109 results for 'filedAt:"2023-12-12"'.
J. Moore finds the trial court properly sentenced defendant by plea-based conviction for attempted possession of meth with intent to deliver. During a routine traffic stop, the officer discovered $18,000 and one pound of meth in the vehicle. After receiving a Miranda warning, defendant agreed to speak and admitted to delivering several pounds of meth and marijuana, and that the money was from the sale of the drugs. All evidence supports conviction, and the sentences were within the statutory range. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 12, 2023, Case #: A-23-277, Categories: Drug Offender, Evidence, Sentencing
J. Pirtle finds the juvenile court properly continued temporary protective custody of the mother's son with the Department of Health and Human Services. Given the mother's prior issues with her children, her involvement with an abusive romantic partner with a significant criminal history and her history of substance abuse, the state alleged the son lacked proper parental care. Sufficient evidence shows that removing the son was necessary and that reasonable efforts were made to preserve the family prior to removal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 12, 2023, Case #: A-23-300, Categories: Evidence, Family Law, Guardianship
J. Brown finds that the juvenile court properly found the immigrant child to be dependent and awarded temporary custody of the child to the uncle. However, the juvenile court failed to make findings related to the child's special immigrant juvenile status. The case is remanded to allow the juvenile court to make specific written findings as to five immigration factors. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: December 12, 2023, Case #: A23A1775, Categories: Family Law, Immigration
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J. Goldstein finds that the lower court properly confirmed an arbitration award and entered a final judgment awarding damages to the appellees. The appellant argues that the lower court lacked jurisdiction based on the appellee's failure to pay a filing fee. However, the fee for the underlying dispute had already been paid by the appellant, and there was no requirement "to pay an additional, jurisdictional fee." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 12, 2023, Case #: 05-22-01147-CV, Categories: Arbitration, Jurisdiction
J. Strickland denies, in part, the police officer's motion for summary judgment on the grounds of qualified immunity, ruling that because the decedent had committed no crime and posed no danger to anyone at the time of the initial questioning and detainment, the estate has set forth a plausible Fourth Amendment claim for unreasonable search and seizure. Additionally, the wrongful death and excessive force claims will proceed, as the officer knew or should have known the decedent was unarmed at the time of his arrest and, therefore, the use of a taser and other force to take him to the ground shortly before his death was objectively unreasonable.
Court: USDC New Mexico, Judge: Strickland, Filed On: December 12, 2023, Case #: 1:22cv703, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Robinson finds that the trial court properly ordered a new election for the office of Caddo Parish Sheriff. In this case, the election was decided by one vote, and there is evidence of voter irregularities. The record shows that two voters illegally voted twice and that four ineligible fully interdicted persons voted in the election. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: December 12, 2023, Case #: 55,730-CA, Categories: Elections, Evidence
J. Gray finds that the lower court properly issued a divorce decree in a divorce dispute. The former husband takes issue with the fact that the decree was issued by a successor judge after the judge who carried out the trial retired. He says the new judge violated his due process rights by making findings without a "formal certification," but the former husband waived those related rights during trial. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: December 12, 2023, Case #: S-23-0130, Categories: Civil Procedure, Family Law
J. Tymkovich finds that the bankruptcy court properly ruled in dispute over a question of earmarked funds. The funds were earmarked to pay off a debt to the mother of a man who owned a petroleum company before filing for bankruptcy, which the trustee tried to recover because the mother was being paid before creditors who were given a higher priority under the bankruptcy plan. The lower court properly rejected the trustee's claims on the basis that the petroleum company did not have an interest in those funds, as well as the fact that the overall bankruptcy estate was not diminished by allowing the payments to the mother. Affirmed.
Court: 10th Circuit, Judge: Tymkovich , Filed On: December 12, 2023, Case #: 22-2073, Categories: Bankruptcy
Per curiam, the appellate division finds that the lower court properly found for the union funds in a breach of contract dispute. There was no written contract between the parties for the provision of information technology services, so vague alleged promises of specific work to be assigned to the company cannot be enforced. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 12, 2023, Case #: 06340, Categories: Contract
J. Lindsay grants, in part, a group of businesses' motion for reconsideration of the admissibility of expert testimony in an insurance coverage dispute concerning a roof. Although one of the experts is not qualified to testify whether the roof needs to be replaced rather than repaired, he can testify as to the damage to the roof and the causes of damage.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: December 12, 2023, Case #: 3:16cv2255, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Boyle denies a group of police officers’ motion for a judgment on the pleadings following allegations of unlawful arrest, excessive force and gross negligence brought by a father after the officers shot his son to death. The son made contact during a previous 911 call, during which he said he didn’t need help and if the police showed up, he would shoot them. The police traveled to the son’s property and rammed his car to disable it, then tried to arrest him. They claim he pointed a sawed-off shotgun at one of them, then shot him, killing him. Because it is unclear whether the police used excessive force taking into account the son threatened them with a gun, his father is allowed a short time to amend his complaint.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 7:22cv199, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Baker denies, in part, a utility contractor’s motion to dismiss a traffic technician’s putative class labor claims and remands to superior court. The technician's claims related to minimum wages, wage statements, failure to timely pay and reimburse expenses, and unfair competition are not preempted.
Court: USDC Eastern District of California, Judge: Baker, Filed On: December 12, 2023, Case #: 1:23cv798, NOS: Labor/Management Relations - Labor, Categories: Class Action, Labor
J. Gustafson holds that the district court properly used the rational basis standard to analyze a constitutional substantive due process claim that parents made against school districts over Covid-19 mask mandates. The parents argued that a strict scrutiny standard applies, but that would only apply if masking policies implicated a fundamental right. Also, the testimony about masking's harmful effects proffered by parents' hybrid witnesses would not have addressed the reasonableness of masks at stopping Covid-19. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: December 12, 2023, Case #: DA 23-0046, Categories: Education, Due Process, Covid-19
J. Witt finds that the lower court properly ordered the state to release $8 million from the State Legal Expense Fund to satisfy a judgment in favor of a developmentally disabled man who was beaten with a plastic hanger by a state-employed nurse because he didn't want to go to bed. There is no requirement that state employees be performing their duties in good faith for the Fund to be available to satisfy the judgment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: December 12, 2023, Case #: WD86029, Categories: Government, Damages, Assault