179 results for 'filedAt:"2024-02-08"'.
J. McEvers finds that the district court properly dismissed an administrative appeal for lack of subject matter jurisdiction after BNSF Railway Company applied to the Department of Water Resources to construct a new rail bridge across the Missouri River between Bismarck and Mandan. The appellants failed to perfect their appeal because they did not request a hearing and therefore the court lacked subject matter jurisdiction to hear the appeal. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: February 8, 2024, Case #: 2024 ND22, Categories: Administrative Law, Jurisdiction
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J. Hurd grants a self-represented litigant’s motion for reconsideration and reinstates his fabricated evidence claim against a group of Syracuse police officers and detectives. He alleges the authorities fabricated evidence to frame him for a murder cold case. The court finds that, due to a change in the prevailing law following Second Circuit’s ruling in Barnes v. New York City, the underlying events in his claim satisfy the requirement that he show a causal connection between the alleged falsified evidence and a deprivation of his liberty interests.
Court: USDC Eastern District of New York, Judge: Hurd, Filed On: February 8, 2024, Case #: 5:20cv1489, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Due Process
J. Jensen affirms in part a district court order granting Wells Fargo Bank’s motion to vacate an order establishing the authority of domiciliary foreign personal representatives and letters testamentary in the matter of the estate of a deceased individual. The lower court was incorrect in determining the Dunn County District Court lacked subject matter jurisdiction regarding an application for foreign probate proceedings. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: February 8, 2024, Case #: 2024ND23, Categories: Wills / Probate
J. White mostly denies the competing motions to exclude expert testimony in this case concerning the use of force used by police. The court finds that the estate plaintiffs' use of force expert uses reliable methods to reach his conclusions on use of force and that his opinions "are not impermissible legal conclusions." He will not be allowed to testify, however, as to the first aid rendered or the conclusion that the officers were "deliberately indifferent."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: February 8, 2024, Case #: 6:20cv152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Crothers finds that the district court properly dismissed an application for post-conviction for gross sexual imposition in 2017. The application was filed more than two years after his conviction became final and was therefore untimely. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 8, 2024, Case #: 2024ND19, Categories: Sex Offender
J. Egan finds that the lower court properly dismissed defendant's request to review a decision denying parole since the parole board weighed the required factors, including the violent nature of his armed standoff with police, which led to conviction for weapon possession and attempted murder. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: February 8, 2024, Case #: CV-22-1888, Categories: Parole
J. Easterly finds the lower court properly refused to hold a jury trial in defendant's simple assault trial. Although his conviction triggered a five-year ban on firearm possession, he fails to show "a temporary, geographically limited firearm ban transforms an otherwise petty offense into an offense triggering the right to a jury trial." Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 8, 2024, Case #: 22-CM-0611 , Categories: Firearms, Jury, Assault
J. Tijerina finds that the lower court properly divided the community estate in this divorce proceeding. The husband argues that he "received 6.3% of the community estate," but the court disagrees, as a certain financial account was the wife's separate property, and the husband was awarded one-half of the community's interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: February 8, 2024, Case #: 13-22-00249-CV, Categories: Civil Procedure, Family Law, Property
J. Orrick dismisses civil rights claims from Barry Gilton, who claims that San Francisco officials made up evidence to convict him of being involved in the murder of Calvin Sneed, of which he was eventually acquitted. His complaint is supported by largely circumstantial evidence and does not show that he was prosecuted without probable cause. Gilton's prior experiences with Sneed regarding troubles with his daughter, as well as Gilton's known connections to the gang involved in the killing, all gave prosecutors enough probable cause to indict Gilton.
Court: USDC Northern District of California, Judge: Orrick, Filed On: February 8, 2024, Case #: 3:22cv7697, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Reynolds Fitzgerald finds that the workers' compensation board properly rescinded benefits awarded to a butcher for back, knee, and leg injuries for failure to demonstrate attachment to the labor market. The butcher prematurely argued that he should be granted a "permissible inference" to avoid demonstrating job search efforts on grounds that lost wages related to his degree of disability. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: February 8, 2024, Case #: CV-23-0290, Categories: Civil Procedure, Workers' Compensation
J. Bahr finds that the district court properly denied a motion involving an eviction notice. The motion was frivolous and noted that the individual filing "has played games throughout the proceedings," and that he was attempting to relitigate matters previously decided. Attorney fees were properly awarded. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 8, 2024, Case #: 2024ND25, Categories: Property, Attorney Fees
J. Mathis finds the lower court properly granted the government's motion for summary judgment in a tax case. The Swiss bank account holder's repeated refusal to file required tax documents and his decision to have the account numbered so it would not include his name constitutes willful conduct that allowed for greater penalties under federal tax law. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: February 8, 2024, Case #: 23-1481, Categories: Tax, Banking / Lending
J. Moeller finds that the trial court improperly admitted video evidence of recorded interviews with defendant's alleged victim by a social worker in his trial for lewd conduct and disseminating harmful material to a minor. The purpose of the social worker's questioning was not only diagnostic, as she sought details about the perpetrator to build a criminal case and was partially guided by an investigator monitoring the interview over a closed-circuit monitor. The forensic component of the interview transformed it from medical to investigatory, and the video evidence into testimony subject to confrontation. Vacated.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: February 8, 2024, Case #: 50523, Categories: Confrontation, Sex Offender, Child Victims
J. Love finds that defendant was properly convicted of second degree murder and being a felon in possession of a firearm. A deceased witness made a statement to police that defendant admitted to killing the victim. Further, the deceased witness' statement was admissible under statute because the cell phone text evidence established that her unavailability, as a result of her homicide, resulted from defendant's wrongdoing. Also, in this case, it is undisputed that the victim was killed by a gun, and the deceased witness stated that she observed defendant with a "big gun." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: February 8, 2024, Case #: 2023-KA-0520, Categories: Evidence, Murder
J. Grimberg denies the individual's motion for leave to amend an amended civil rights action to add two police officers as defendants. The action arose after the individual was handcuffed and detained naked outside his home while police executed a search warrant on the property. The claims against the two officers were previously dismissed in an order addressing the original action. The individual failed to show good cause to amend his action and delayed in seeking leave to amend. The individual waited until after the closure of two discovery periods to try to find out the officers' role in his seizure.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: February 8, 2024, Case #: 1:20cv3409, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Briones remands to state court a lawsuit brought by a construction worker who said he was injured on the job and separately allows him to amend his complaint to add other prospective defendants. While this court finds that the construction worker has overall met the requirements to add new defendants, the court has “concerns” about one of these defendant companies because while the construction worker says he only recently learned its identity, the company is run by his own son, and this court “finds it difficult to believe that plaintiff was not aware of his sonzs identity, nor
the fact that he purportedly worked for his son’s company on the date of the alleged fall.”
Court: USDC Western District of Texas , Judge: Briones, Filed On: February 8, 2024, Case #: 3:23cv268, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Tort, Jurisdiction
J. Gallagher finds the trial court properly denied defendant's motion to separate his assault and murder charges into two trials. The evidence for each of the sets of charges was simple and direct, while the crimes also occurred on separate dates at separate locations, which prevented any chance of confusion by the jury. However, the trial court erroneously failed to consider defendant's age of 17 at the time he committed the offenses, and so defendant's sentence of life in prison with parole eligibility after 63 years will be vacated and the case remanded for resentencing. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 8, 2024, Case #: 2024-Ohio-467, Categories: Juvenile Law, Murder, Sentencing