144 results for 'judge:"Miller"'.
J. Miller finds the trial court properly denied defendant's motion to suppress the results of a blood test following the accident that led to vehicular assault and DUI charges. The testimony of officers who arrived at the scene of the crime was sufficient to establish probable cause for a search warrant. Meanwhile, consecutive sentences were supported by the nature of the crime, which resulted in traumatic brain injuries to at least two passengers, and the trial court properly found a course of conduct based on the multiple charges of vehicular assault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: September 11, 2023, Case #: 2023-Ohio-3207, Categories: Search, Dui, Vehicular Homicide
J. Miller finds that the trial court properly awarded the mother of one of defendant's sexual assault victims $9,000 in restitution so she could replace the furniture where the assaults occurred. Though the furniture was still functional, the mother and daughter are entitled to restitution for psychological trauma as noneconomic damages. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: September 7, 2023, Case #: E079444, Categories: Sex Offender, Restitution, Child Victims
J. Miller grants the school board summary judgment solely on the principal's claim for failure to accommodate her request for a
period of entirely remote work. The principal, who developed asthma after working in a mold-infested school, sought to work remotely. However, it is essential to her position as elementary school principal to be present at the school.
Court: USDC Eastern District of Virginia, Judge: Miller, Filed On: September 7, 2023, Case #: 2:22cv167, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Employment Retaliation
J. Miller finds the trial court properly entered a final default judgment against the tenant in a commercial eviction lawsuit it faces from its landlord's successor. Though it perhaps could have been dubbed a "partial final judgment," the judgment challenged did not purport to dismiss all counts in the lawsuit, just the first count, so the trial court still had jurisdiction to award damages in accordance with the second count despite the tenant's arguments. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: September 6, 2023, Case #: 23-0061, Categories: Landlord Tenant, Jurisdiction
J. Miller grants in part and denies in part a petition for review brought by the Solar Energy Industries Association (SEIA) and several environmental organizations challenging orders adopted by the Federal Energy Regulatory Commission (FERC) that alter which facilities qualify for benefits under the Public Utility Regulatory Policy Act (PURPA) and how those facilities are compensated. FERC violated the National Environmental Policy Act by failing to prepare an environmental assessment before issuing the order. Although FERC's failure to prepare an assessment was a serious violation of the order, that order "does not suffer from fundamental flaws making it unlikely that FERC could adopt the same rule on remand."
Court: 9th Circuit, Judge: Miller, Filed On: September 5, 2023, Case #: 20-72788, Categories: Environment
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J. Miler finds the trial court improperly found against the former wife in her lawsuit over allegedly fraudulent transfers of funds by her former husband and the consulting company. The trial court incorrectly determined it lacked authority to extend an expired lis pendens the wife recorded with the clerk of court, which is necessary to protect her interests in a property against the claims of third-party lien holders. The wife's petition for certiorari is granted and the trial court's order is quashed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 23-1180, Categories: Property, Settlements, Contract
J. Miller finds the trial court properly ordered the mortgagee to pay interest at the default rate to the mortgagor after it admittedly defaulted on payments for its mortgage, as the loan documents in question specifically hold that any unpaid debt will have to repaid along with interest at the default rate. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 22-1773, Categories: Foreclosure, Contract
J. Miller finds the trial court properly revoked defendant's youthful offender probation stemming from his convictions for armed carjacking, firearm possession and burglary and sentenced him to six years in prison. Even though the trial court correctly revoked defendant's probation for failing to undergo a sex offender evaluation that became a specific requirement as part of an initial mental health evaluation mandated by his probation, the case is still sent back to the trial court so it can conform its written order with its oral pronouncement of sentence. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 22-1249, Categories: Burglary, Firearms, Probation
J. Miller finds the trial court for the most part properly found in favor of the mother in a dispute with the father over conditions of their marital settlement agreement, including payment of attorney fees and child support. All aspects of the trial court's order are upheld, but the case is remanded so the trial court can remove language from its order saying the attorney fees it awarded to the mother cannot be discharged in bankruptcy. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 23-0249, Categories: Family Law, Jurisdiction, Attorney Fees
J. Miller finds that the trial court improperly granted in part defendant's motion for a new trial on his convictions for aggravated assault with a deadly weapon and firearm offenses. The trial court incorrectly found that defendant's trial counsel was deficient for failing to request a jury instruction on reckless conduct as a lesser included offense of aggravated assault. Defendant's action in firing warning shots into the air constituted aggravated assault with a deadly weapon, not reckless conduct. Reversed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: August 28, 2023, Case #: A23A1140, Categories: Firearms, Ineffective Assistance, Assault
J. Miller finds the trial court improperly granted equal timesharing and shared parental responsibility between the mother and her husband she is getting divorced from, who is not the biological or adoptive parent of her minor child and has no other legal parental status. Because the trial court otherwise lacked authority to award such timesharing and parental responsibility to a third party, its decision is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 23, 2023, Case #: 23-0203, Categories: Family Law
J. Miller finds that the district court properly denied a company’s motion to dismiss a complaint filed by the Federal Energy Regulatory Commission (FERC) that sought an order affirming the assessment of a civil penalty against the company and one of its traders for making "unlawful manipulative trades in the California energy market." The company contended that FERC’s federal district court action was untimely, but the claim was within the five-year statute of limitations. Affirmed.
Court: 9th Circuit, Judge: Miller, Filed On: August 18, 2023, Case #: 22-15584, Categories: Energy, Trade
J. Miller finds that the trial court was within its discretion to deny a husband's request for an evidentiary hearing before awarding his wife $25,000 in attorney fees for the costs of defending his appeal of a dissolution order. He had forfeited the right to a hearing by not requesting one earlier and the fee award was based on substantial evidence about his disposable income and the likelihood he would soon be re-employed as an attorney. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: August 10, 2023, Case #: A162932, Categories: Family Law, Attorney Fees
J. Miller finds that the trial court properly found in favor of the insurance company in a coverage dispute with an insured who was in a car accident while working as a Lyft driver but represented on his policy application that his car was not going to be used for business purposes. The trial court's "well-reasoned" order awarding summary judgment to the insurance company is upheld, as the insured was not absolved of learning the nature of the contract he was signing with the insurance company even though he claims the agent who translated the contract and helped him complete it filled in blank fields on her own without getting sufficient information from him. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 9, 2023, Case #: 22-1384, Categories: Insurance, Contract
J. Miller finds that the trial court improperly sentenced defendant following his guilty plea to armed robbery, aggravated assault with a deadly weapon and a firearm offense. Defendant's sentence for armed robbery is void because the trial court departed from the mandatory minimum without the state's consent. There was no agreement between defendant and the state for defendant to receive a sentence less than the mandatory minimum for the armed robbery conviction. Vacated.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: August 4, 2023, Case #: A23A0853, Categories: Robbery, Sentencing, Plea
J. Miller finds that the trial court improperly entered judgment against the massage customers who allege that they were sexually assaulted by the massage therapists. Demurrers were sustained without leave to amend on the ground that the applicable statutes of limitations barred the claims. An amendment to the code of civil procedure that went into effect on the heels of the appellate briefing revives, possibly, all the claims. Those alleging assault must have opportunity to amend their complaints. The therapists who have been accused must also have the opportunity to make further arguments as to the effect of the revival statute on each of the causes of action. Reversed.
Court: California Courts Of Appeal, Judge: Miller , Filed On: July 27, 2023, Case #: A163543, Categories: Due Process, Assault
J. Miller finds the trial court properly revoked defendant's probation and sentenced him to 25 years in prison for violating his probation in part by committing armed burglary and lewd exhibition and associating with a person engaged in criminal activity. Although defendant correctly notes that his probation was revoked in part based on hearsay evidence, that hearsay evidence was sufficiently backed up by other evidence from the police, the burglary victim and defendant's own admissions. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: July 26, 2023, Case #: 22-0703, Categories: Burglary, Evidence, Probation
J. Miller finds that the trial court properly denied defendant's motion to withdraw his guilty plea to criminal attempt to commit armed robbery, aggravated battery, influencing a witness and violations of the Street Gang Terrorism and Prevention Act. The trial court correctly found that defendant's plea was voluntarily entered even though defendant was crying and emotional during the proceedings. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: July 20, 2023, Case #: A23A0980, Categories: Robbery, Plea, Gangs
J. Miller-Lerman finds the district court improperly reinstated the city’s animal control contract with the Humane Society, finding that the city lacked reasonable sufficient evidence to terminate. The city did not exercise a judicial function when it voted on the matter and the court lacked petition in error jurisdiction. The court’s order is vacated, and the appeal is dismissed for lack of jurisdiction.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: July 14, 2023, Case #: S-22-698, Categories: Municipal Law, Jurisdiction, Contract
J. Miller finds that defendant's constitutional right to an impartial jury was not violated when the trial court denied several of his juror challenges during his trial on 17 counts related to his kidnapping and sexual assault of a 7-year-old girl. The individuals were never challenged for cause and were eventually seated on the jury; therefore, they are presumed to have been impartial and the lack of evidence to the contrary renders defendant's claim meritless. Meanwhile, the trial court properly denied defendant's motion to merge two kidnapping convictions as allied offenses because the charges stemmed from different activities. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: July 10, 2023, Case #: 2023-Ohio-2357, Categories: Jury, Sentencing, Kidnapping
J. Miller-Lerman finds the Nebraska court of appeals properly reversed the juvenile court’s termination of the father’s parental rights to his son on grounds that he had substantially neglected the child’s necessary care and protection. Though the father is currently incarcerated, since learning of his paternity he has shown interest in parenting, completed classes, stayed in contact with caseworkers and consistently visited with his son. The evidence does not support termination. Though the court of appeals advocates for placement with the mother, the Nebraska Supreme Court advocates for placement with the grandmother. Affirmed as modified.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: July 7, 2023, Case #: S-22-312, Categories: Family Law, Guardianship
J. Miller finds the trial court properly ruled against the debtor in the bank's lawsuit against him and his wife when they fell behind on payments toward a line of credit. Contrary to the debtor's argument, the relevant law and Florida civil procedures do not take away the trial court's jurisdiction to adjudicate claims against the debtor just because his wife already separately negotiated a settlement with the bank and stipulated to a voluntary dismissal of the claims against her. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: July 5, 2023, Case #: 22-1076, Categories: Jurisdiction, Contract
J. Miller-Lerman dismisses the conservator's appeal of the county court's authorization of a settlement with the insurance carrier of the driver of a vehicle in which the minor passenger was injured from a collision with a school bus. The conservator sought an order vacating the settlement authorization on the grounds that it limited the minor's recovery against non-settling parties, and now appeals the court's denial of that motion. The conservator’s motion was a request for rescission of contract sounding in equity over which neither the county court nor the Nebraska Supreme Court have jurisdiction. Vacated.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 30, 2023, Case #: S-22-239, Categories: Insurance, Vehicle, Jurisdiction
J. Miller finds that despite defendant's claim of self-defense, his domestic violence conviction is supported by sufficient evidence. The victim's testimony about the assault, including being grabbed by the arm and struck with a broom handle, satisfied the elements of the crime, while it was up to the jury to determine the credibility of all witnesses. Meanwhile, defendant's ineffective assistance claim fails because the alleged evidence on SD cards from his home security camera are not in the record and may not exist at all, and an attorney's performance cannot be considered deficient for a failure to introduce evidence that does not exist. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: June 26, 2023, Case #: 2023-Ohio-2101, Categories: Ineffective Assistance, Domestic Violence, Self Defense
J. Miller finds that, although the prosecutor did not ask the victim explicitly whether the rape took place in her marital bedroom, venue was properly established for defendant's trial because other questioning proved the events took place in the county of the trial court. However, because the trial court failed to notify defendant of all statutory requirements when it imposed his indefinite sentence, the case must be remanded for resentencing. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: June 26, 2023, Case #: 2023-Ohio-2097, Categories: Sentencing, Sex Offender, Jurisdiction