2,759 results for 'judge:"Per curiam"'.
Per curiam, the appeals court finds the trial court erred by summarily denying defendant's postconviction motion alleging ineffective assistance of counsel at his trial on second-degree murder and other charges, which resulted in him being sentenced to at least 30 years' imprisonment. There is enough evidence in the record such that three of defendant's four claims of ineffective assistance should not have been summarily denied, including those alleging his lawyer did not claim stand-your-ground immunity or conduct an independent investigation of the facts before trial. The matter is remanded so defendant can file an amended motion and the trial court can make a more complete record. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-1877, Categories: Ineffective Assistance, Murder
Per curiam, the Texas Supreme Court grants a company's petition for mandamus relief in a premises liability case filed by a guest who was injured during her stay at a resort owned by the company. After failing to answer the guest's suit, the trial court signed a default judgment against the company. The judgment was drafted by the guest's counsel and contained language noting it as the "Final Default Judgment." Despite its language, the judgment is not final and the company should be allowed to challenge the default judgment.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-1100, Categories: Civil Procedure, Tort
Per curiam, the Texas Supreme Court finds that the court of appeals improperly approved damages awarded to a woman who sued a truck driver and his employer after being injured in an accident. The truck driver moved for a mistrial after the woman's attorney said that the driver's suggestion of damages was lower because she was a woman and African-American, which the court denied. The accusation made by the woman's counsel created incurable harm to the jury, thus necessitating the case to be revisited. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-0521, Categories: Jury, Vehicle
Per curiam, with Justices Chutich and Procaccini taking no part, the Minnesota Supreme Court grants the Democratic-Farmer-Labor Party chair's petition seeking decertification of the Legal Marijuana Now Party as a major Minnesota political party. The statute establishing that major parties meet requirements including the establishment of state central and executive committees and local conventions and committees does not violate the party's First Amendment associational rights, and Legal Marijuana Now has not satisfied all of the statutory requirements.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: A24-0216, Categories: Constitution, Elections, First Amendment
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Per curiam, the circuit finds that the district court properly dismissed claims in which Emelike Nwosuocha contends the copyright for his online song "Made in America" had been infringed by the parties who put out the song "This Is America," which won two Grammy Awards for Donald Glover in 2019, as the sound recording of Nwosuocha's song had not been registered for a copyright for the musical work, and claims that this had been a mistake lacked merit. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-703, Categories: Copyright
Per curiam, the Vermont Supreme Court finds the trial court properly convicted the defendant of aggravated assault with a deadly weapon after a jury trial. The defendant appeals the conviction alleging the state failed to give proper jury instruction to prove beyond a reasonable doubt he acted with the requisite intent. The evidence was sufficient to show the jury that the defendant did commit the crime on purpose and knowingly cause injury. Therefore, there was no error found in the jury instructions. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-339, Categories: Assault, Weapons, Jury Instructions
Per curiam, the Vermont Supreme Court finds the trial court properly convicted the defendant of domestic assault after he threw items at his wife and grabbed her by the arm and neck. The state introduced evidence of prior bad acts stemming back years ago and the daughter’s call to 911 during the incident. The state met the burden of evidence because it was relevant and admissible to explain the nature of the defendant’s behavior toward his wife. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-289, Categories: Evidence, Sentencing, Domestic Violence
Per curiam, the Vermont Supreme Court finds the trial court properly granted summary judgment and writ of possession of the decedent’s home in favor of his estate stemming from a resident financially exploiting a vulnerable adult by stealing from the estate’s decedent after he was diagnosed with cancer. The decedent met the resident when he was a teenager needing a mentor, when the decedent became sick the resident moved into his home. The resident alleges he was a tenant and had the right to possession because he had the right to purchase the home, but the probate court invalidated that portion of the decedent’s will. The material facts are undisputed that the decedent was a vulnerable adult, and the estate had the standing to pursue the proceedings and to regain the possession of the home. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-212, Categories: Settlements, Negligence, Civil Extortion
Per curiam, the Vermont Supreme Court finds the lower court improperly granted sole custody to a mother of her three children in this dissolution of marriage filed by the father. The father alleges the lower court found that the children had been left hungry on multiple occasions in the mother’s care after she interfered with the father’s parent-child contact by taking them to Illinois. Therefore, this case is remanded because the court’s findings do not support the conclusions and the father is a capable caregiver with a strong bond with his children. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-352, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the trial court properly ordered a neighbor to stay away from the property owner at all times and to stay 50 feet away from the boundary line between the parties’ properties. The neighbor alleges that her due process rights were violated because of insufficient evidence for the property owner’s claims of stalking and being threatened. The court’s findings were supported by the evidence and the neighbor’s claims do not provide a strong basis to reverse. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-359, Categories: Negligence, Emotional Distress, Due Process
Per curiam, the Vermont Supreme Court finds the trial court properly terminated the parental rights to a father. The father argues the state failed to show or prove that he was served a notice of the hearing and that decisions regarding the parent-child contact to the family services department was wrongfully delegated. The notice of hearing was delivered to the last known address of the father, and it was his responsibility to change his address. He lacked an engagement with the children, as evidence by his failure to show up to visitations offered by video or in-person. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-405, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the trial court erred in granting summary judgment to the state based on the 1812 survey in this appeal brought by a group of citizens involving a dispute concerning the width of a portion of U.S. Route 2 in Richmond, Vermont. The court relied on a survey conducted by the state transportation agency indicating the right of way was four rods wide, the citizens challenge the reliability of that survey and clerical errors. Therefore, the trial court must resolve the question if one of the citizens were properly provided notice for the agency’s motion for summary judgment and correct a typographical clerical error in the decision. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-249, Categories: Government, Transportation
Per curiam, the appellate division finds that the lower court improperly granted the petition to invalidate a candidate's designation as a candidate in the primary election for the nomination of the Democratic Party as its candidate for the office of Member of the New York State Assembly for the 32nd Assembly District. The candidate's statement admitting certain allegations in the petition was not a formal judicial admission. Therefore, further proceedings on the petition are required to determine if his candidacy should be invalidated. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02558, Categories: Elections
Per curiam, the appellate division finds that attorney Rita Horowitz Altman, sanctioned for misconduct where she lives and practices immigration law in Florida, should be suspended in New York for three years. Altman failed to timely report the discipline in her home jurisdiction, which stretched over nearly 20 years, as well as discipline imposed by the board of immigration appeals based on the Florida misconduct. Meanwhile, her actions in Florida would have qualified for discipline New York.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-86-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney William Brammer should be suspended for 30 days due to similar sanctions imposed upon misconduct in his home jurisdiction of Washington, D.C. Brammer promptly alerted New York officials to the discipline, which included his admission to lack of client communication, and the New York suspension is retroactive to the suspension imposed in D.C. in January 2021.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-87-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Gerald Orseck should be suspended for three years for misconduct. The parties agreed to the discipline following lengthy negotiations over charges that Orseck mismanaged his escrow account and engaged in conflicts of interest with a current client, and other instances of discipline during his 65 years of practice were also considered.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-88-24, Categories: Attorney Discipline
The appeals court upholds the trial court denial of an anti-SLAPP motion that an ex-wife filed in response to her ex-husband's petition for a restraining order. Emails she sent about a lawsuit she planned to file against him were protected by litigation privilege, but others were unrelated and unprotected. However, using the litigation privilege in support of an anti-SLAPP motion to bar his petition for a restraining order would run counter to the purpose of litigation privilege. A restraining order would not limit her access to the judicial process, and preventing him from filing for one would limit his. And he met his prima facie burden of showing that her emails were sufficiently abusive under statute to withstand her anti-SLAPP motion. Affirmed.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2024, Case #: H049873, Categories: Anti-slapp, Restraining Order
Per curiam, the appellate division finds that the lower court improperly dismissed a constructive eviction claimed filed by a tenant due to Legionella bacteria contamination in its building. This is a commercial lease, not a residential one, so the implied warranty of habitability does not apply. Although the contamination did not constitute a casualty under the lease, there is still good reason to permit discovery over damages. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02580, Categories: Landlord Tenant, Discovery
Per curiam, the appellate division finds that the lower court properly dismissed a negligence claim due to failure to prove a serious injury under the meaning of state insurance laws. Although the injured party offered an MRI scan to prove the injuries, a defense expert opined that the low impact of the accident in question could not have caused the claimed injuries, which rather appeared to be degenerative in nature. The medical records themselves contain no evidence of bodily limitations contemporaneous with the accident, but rather merely the report of a pain management doctor who examined the injured person years later. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02600, Categories: Negligence, Experts
Per curiam, the court of appeal finds that the trial court properly convicted defendant, an assistant coach with the high school football team, of the misdemeanor offense of disrupting a school function and resisting arrest based on evidence concerning the coach's disturbance of the game. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2024, Case #: 1D2022-3288, Categories: Resisting Arrest, Trespass
Per curiam, the appellate division finds that the lower court properly dismissed a claim the assistant of a stylist of celebrity Kim Kardashian published a photograph including the claimant without her consent. The claim does not prove that the court has personal jurisdiction over Kardashian or that she continuously conducts business in New York. The same goes for NBC Universal, which was not shown to have deceived or misled the public materially. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02514, Categories: Privacy, Jurisdiction
Per curiam, the appellate division finds that the lower court properly declined to dismiss a putative class action against a landlord for rent overcharges and violations of the Rent Stabilization Law. The law prohibits property owners from adjusting the rent until the end of a lease except as pursuant to guidelines. The landlord here may have violated the statute by inflating registered initial rents by offering prorated discounts in the guise of concessions. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02515, Categories: Landlord Tenant