187 results for 'filedAt:"2023-05-24"'.
J. Deavers denies the non-party engineering firm's motion for sanctions, ruling the hydroelectric company did not abuse the subpoena process when it requested extensive documents and other discovery materials from the firm, which was integral to the project from which this lawsuit originally stemmed. However, the cost-shifting rule of procedure is applicable in this case, given the large amount of attorney fees and other costs incurred by the non-party firm, which produced more than 1.2 million documents throughout the discovery process. Therefore, the hydroelectric company will reimburse it for more than $82,000 in expenses.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: May 24, 2023, Case #: 2:17cv708, NOS: Other Contract - Contract, Categories: Sanctions, Discovery, Attorney Fees
J. Hixson finds the trial court properly convicted defendant for aggravated assault on a family or household member, terroristic threatening and domestic battering. His wife testified that he choked her unconscious for being unable to find him a pair of socks, stating during the attack that he would kill her and their son if she left him. After the attack defendant would not let her leave the house with both children at the same time. In his motion for directed verdict, defendant’s counsel stated, “On the charge of domestic battery … there’s been insufficient evidence … to show that [defendant] caused … injury” to the victim intentionally.He fails to argue that his proposed “extreme stress” negated purposeful intent. This argument is also conclusory and without citation to supporting authority. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: May 24, 2023, Case #: CR-22-258, Categories: Evidence, Assault, Domestic Violence
J. Greer finds that defendant was properly denied relief from his 2015 conviction for indecent exposure after exposing himself to a correctional officer. Defendant dismissed two court-appointed attorneys in a effort to represent himself, then falsely claimed he had not been allowed to testify on his own behalf. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: May 24, 2023, Case #: 22-1046, Categories: Ineffective Assistance, Sex Offender
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J. Gladwin finds the trial court properly convicted defendant for aggravated assault on a family member, domestic battery and endangering the welfare of a minor. Though defendant says he was trying to keep his daughter from leaving the house in the middle of the night, she testified that he, while drunk, came into her room as she was sleeping and started an argument. He began throwing lamps, then choked her. She ran out of the house and he and his dog chased her down. He again choked her as she attempted to flee. Home security video confirmed these events. Defendant claims that an evidence rule was used contrary to jury instruction, but his argument is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 24, 2023, Case #: CR-22-773, Categories: Assault, Domestic Violence, Jury Instructions
J. Wicker vacates the trial court's order granting the intrafamily adoption of a child because it lacked subject matter jurisdiction to consider and render judgment. The evidence shows that litigation regarding the custody of the child was already pending in the Jefferson Parish proceedings at the time the petition for intrafamily adoption was filed in St. Charles Parish. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 24, 2023, Case #: 23-CA-45, Categories: Civil Procedure, Family Law, Jurisdiction
J. Gravois finds that defendant was properly convicted of second degree murder and armed robbery with a firearm. The victim's girlfriend testified that three men with guns forced their way into her apartment, demanding two kilos of cocaine, tied her up and eventually took the victim in a truck with them. The girlfriend identified defendant and another individual in a line up as two of the men that entered her house. Further, defendant admitted to duct taping the girlfriend. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-371, Categories: Evidence, Murder, Robbery
J. McKeague finds that while the inmate was not represented by counsel when he was convicted and sentenced to time served for a marijuana possession charge, the trial court properly used the conviction to enhance his sentence on an assault with intent to murder conviction. There is no clearly defined principle against such an application of a previous conviction. While an uncounseled conviction that results in jail typically cannot be used for sentence enhancements, it is reasonable to conclude the inmate's possession conviction did not result in a prison sentence because he was already in prison. Therefore, the use of the conviction to enhance his current sentence did not violate his constitutional rights. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: May 24, 2023, Case #: 21-2799, Categories: Habeas, Sentencing
J. Doyle finds that defendant was properly sentenced based on his guilty plea to operating while intoxicated, third or subsequent offense, based on defendant's admission that he was a habitual offender. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: May 24, 2023, Case #: 22-0540, Categories: Sentencing, Dui, Plea
J. McClendon finds that the trial court properly dismissed the claims in a dispute between a property owner and homeowners association involving alleged violations of landscape maintenance requirements. The property owner's claims challenging certain amendments to the subdivision declaration are either prescribed or lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: May 24, 2023, Case #: 2022CA0936, Categories: Civil Procedure, Property, Real Estate
J. Lourie finds that the patent trial and appeal board properly held that a guide extension catheter was not unpatentable on grounds that the Itou patent does not constitute prior art because the product at issue was reduced to practice "prior to the critical date." Affirmed.
Court: Federal Circuit, Judge: Lourie, Filed On: May 24, 2023, Case #: 2021-2356, Categories: Patent
J. Stearns denies, in part, four officers' motion to dismiss an individual's claims arising from her arrest and conviction for arson and the resulting death of her parents in a house fire. She sufficiently alleges bad faith to support her claim regarding the destruction of exculpatory evidence, and she sufficiently pleads her civil conspiracy claim.
Court: USDC Massachusetts, Judge: Stearns, Filed On: May 24, 2023, Case #: 1:23cv10340, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
J. Chutkan denies, in part, the government's motion to dismiss discrimination and retaliation claims filed by a veteran and former worker with the Department of Housing and Urban Development. He has adequately pleaded his claims for age and disability discrimination.
Court: USDC District of Columbia, Judge: Chutkan , Filed On: May 24, 2023, Case #: 1:21cv2709, NOS: Other Statutory Actions - Other Suits, Categories: Veterans, Employment Discrimination, Employment Retaliation
J. Horan denies, in part, a software company's motion to strike an individual's errata sheets in a securities case. Certain aspects of the errata sheets comply with applicable rules and, therefore, will not be precluded from being used for summary judgment or other purposes.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: May 24, 2023, Case #: 3:21cv2025, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Securities
J. Hand upholds the lower court's judgment extending a mother's harassment prevention order against defendant, who was convicted of indecent assault and battery charges, one of which was committed against her child. Defendant is prevented by collateral estoppel from relitigating the harassment at issue and the mother was only required to show a need for protection from the impact of the harassment. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Hand, Filed On: May 24, 2023, Case #: 22-P-44 , Categories: Evidence, Restraining Order
J. Artau finds that the trial court improperly distributed property in this divorce action because the home equity line of credit taken out on non-marital property should not have been split between the parties. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: May 24, 2023, Case #: 4D21-3122, Categories: Family Law