150 results for 'filedAt:"2023-05-25"'.
J. Lorello dismisses this appeal of a decision of the district court, on intermediate appeal from the magistrate court, affirming an order for involuntary commitment. A physician reported that the subject, who weighed only 90 pounds at six feet tall, had “one leg swollen with maggots” and had not bathed in months at the direction of “voices.” Examiners certified that he was disabled by schizophrenia and that he refused hospitalization. He has not established a reasonable expectation that the alleged error that he consistently refused treatment will reoccur. His involuntary commitment has terminated, rendering moot the issues on appeal.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: May 25, 2023, Case #: 49496, Categories: Health Care, Commitment
[Amended.] J. Easterly reverses the superior court's award of $70,000 in attorney fees to a man who sought sanctions against his former domestic partner after she unsuccessfully sued for a divorce. There is no evidence the woman acted in bad faith or engaged in egregious conduct when she pursued the action. Reversed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: May 25, 2023, Case #: 21-FM-0737, Categories: Family Law, Sanctions, Attorney Fees
J. Harper finds the trial court properly denied defendant's pretrial motion to dismiss burglary and home invasion charges. Although he still had keys to the victim's condominium, text messages sent a day before the assault, in which the victim requested the keys and told defendant he "no longer lived there," clearly revoked his privilege to be inside the property. Meanwhile, the trial judge was not required to recuse himself for alleged bias after he referred to the victim as "victim" during pretrial proceedings because the term was never used in front of the jury, and was not used in a hostile or critical way toward defendant. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: May 25, 2023, Case #: AC42991, Categories: Burglary, Judiciary, Assault
J. Soto finds a lower court erred in a convoluted foreclosure dispute. A court in a separate case involving debts allegedly owed by the company facing foreclosure had appointed a receiver, which then attempted to settle the foreclosure on the basis that that the company facing foreclosure was a “subsidiary” of another in-debt company: World Class Capital Group, a company owned by Nate Paul, a real-estate investor involved in the ongoing impeachment inquiry into Republican Texas Attorney General Ken Paxton. However, that receiver has not proven that they could “take possession” of the foreclosed property, and “factual questions remai“” as to whether the receiver was authorized to act on behalf of the company facing foreclosure. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 25, 2023, Case #: 08-22-00073-CV, Categories: Civil Procedure, Debt Collection, Property
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J. Matheson finds that the lower court improperly dismissed claims from environmental groups that sought to challenge the Upper Green River Area Rangeland project in Wyoming, alleging that the Forest Service did not properly consider how the project could influence grizzly bear populations, migratory birds and local fish. The record shows that the biological opinion from the Forest Service did not fully consider a limit on the lethal take of female grizzlies or look deep enough into how the project would contribute to their mortality sink rate. The matter is sent back to the government to address these shortcomings. Reversed in part.
Court: 10th Circuit, Judge: Matheson, Filed On: May 25, 2023, Case #: 22-8031, Categories: Environment, Agency
J. Markle finds that the trial court properly revoked defendant's probation after he committed new drug offenses and sentenced him to five years in prison. The trial court did not commit any error by refusing to consider placing defendant in a drug rehab program instead of incarcerating him because defendant's new offenses were felonies. However, the trial court incorrectly computed defendant's credit for time served on probation. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 25, 2023, Case #: A23A0482, Categories: Drug Offender, Probation
J. Herzfeld sustains the contractor’s appeal of the Navy’s termination of its contract for failure to make progress on a task order for the design and construction of a vestibule and doors at a building in Bahrain. The Navy had waived the performance date and failed to create a new one, and the default termination is converted to one for convenience.
Court: Armed Services Board Of Contract Appeals, Judge: Herzfeld, Filed On: May 25, 2023, Case #: 62753, Categories: Government, Military, Contract
J. Ramirez finds the trial court improperly granted the petition for a writ of mandate seeking to prevent the enforcement of a county measure limiting a supervisor’s terms, as well as monthly compensation. The term limit is constitutional, and the compensation can be set by initiative. It does not violate minimum wage laws. If the trial court erred by enjoining the measure, the error is forfeited, harmless or moot. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Ramirez, Filed On: May 25, 2023, Case #: E077772, Categories: Administrative Law, Government
J. Liu finds the trial court properly convicted defendant for six counts of forcible lewd acts on his nine-year-old cousin and one lesser included offense of attempt, handing down seven separate, consecutive sentences. The relevant California penal code, requiring that a sentencing court impose “full, separate, and consecutive term[s]” for offenses committed on separate occasions complies with the Sixth Amendment. Affirmed.
Court: California Supreme Court, Judge: Liu, Filed On: May 25, 2023, Case #: S271828, Categories: Sentencing, Sex Offender, Child Victims
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to drug possession. However, because he is a predicate felony offender convicted of a drug-related felony, defendant should have been designated a second felony drug offender rather than as a second felony offender on the uniform sentence and commitment form. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 112487, Categories: Drug Offender, Sentencing, Plea
J. Doyle finds that the trial court properly denied defendant's motion for a new trial following his convictions for criminal attempt to commit murder, aggravated battery and aggravated assault. Defendant has not shown that his trial counsel performed deficiently by failing to object to the introduction of evidence that defendant was on probation when he was arrested. Defendant's probation status was necessary to the story of his arrest and to show that he may have tried to conceal clothing evidence of the crime because he knew his home could be searched without a warrant. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 25, 2023, Case #: A23A0396, Categories: Ineffective Assistance, Assault, Battery
J. Fox finds that the lower court properly changed a permanency plan for two children from reunification to adoption. The lower court was presented with enough evidence before the record that it was in the best interest of the children to not return to their parents, including the fact that the parents could not provide adequate housing. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: May 25, 2023, Case #: S-22-0216, Categories: Family Law
J. Williams finds that the lower court properly terminated the parental rights of the mother and the father to the child. Contrary to their arguments on appeal, the evidence sufficiently supports the best interest finding. The mother and father each had a "significant criminal history," and the case manager indicated that termination of their rights would be in the child's best interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 25, 2023, Case #: 11-22-00332-CV, Categories: Civil Procedure, Family Law
J. Davenport finds that the lower court improperly granted the homeowner's motion to vacate the court's prior order directing the county clerk to issue a tax deed to the petitioner. The petitioner properly published notice of the 2016 tax sale in the Herald News, even though it is not published in Crete, Illinois where the homeowner resides. The record established that no newspaper was published in Crete, so the petitioner could properly publish in a county newspaper. Reversed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: May 25, 2023, Case #: 220226, Categories: Civil Procedure, Foreclosure
J. Bennett partially grants an electroacupuncture device manufacturer its motion to dismiss allegations of RICO violations brought by a group of companies who bought the product for use in their businesses. The companies’ owners claim the manufacturer fraudulently sold the device as a nerve stimulator that was billable under Medicare, but this type of fraud is typical and not serious enough to state a claim.
Court: USDC Maryland, Judge: Bennett, Filed On: May 25, 2023, Case #: 1:22cv1732, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Medicare, Racketeering
Per curiam, the Supreme Court of Ohio finds attorney Brent Stobbs will be suspended from the practice of law for 18 months for his representation of a client despite having a conflict of interest, his refusal to admit his wrongful conduct and cooperate with the disciplinary process, and his failure to pay sanctions ordered by a common pleas court. Stobbs also called a witness against him "a liar," but because he had a clean disciplinary record prior to these charges, 12 months of his suspension will be stayed as long as he pays the sanctions within 90 days.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 25, 2023, Case #: 2023-Ohio-1719, Categories: Sanctions, Attorney Discipline
J. Crone finds that consecutive sentences were improperly imposed upon defendant's conviction on 10 counts of invasion of privacy because letters he wrote the victim in violation of a no-contract order had not been threatening in nature. Thus, total jail time should be reduced from 3,000 to 300 days. Reversed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: May 25, 2023, Case #: 22A-CR-2276, Categories: Sentencing, Threats, Restraining Order
J. Xinis partially grants the Screen Actors Guild’s motion to dismiss breach of contract claims brought by a former actor and his wife regarding health care benefits they invested in 40 years ago. The actor argues that because the couple paid into retirement when he was a union member in the 1980s, he has a right to claim them now. However, ERISA, as a federal program, overrides the state-based union benefits and the couple should seek them through ERISA.
Court: USDC Maryland, Judge: Xinis, Filed On: May 25, 2023, Case #: 8:21cv2618, NOS: Other Contract - Contract, Categories: Erisa, Contract
[Consolidated.] J. McShan finds that the lower court properly denied defendant's request to vacate his conviction for assault due to Brady violations. Background information on a forensic scientist who testified for the prosecution should have been disclosed to defendant, but the quality of the scientist's training was not material and did not prejudice defendant. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 25, 2023, Case #: 111627, Categories: Evidence, Assault, Witnesses
J. Flynn finds the juvenile court properly directed defendant to register as a sex offender for committing an act that would constitute a felony sex crime if committed by an adult. “The record permitted the juvenile court to find that [the] youth failed to prove by clear and convincing evidence that he was ‘rehabilitated’ and not ‘a threat to the safety of the public.’” Affirmed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: May 25, 2023, Case #: S069077, Categories: Juvenile Law, Sex Offender
J. Welling finds the trial court properly found in favor of the senior healthcare facility on its breach of contract claim stemming from a defect in the design and installation of air conditioning units. The AC units were inoperable after they were installed. The pretrial order determining the limitation of liability was improperly entered though because the property, located on land zoned as “commercial” or “mixed use” — which constitutes “residential property” — makes it subject to the Homeowner Protection Act. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Welling, Filed On: May 25, 2023, Case #: 21CA0906, Categories: Construction, Product Liability, Contract
J. Newsom finds that the district court improperly found in favor of the insurer in an action brought by the hospitals seeking damages for out-of-network emergency treatment they provided to the insurer's customers. The hospitals allege that the insurer reimbursed them for only 15% of what they had charged. A genuine issue of fact exists as to what the typical provider charges for services in the community where the hospitals' services were rendered to the insureds. Vacated.
Court: 11th Circuit, Judge: Newsom, Filed On: May 25, 2023, Case #: 22-10514, Categories: Health Care, Insurance
J. Palafox finds a lower court ruled correctly in convicting defendant of evading arrest in a motor vehicle. Defendant argued there wasn’t adequate evidence to prove he “intentionally” fled police and that he had merely wanted to get his vehicle back to his house before surrendering, but regardless, defendant “admitted he did not stop when he knew he was lawfully required to do so.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 25, 2023, Case #: 08-22-00176-CR, Categories: Evidence, Resisting Arrest, Vehicle