139 results for 'filedAt:"2023-06-16"'.
J. Miller-Lerman finds the district court properly denied the inmate’s petition for a writ of habeas corpus. Defendant, who was 17 at the time of his conviction, was convicted for other felonies while in prison and was also granted postconviction relief on his murder sentence from then-recent case law holding that mandatory life sentences without parole for juveniles are unconstitutional. He filed for the habeas writ, asserting that he had reached his mandatory discharge date in 2022. With all sentences aggregated, and applying the good time law in effect when the first of the sentences became final, the court correctly found that the claim failed to show entitlement to immediate discharge. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 16, 2023, Case #: S-22-605, Categories: Habeas, Juvenile Law, Murder
J. King dismisses without prejudice the Chilean corporation's claim that the private company delayed applying for renewal of permission to use the private company's Parasite S product. The contract's forum selection clause warrants dismissal because the private company promptly raised the issue in its motion to dismiss the lawsuit, and the Whatcom County, Washington court is sufficient to hear this case because the parties previously agreed to litigate there.
Court: USDC Western District of Washington, Judge: King, Filed On: June 16, 2023, Case #: 2:23cv693, NOS: Other Contract - Contract, Categories: Venue, Contract
[Modified.] J. Ramirez alters several sentences in a previously published opinion with no change in judgment. 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.
Court: California Courts Of Appeal, Judge: Ramirez, Filed On: June 16, 2023, Case #: E077772, Categories: Administrative Law, Government
J. Doyle finds that the trial court improperly upheld the final administrative decision from the Board of Review of the Department of Labor finding that the individual failed to show good cause to reopen an administrative hearing on her claim for unemployment benefits. The administrative hearing officer incorrectly analyzed the motion to reopen and based its decision on the individual's failure to request a postponement before the hearing due to her daughter's hospitalization. The hearing officer incorrectly found that the individual failed to show providential cause to reopen the hearing. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 16, 2023, Case #: A23A0472, Categories: Administrative Law
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Per curiam, the Iowa Supreme Court answers certified questions stemming from an incident in which a federal prison inmate was assaulted by another inmate by holding that a direct cause of action does not exist under the state constitution for an alleged failure to protect an inmate from assault by another inmate.
Court: Iowa Court Of Appeals, Judge: Per curiam, Filed On: June 16, 2023, Case #: 22-1727, Categories: Constitution, Prisoners' Rights
J. Herrera mostly declines to dismiss a civil rights case brought on behalf of a deceased prisoner alleging that healthcare and prison officials were “deliberately indifferent to and recklessly ignored” the medical condition of the deceased man, allegedly ultimately leading to his death. While much of this case can survive, the warden and a top health official should be given qualified immunity on claims that they allegedly made the call to remove the deceased man from life support, because there is not adequate evidence that the two officials personally made this decision and even if they did, they were operating based on the “unanimous medical consensus” of other officials and did not go beyond their official discretion, even if it went against the wishes of the deceased man’s family.
Court: USDC New Mexico, Judge: Herrera, Filed On: June 16, 2023, Case #: 1:22cv20, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Wrongful Death
J. Jackson denies, in part, the correctional parties' dismissal motion in this civil rights action stemming from an inmate's death, after his medical care was allegedly delayed for a week. The estate plausibly alleges its claim for deliberate indifference.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: June 16, 2023, Case #: 6:23cv103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages
J. Waterman finds that the lower court properly denied the state's motion to dissolve a permanent injunction barring enforcement of the “fetal heartbeat” provision of state code chapter 146C, which would prohibit most abortions at six weeks. The state attempted to judicially revive a statute declared unconstitutional in a final judgment that had not been appealed after four years and now wishes to bypass the legislature. Since the court is deadlocked 3-3, the injunction stands. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: June 16, 2023, Case #: 22-2036, Categories: Civil Procedure, Constitution
Per curiam, the supreme court finds the ex-husband has not met his burden to force the lower court to issue rulings on motions he filed in a lawsuit involving partition of a property he and his now deceased ex-wife jointly owned as a couple before their marriage was dissolved. The lower court acted within its authority when it ruled in April 2023 that it would not make any further rulings in the case until a representative was appointed for the deceased ex-wife, whose death the ex-husband added to the record against court procedures in February 2023 with a phone call to chambers and a filed copy of the death certificate. The ex-husband also has not shown he has a "clear and indisputable" right to an order advancing his case on an expedited calendar based on the argument that, at 89 years old, he is entitled to advancement under part of the Virgin Islands Code granting litigants the right to petition for that preference if they are over 70, as the constitutionality of the mandatory elderly preference has been called into question and may well present due process, equal protection and separation of powers issues. The ex-husband's mandamus petition is denied.
Court: Virgin Islands Supreme Court, Judge: Per curiam, Filed On: June 16, 2023, Case #: 2023 VI 9, Categories: Civil Procedure, Constitution, Property
J. Woods partially grants both parties' motions for summary judgment in a contract dispute over the parties' respective rights in the "Fearless Girl" statue unveiled in 2017 facing down the Charging Bull statue on Wall Street. The sculptor has submitted sufficient evidence that a jury could find she lost sales due to the financial firm's refusal to allow additional use of the image she created, due to its desire to align the image with a commitment to increasing gender diversity in corporate leadership rather than a broad connection with gender diversity goals. Further, she did not violate the contract by selling a replica to a Norwegian company. However, the sculptor may be liable for attorneys fees in connection with litigation in Australia between the parties.
Court: USDC Southern District of New York, Judge: Woods, Filed On: June 16, 2023, Case #: 1:19cv1719, NOS: Other Contract - Contract, Categories: Contract
J. Guaderrama mostly declines to dismiss a massive civil rights lawsuit brought against Texas Governor Greg Abbott and other state officials and entities over new the latest round of Texas legislative redistricting, which civil rights groups allege violate the Voting Rights Act and the constitution. Nonetheless, there are some deficiencies involving aspects of the civil rights groups’ case — among them, Gingles claims involving state house district 31, a majority Latino district in South Texas where the longtime Latino state representative, Ryan Guillen, recently switched to the Republican Party. The civil rights groups must allege that either “Guillen will win the general election but that he is not the Latino candidate of choice” or that “if Guillen is the Latino candidate of choice, he will lose the general election due to Anglo bloc voting,” neither of which they have successfully shown.
Court: USDC Western District of Texas , Judge: Guadderama, Filed On: June 16, 2023, Case #: 3:21cv259, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
J. Jay finds the trial court properly denied defendant's motion to suppress statements he made to detectives after he was arrested a day after he fired multiple shots at an occupied car. In part because the detectives told defendant during his interview that he was not yet under arrest and the interview could end if he wanted to wait until a lawyer was present, then twice confirmed with him that he wanted to continue the interview despite not having a lawyer, his argument to suppress based on a violation of his right to counsel fails. Defendant's other argument that the SWAT officer who arrested him under a warrant violated Florida law by not telling him specifically why he was under arrest also fails, as the officer substantially complied with the law despite not informing defendant right away of the cause of his arrest. Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: June 16, 2023, Case #: 23-0011, Categories: Evidence, Firearms, Murder
[Consolidated] J. Lambert finds that, under Florida Supreme Court precedent, the trial court should have granted defendant credit for time he spent on probation in two of his three consolidated third-degree felony cases when it sentenced him to 24 months of drug offender probation in addition to a 30-month split sentence after revoking his probation. The trial court's judgments in the two cases are reversed, and the cases are remanded to calculate the exact amount of probation credit defendant should be awarded. The revocation of community control in defendant's third felony case is upheld, as he was not on concurrent probation for that case when his split sentence was handed down. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: June 16, 2023, Case #: 22-2761, Categories: Drug Offender, Probation, Sentencing
J. Tucker finds the trial court erroneously found the biological father's incarceration was a "justifiable cause" for his failure to provide financial support to the child. Evidence indicates he failed to provide any kind of support for nearly four years prior to the stepfather's petition for adoption, even though he was only incarcerated a year prior to the petition. Therefore, his consent was not required for the adoption and the case will be remanded to allow the trial court to consider whether adoption is in the best interests of the child. Reversed.
Court: Ohio Court Of Appeals, Judge: Tucker, Filed On: June 16, 2023, Case #: 2023-Ohio-1999, Categories: Civil Procedure, Evidence, Family Law
J. Hamilton finds that the lower court properly convicted defendant on charges of sex-trafficking a minor after denying his motion to suppress incriminating statements he made to police. Further, he was not entitled to a jury instruction limiting the use of voicemails in which he threatened the victim and her family. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: June 16, 2023, Case #: 21-2811, Categories: Evidence, Sex Offender, Jury Instructions
J. Blacklock finds the court of appeals improperly ruled in favor of the family of a motorist who was killed in a multi-car pile-up caused by a truck driver. After a jury awarded the family over $15 million in noneconomic damages, the truck driver petitioned for judicial review, arguing that the evidence failed to support the amount of damages. The family failed to justify that they experienced the amount awarded to them based on the evidence of the case. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: June 16, 2023, Case #: 21-0017, Categories: Evidence, Tort, Wrongful Death