135 results for 'filedAt:"2023-07-05"'.
J. Lindsey finds the circuit court properly found against the juvenile in his challenge to the constitutionality of a Florida law under which he was charged with delinquency for trespassing within a school safety zone while he was supposed to be serving out a suspension in a remote location and staying 100 feet away from school property during school hours. Because the juvenile was given advance notice that he was violating the relevant law, including through a school resource officer giving him a written trespass warning for the same conduct four days before the same officer arrested him, he does not have standing to dispute whether the law is unconstitutionally vague because it requires someone to have legitimate business on school property without defining what "legitimate business" means. The trial court also did not err in admitting evidence of the juvenile's prior trespass. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: July 5, 2023, Case #: 22-0781, Categories: Education, Juvenile Law
Per curiam, the Ninth Circuit denies an immigrant's petition for rehearing. The Immigration and Nationality Act “clearly and unambiguously” precludes judicial review of expedited removal orders for the "very limited form of habeas corpus review that is inapplicable in this case."
Court: 9th Circuit, Judge: Per curiam, Filed On: July 5, 2023, Case #: 20-71582, Categories: Habeas, Immigration
J. Stephens finds a lower court properly dismissed a police officer's claim for self- defense concerning the shooting death of a civilian, who may have been plotting to steal a luxury car. The police officer argued that the suspect posed a "lethal threat" by operating a vehicle while allegedly armed with weapons. However, the police officer faces gross misconduct allegations for shooting the suspect, who was armed with a "imitation firearm." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stephens, Filed On: July 5, 2023, Case #: 23UKSC24, Categories: Evidence, Wrongful Death
J. Broderick adopts the magistrate's report and recommendation awarding over $14 million to the content administrator that alleges that the software company trafficked products designed to circumvent its encryption technology. Damages were properly calculated by an expert witness. Website traffic evidence was correctly used in determining the award. Evidence used in determining the damages award was properly admitted, as well as being the only evidence proffered.
Court: USDC Southern District of New York, Judge: Broderick , Filed On: July 5, 2023, Case #: 1:14cv1112, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
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J. Peterson finds that the trial court properly convicted defendant of murder. Sufficient evidence was presented to support defendant's convictions and to authorize the trial court to deny defendant's claim for immunity from prosecution based on self-defense. Although the trial court incorrectly prevented defendant's counsel from reading from a jury charge on self-defense, the error was harmless because the trial court later gave the jury an explanation of the law on self-defense during jury instructions. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: July 5, 2023, Case #: S23A0436, Categories: Ineffective Assistance, Murder, Self Defense
J. McConnell finds that defendant was not entitled to a jury trial on the aggravating factors used to sentence him to the middle term after he pleaded guilty to robbery and admitted to a firearm enhancement. The trial court was within its discretion to impose the middle term since the balance of aggravating and mitigating factors made the lower term contrary to the interest of justice. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: July 5, 2023, Case #: D080175, Categories: Robbery, Sentencing, Plea
J. Bokor finds the medical providers are entitled to a writ of mandamus compelling the trial court to enter a final judgment in an action from the Medicaid payer reimbursement firm seeking a pure bill of discovery for information about beneficiaries implanted with the providers' pelvic mesh products. In part because the trial court entered summary judgment against the providers on the sole issue in the case, it was legally required to timely enter a final judgment which the providers could appeal even though they have not yet provided the pure bill of discovery germane to the summary judgment order, and the providers petition for a writ of mandamus is granted.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: July 5, 2023, Case #: 23-0384, Categories: Medicaid, Discovery
J. Gallagher denies a restaurant’s motion to dismiss allegations of race and age discrimination brought by a customer claiming the restaurant refused him service. While the customer, a white man over 50, and his friend waited at the bar for a pick up order, the customer complained the order was taking too long. An argument with staff ensued and a manager said, “You old white people act like you own everything! Get the fuck out of here!” and barred the customer and his friend from coming back. The customer has sufficiently pleaded his claim.
Court: USDC Maryland, Judge: Gallagher, Filed On: July 5, 2023, Case #: 1:22cv3333, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Business Practices
J. Moritz finds that the lower court improperly granted qualified immunity to a police officer after he was sued for following a civilian home, blocking his driveway while shouting at the other person, and drawing his gun, all while out of uniform, off duty and with his child in the front seat. The officer's conduct was clearly "egregious
and unlawful," which is supported by the fact that the officer was later fired for the incident and convicted of assault and child endangerment. However, claims against the then-sheriff were properly tossed, as the civilian waived his challenge to a ruling where his legal counsel agreed to the dismissal. Reversed in part.
Court: 10th Circuit, Judge: Moritz, Filed On: July 5, 2023, Case #: 22-2027, Categories: Civil Rights, Immunity, Police Misconduct
J. Stinson denies Northrop Grumman’s motion for summary judgment in this appeal from the Defense Contract Management Agency’s decision disallowing pension cost reimbursement requests for “pay-as-you-go” pension plans utilizing a formula including the participants’ actual compensation earned, and not excluding compensation in excess of the regulatory cap. The government is not estopped from disallowing challenged costs simply because the Defense Contract Audit Agency did not question the costs in prior audits. Absent affirmative misconduct, DCAA’s prior allowance of an alleged improper indirect cost submission does not constitute a waiver of compliance.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson, Filed On: July 5, 2023, Case #: 62165, Categories: Government, Military, Contract
J. Pfeiffer finds that the lower court properly awarded the wife damages on her petition for conversion against her in-laws following her husband's death. The husband had taken out loans on farming equipment stored at his parent's, but the parents refused to allow the wife to retrieve the equipment. The wife proved that the husband owned the equipment, not her in-laws, and is entitled to punitive damages in addition to the value of the equipment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: July 5, 2023, Case #: WD85395, Categories: Damages, Conversion
J. Sack finds that the district court properly dismissed a petition seeking habeas relief from a state conviction for murder and weapon possession because a claim-by-claim analysis was required to determine compliance with the one-year statute of limitations, rather than finding overall timeliness, since one claim met the filing deadline. Affirmed.
Court: 2nd Circuit, Judge: Sack, Filed On: July 5, 2023, Case #: 21-279-pr, Categories: Criminal Procedure, Habeas