135 results for 'filedAt:"2023-07-07"'.
J. King finds the district court properly denied defendant’s habeas petition from his state conviction for aggravated sexual assault of a child under the age of six. After the child complained to his mother of pain from defendant’s “[putting] a stick in his bottom,” his pediatrician reported the abuse. Defendant’s argument that expert testimony as to children’s truthfulness, which he says is impermissible, is unconvincing. All evidence supports conviction and it is unlikely that defendant would have been acquitted absent the challenged testimony. Affirmed.
Court: 5th Circuit, Judge: King, Filed On: July 7, 2023, Case #: 21-20579, Categories: Evidence, Sex Offender, Child Victims
J. Raker agrees with the lower court’s decision that the jury should not have received voluntariness instructions in a trial where the court convicted a gun owner of murder. The gun owner, seen shooting a man on a closed circuit camera at a business, was positively identified and all other evidence supports this identification. There was also no evidence that the gun owner had been coerced by police into a false confession. Affirmed.
Court: The Appellate Court of Maryland, Judge: Raker, Filed On: July 7, 2023, Case #: 119248020, Categories: Firearms, Murder, Jury Instructions
J. Sanchez finds that the trial court properly rejected a combined land use and Environmental Quality Act challenge to the approval of a mixed-use housing project. The city had discretion to determine whether the mixed-use project qualified for its "residential village" land use category. The developer was not required to create a new environmental impact report to address traffic, hazardous materials and other issues that were adequately addressed in the original report or by subsequent expert reports. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: July 7, 2023, Case #: G061427, Categories: Environment, Zoning, Housing
J. Freeman dismisses securities claims against AcelRx Pharmaceuticals that alleged the company made misleading claims about the risks and benefits of its opioid drug, Dsuvia. While the company was slapped with a warning by the FDA regarding some of its advertising, there is no proof the company tried to falsify any data or studies to the FDA. The company ultimately complied with FDA regulations and provided its advertising materials for review.
Court: USDC Northern District of California, Judge: Freeman , Filed On: July 7, 2023, Case #: 5:21cv4353, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Selna finds that the district court properly entered summary judgment in favor of law enforcement for the seizure of and use of force against an individual while police were investigating her son for allegations that he planned to commit a school shooting. During the interaction, the Deputies held the individual's arms and used a twist lock to prevent her from leaving. Police also pointed a firearm at another individual and restrained him with handcuffs. The district court found that the Deputies did not use excessive force during the couple’s detention and, even if they had, qualified immunity applied. However, the district court’s erred in granting summary judgment on one individual's Fourth Amendment claims and reinstated his pendent state law claims. Affirmed in part.
Court: 9th Circuit, Judge: Selna , Filed On: July 7, 2023, Case #: 22-15690, Categories: Civil Rights, Immunity, Police Misconduct
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J. Sykes finds that the lower court properly denied defendant's successive habeas petition. Under this year's Supreme Court ruling in Jones v. Hendrix, a defendant cannot bring a statutory claim in a habeas petition via the savings clause. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: July 7, 2023, Case #: 21-1004, Categories: Prisoners' Rights
J. Bushong finds the trial court properly dismissed an individual's lost chance claim before a wrongful death trial. “Plaintiff did not allege a lost chance claim that is cognizable under Oregon law.” Affirmed.
Court: Oregon Supreme Court, Judge: Bushing, Filed On: July 7, 2023, Case #: S069760, Categories: Wrongful Death
J. Watts concurs with the intermediate court’s decision that a computer owner’s Fourth Amendment rights were not violated by the U.S. Army Criminal Investigation Command when it searched a copy of his hard drive after seizing it for suspected child pornography. The owner’s right to privacy had not been violated because the Army did not examine the hard drive copy contents. However, the Army had searched the hard drive without a warrant after the owner’s revocation. Though less invasive than an examination, the search is considered unreasonable based on the revocation. Affirmed.
Court: Supreme Court of Maryland, Judge: Watts, Filed On: July 7, 2023, Case #: C-02-CR-21-000487, Categories: Constitution, Search, Child Pornography
J. Cassel finds the trial court properly convicted and sentenced defendant for unspecified felony and misdemeanor offenses. Though defendant claims she was not advised as to the terms of her post-release supervision, the record shows that she was advised by the court and that her attorney received the sentencing order with certificate of service. That the order was unsigned amounts to nonprejudicial, plain error. Defendant also fails to allege any specific deficient performance by counsel. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: July 7, 2023, Case #: S-22-864, Categories: Ineffective Assistance, Sentencing
J. Barbador denies both parties’ motions for summary judgment in a case where real estate developers are suing a town for violation of the Fair Housing Act by placing a year-long moratorium on issuing new building permits and approving new site plans, as well as adopting an ordinance that limits new residential construction, directly following the real estate developers’ proposal to develop affordable housing. The town’s claims that the developers failed to submit a formal site plan and that their proposed project fails to comply with an ordinance that has nothing to do with the moratorium they enacted fail to stand up under scrutiny because both claims relate to the specific development plan that was rejected rather than the proposed development and its goals.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: July 7, 2023, Case #: 1:21cv770, NOS: Housing/Accommodations - Civil Rights, Categories: Real Estate, Zoning, Housing
J. Saylor grants a stadium owner’s motion for summary judgment against a spectator who fell at the stadium after slipping on a drink spilled by another spectator. Massachusetts doesn’t require cups to be sold with spill-proof lids even in situations where consumers carry their own drinks while traveling from concession stands to their seats, so it is outside of this court’s jurisdiction to determine that the stadium owner was liable. Because the fall occurred only a few seconds after a drink fell, the stadium owner and its contractors were not at fault for failing to remove the spill in time because they didn’t have enough notice of the spill.
Court: USDC Massachusetts, Judge: Saylor, Filed On: July 7, 2023, Case #: 1:21cv10910, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction, Premises Liability