139 results for 'filedAt:"2023-07-21"'.
J. Palafox finds that a lower court properly denied defendant habeas relief and a motion to dismiss in a case involving child sexual abuse. Defendant argues that the victim improperly presented evidence that fell outside of his indictment and that prosecutors "increased charges against him solely because he exercised his lawful rights" by complaining about this, but in fact prosecutors chose to re-indict defendant based on new information. Defendant, rather than moving for a speedy trial, "instead requested a continuance." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: July 21, 2023, Case #: 08-22-00179-CR, Categories: Sex Offender, Speedy Trial, Child Victims
J. Colloton finds that the district court properly sentenced defendant for firearms violations and resisting arrest. Jury instructions are "presumptively valid" and, in this case, resisting arrest had been separated into two offenses. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 21, 2023, Case #: 22-2308, Categories: Resisting Arrest, Jury Instructions
[Consolidated] J. Hoyle finds the trial court properly convicted defendant for sexual assault, tampering with physical evidence, and burglary of a habitation. Representing himself, defendant sought to suppress his warrantless arrest based on a witness's testimony that he saw defendant leave the victim's house, bleeding, and enter a house across the street. The victim, who also had blood on her at the scene, stated that she stabbed defendant during the rape. Officers went to the house across the street to find blood on the door, then properly entered with probable cause after knocking to no response. Officer and forensic interviewer testimony was correctly entered and was not hearsay. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: July 21, 2023, Case #: 12-22-00053-CR, Categories: Evidence, Search, Sex Offender
J. Baker partially grants the city officials' and police officer's motion to dismiss a civil rights, malicious prosecution and false arrest action brought by the individual. The action arose from the individual's DUI and vehicular homicide arrest after he had a seizure while driving. The charges against the individual, which he alleges were based on a fabricated theory that he was driving under the influence of fentanyl, were eventually dismissed due to insufficient evidence. The individual's arrest occurred pursuant to a warrant, therefore false arrest is not a valid claim. However, the individual faced a continuous prosecution sufficient to support a malicious prosecution claim. The officer is not entitled to absolute or qualified immunity. The individual plausibly alleged that the officer violated established law by misrepresenting that the individual's medical records showed he had not been administered fentanyl, resulting in the individual's DUI indictment.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: July 21, 2023, Case #: 4:22cv232, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Ripple finds that the lower court properly convicted defendant of bank robbery and sentenced him to 180 days in prison. The court correctly classified him as a career offender based on his prior conviction for vehicular hijacking. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: July 21, 2023, Case #: 22-1192, Categories: Robbery, Sentencing, Vehicle
J. Mannion grants a policyholder's motion to remand insurance contract claims to Lackawanna County since she properly joined the claims adjuster, who "destroys diversity," based on allegations that he attempted to threaten and harass her during an interview to discourage her from pursuing claims for fire damages to her vehicle.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: July 21, 2023, Case #: 3:23cv247, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Duncan remands this case for the district court to enter a preliminary injunction while it considers the investors' challenge to the Commodity Futures Trading Commission's rescission of its “no-action letter,” which allowed the online political futures market to operate without registering under federal law. The CFTC’s rescission of the no-action letter was an abrupt change, and likely arbitrary and capricious. Reversed and remanded.
Court: 5th Circuit, Judge: Duncan , Filed On: July 21, 2023, Case #: 22-51124, Categories: Securities, Agency, Injunction
Per curiam, a panel of the 11th Circuit finds that the district court properly sentenced defendant to 180 months in prison for being a felon in possession of a firearm and ammunition. Defendant qualified for a sentencing enhancement and the district court correctly sentenced him as an armed career criminal. Defendant's prior conviction for aggravated assault under Florida law qualifies as a violent felony under the Armed Career Criminal Act. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: July 21, 2023, Case #: 21-13249, Categories: Firearms, Sentencing
Per curiam, the Fifth Circuit finds the district court properly denied the widower recovery for her husband’s death under ERISA because of an express exclusion of death or injury incurred as a passenger in the type of aircraft in which he died in a crash. The policy exclusion for death or injury incurred in an aircraft other than as a passenger on a regularly scheduled commercial airline is unambiguous. The widower’s voluntary dismissal of her ERISA cause of action waived any claims related to regulatory deficiencies associated with a 2019 summary plan description, which “is silent regarding discretion to decide claims.” Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 21, 2023, Case #: 22-20516, Categories: Erisa, Insurance, Wrongful Death
J. Hodgens finds that the lower court improperly found against a woman who sued a construction company for negligence after she tripped and fell over a protruding granite block. The lower court determined that the defect was too minor for a negligence claim, but the construction company had plans to correct the defect, which means it was aware of its existence and yet failed to correct it immediately or mark off the area. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: July 21, 2023, Case #: 22-P-716, Categories: Negligence, Premises Liability
J. Lannerd finds that the lower court properly convicted defendant of being an armed habitual criminal. Defendant's requests for jury instructions on self-defense and necessity were properly rejected because there is no evidence in the record to support these defenses. Affirmed.
Court: Illinois Appellate Court, Judge: Lannerd, Filed On: July 21, 2023, Case #: 220381, Categories: Firearms
J. Easterbrook finds that the lower court properly dismissed antitrust claims against the bank stemming from emails encouraging broiler-chicken producers to cut production. The plaintiffs do not allege the bank served as a conduit for chicken producers to act as a cartel, simultaneously cutting production to raise prices, but rather the bank set out to protect its interests - in the loans it issued to producers - through unilateral action. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: July 21, 2023, Case #: 22-1858, Categories: Antitrust, Banking / Lending
J. Neeley finds the trial court improperly awarded the gas supplier damages against the railcar services company without awarding lost profits in this breach of contract suit brought by the railcar services company over agreements for the continued purchases of industrial gasses. The trial court did not award the supplier damages as a lost volume seller, which conflicted with its findings. When a court’s findings conflict with its judgment, the findings control. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: July 21, 2023, Case #: 12-22-00103-CV, Categories: Judiciary, Business Expectancy, Contract
J. Worthen finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Though there were apparent conflicts between defendant's second appointed counsel and himself, "personality conflicts" and disagreements concerning trial strategy are not valid grounds for withdrawal of counsel. No copy of a “grievance” allegedly filed against counsel exists in the record, and the specific allegations cannot be ascertained. The record also does not show that the trial court ruled on any speedy trial motions. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: July 21, 2023, Case #: 12-22-00073-CR, Categories: Assault, Weapons, Speedy Trial
J. Worthen conditionally grants the estate executor's request for a writ of mandamus challenging the trial court's denial of his motion for discovery protection in this suit brought by family members alleging breach of fiduciary duty. The trial court improperly ordered the relator to produce all categories of property, financial accounts and tax documents. The record indicates that the executor produced many documents, and the family members do not explain why they are insufficient. The family member's accountant had not reviewed all documents that were produced at the time of the hearing on the executor's motion.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: July 21, 2023, Case #: 12-23-00138-CV, Categories: Wills / Probate, Fiduciary Duty, Discovery
J. Hoyle grants the divorced father's petition for a writ of habeas corpus, sought on allegations that he has been illegally detained for failure to follow court orders regarding child support and that an order revoking suspension of a contempt sentence violated his due process rights. The court did not hold a hearing before revoking the suspended sentence.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: July 21, 2023, Case #: 12-23-00148-CV, Categories: Family Law, Due Process, Habeas