138 results for 'filedAt:"2023-11-14"'.
J. Leland finds the lower court erroneously granted the parole board's motion to dismiss due process claims filed by the inmates who were denied parole following a full board hearing. There is no blanket policy under Ohio law that requires victim statements be kept confidential prior to such a hearing; therefore, the inmates' due process rights to a full parole hearing were violated when the board refused to disclose victim letters and thereby prevented them from presenting a complete case based on an accurate record. Reversed.
Court: Ohio Court Of Appeals, Judge: Leland, Filed On: November 14, 2023, Case #: 2023-Ohio-4104, Categories: Parole, Due Process
J. Emfinger finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of burglary of a dwelling and conspiracy to commit burglary of a dwelling for his role in entering a home, stealing a laptop computer and taking beer from the refrigerator. Evidence is sufficient to support his convictions and sentence of 20 years for the burglary conviction with 15 years to serve, five suspended, five years of post-release supervision, and five years for the conspiracy conviction. While defendant argues the jury was not instructed on possible lesser offenses, the instant court finds that even if it were an error, it would not have impacted the trial outcome, as the evidence of defendant’s guilt was overwhelming. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: November 14, 2023, Case #: 2022-KA-00598-COA, Categories: Burglary, Fair Trial, Jury Instructions
J. Bassett affirms a court order determining a mother neglected her son. Even while the mother was not her son’s legal guardian, but a guardianship does not absolve a parent of all parental responsibilities. When her son’s guardian failed to provide safe shelter for her son, the mother had a parental duty to do so.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: November 14, 2023, Case #: 2022-0533, Categories: Family Law, Guardianship
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J. Gwin finds defendant's drug trafficking conviction was supported by sufficient evidence despite the lack of an overt act. More than 11 grams of methamphetamine was found in defendant's bedroom, while a scale and plastic baggies were also recovered, all of which was circumstantial evidence indicating defendant intended to distribute the drugs. Furthermore, the trial court properly denied defendant's motion to suppress because police had three active warrants against him and his grandmother let them into the house when they executed the warrants. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: November 14, 2023, Case #: 2023-Ohio-4099, Categories: Drug Offender, Evidence, Search
J. Samour finds the lower court properly granted the father's motion for an in-camera inspection of certain requested discovery documents. The log provided by the county contained little-to-no detail about the contents of the documents, which prevented the court from adequately analyzing its claim of attorney-client privilege. Affirmed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: November 14, 2023, Case #: 2023CO57, Categories: Family Law, Discovery, Privilege
J. Doughty grants summary judgment to a city police chief and dismisses due process claims by a detective fired for repeatedly lying during an internal probe into whether he intentionally delayed reporting a police brutality criminal investigation to influence the outcome of the city mayoral election. The fired detective cannot establish any acts by the police chief that can be classified as arbitrary and capricious, and, therefore, his due process claim is dismissed.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 14, 2023, Case #: 3:22cv828, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. Donovan affirms the defendant’s convictions for being a felon in possession of a deadly weapon and for attempted murder. The trial court did not err by admitting evidence of the defendant’s prior convictions or by not disclosing some of the victim’s mental health records, but the defendant’s prior convictions do not fall within the 10-year limitation his defense claims and none of the undisclosed mental health records could plausibly have changed the outcome of the trial.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: November 14, 2023, Case #: 2022-0106, Categories: Evidence, Murder, Weapons
J. Doughty denies a request by the Postmaster General to dismiss a claim by a white female employee that she was fired in retaliation for filing a race-based discrimination complaint with the E.E.O.C. Although the local postmaster has clearly articulated legitimate, non-discriminatory reasons for termination of the 26-year postal veteran from a temporary position related to the COVID-19 pandemic, it can be inferred from the “slightly ambiguous” record that her termination and the filing of her E.E.O.C. complaint were within a few days of each other. Therefore, a genuine issue of material fact exists regarding the retaliation claim.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 14, 2023, Case #: 3:21cv3882, NOS: Employment - Civil Rights, Categories: Evidence, Covid-19, Employment Retaliation
J. Viramontes finds that an employee failed to present sufficient evidence that he was fired due to a discriminatory or hostile work environment. His employer supported the termination with evidence that the employee's own conduct was intimidating and that he was unable to perform his job competently. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: November 14, 2023, Case #: B303509, Categories: Employment
J. Hood finds the appeals court erroneously overturned the jury's verdict in favor of the rescuer. Although the assailant's theft of the cab and subsequent vehicular assault may have seemed unusual, it was within the scope of foreseeability and part of a single course of conduct that rendered the cab company liable for the rescuer's injuries.
Court: Colorado Supreme Court, Judge: Hood, Filed On: November 14, 2023, Case #: 2023CO56, Categories: Tort, Negligence
J. Chung finds that the lower court properly imposed a condition of supervision on defendant stemming from his rape conviction. The condition prohibits defendant from having access to sexually explicit material, which defendant claims is too vague. His claims fail due to the fact that the condition has been held up repeatedly by courts in the past and is directly related to the goal of rehabilitating defendant. Affirmed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: November 14, 2023, Case #: 84443-1-I, Categories: Sentencing, Sex Offender
J. Cogan issues a declaration that states a paving subcontractor’s insurance provider is legally obligated to defend and indemnify a general contractor in an underlying state court personal injury claim stemming from repair work performed on a section of NYC roadway. Coverage is triggered even though it has not yet been determined if the subcontractor’s work was the source of the accident.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: November 14, 2023, Case #: 1:22cv6032, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Greenlee finds the lower court properly convicted defendant of first-degree murder and shooting a firearm into a vehicle. Defendant shot a gun in a convenience store parking lot, killing a man sitting in the back seat of another car. Surveillance video captured the incident. Evidence is sufficient to support her convictions and sentence of life imprisonment with eligibility for parole, with five concurrent years suspended and three years post-release supervision. Defendant’s claim the jury was improperly instructed is without merit as the lower court judge excluded the lesser charge of second-degree murder, but the defendant failed to object, thereby waiving her right to later argue the issue. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Greenlee, Filed On: November 14, 2023, Case #: 2022-KA-00446-COA, Categories: Evidence, Murder, Jury Instructions