143 results for 'filedAt:"2023-11-22"'.
J. Lindsey finds the trial court did not err in convicting and sentencing defendant for petty theft for breaking into a former romantic partner's apartment and stealing her phone, wallet and medications by force. There was no reversible error in the trial court's instructions that did not require the jury to unanimously conclude whether defendant stole the victim's purse, wallet or both, as the theft of the purse or the wallet are alternative means of committing a single offense, in this case a petty theft that occurred in a single interaction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: November 22, 2023, Case #: 22-1903, Categories: Jury, Theft
J. Brown finds the lower court properly granted the city's motion to dismiss wrongful death claims filed by the family of the girl killed when she was struck by a vehicle while streetlights were not working. The family's lawsuit against the driver of the vehicle precluded any additional suits under Colorado's Wrongful Death Act. The Act allows for one civil action to recover damages for the wrongful death of an individual, and while the family settled and dismissed the suit against the driver, that settlement resulted in damages for the actions that led to the girl's death and, therefore, constituted a civil action. Affirmed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: November 22, 2023, Case #: 2023COA111, Categories: Civil Procedure, Wrongful Death
J. Ceresia finds that the lower court properly granted a mother's request to modify a prior order to name her primary caregiver for her son. The father had been the custodial parent, but he failed to contact the child for a year after the mother left a domestic violence shelter. Meanwhile, the decision served the child's best interests. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 22, 2023, Case #: 534665, Categories: Family Law
J. Thompson vacates an order of mandated in patient commitment of an 80-year-old woman who has been diagnosed with schizoaffective disorder, bipolar type. The lower court failed to wait for information about her possible neurological condition before ruling, and also failed to consider less restrictive alternatives. Vacated in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: November 22, 2023, Case #: 22-FM-0498, Categories: Commitment
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. Crouse finds that while the trial court should not have allowed the patient's counsel to refer to the spine surgeon's license revocation in a medical malpractice case, the error was harmless. Licensing was mentioned only twice and had no prejudicial effect given the overwhelming evidence against the surgeon. Meanwhile, the court properly awarded future damages based on competent evidence from an expert witness who testified the patient would need specific and specialized spinal care for the rest of his life. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: November 22, 2023, Case #: 2023-Ohio-4195, Categories: Evidence, Damages, Medical Malpractice
J. Mitchell finds that the lower court abused its discretion in ordering the sale of the marital residence during the pendency of this divorce action. The sale of a marital asset prior to final dissolution is appropriate only in extraordinary circumstances, and was unnecessary in the circumstances of this case. Reversed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: November 22, 2023, Case #: 221763, Categories: Family Law
J. Aarons finds that the lower court improperly convicted defendant based on her guilty plea to promoting prison contraband and possessing a controlled substance for bringing drugs into a correctional facility as a visitor. Due to the multiple levels of security that visitors go through, defendant was in a "custodial setting" and thus should have received a Miranda warning before being questioned about whether she possessed any drugs that would draw a canine's notice. Meanwhile, statements she made after receiving Miranda warnings should have been suppressed as well. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 22, 2023, Case #: 112256, Categories: Miranda
J. Thompson upholds defendant's consecutive 36-month sentences for his guilty pleas to two counts of burglary. The superior court properly determined his motion for a reduced sentence was untimely filed 120 days after his sentence was imposed. Affirmed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: November 22, 2023, Case #: 22-CO-0783 , Categories: Burglary, Sentencing
J. Fernandez finds, in responding to the the son's motion for clarification, the probate court improperly denied the son's third amended motion for satisfaction of claim in his deceased mother's probate case. The probate court's "faulty reasoning" in denying the son's motion fails, in part because its rationale for denying the motion based on the dismissal without prejudice of a related civil case over title to four properties is not supported by the law, as such a dismissal does not bar the son's probate claim over the same issue. Reversed.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: November 22, 2023, Case #: 22-1039, Categories: Property, Wills / Probate
J. Larsen finds the lower court properly dismissed a labor lawsuit filed in 2020 as untimely. The labor union's failure to pursue a 2015 grievance filed by autoworkers after their jobs were relocated started the 6-month statute of limitations clock on the claims. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: November 22, 2023, Case #: 22-1383, Categories: Civil Procedure, Labor / Unions
J. Vaidik finds a lower court ruled correctly in convicting defendant on domestic abuse charges in an appeal concerning rules on jury instructions on “unanimity.” Despite defendant’s assertions to the contrary, a “special unanimity instruction” was not required in this case because the violence he was charged with was “part of one continuous episode” rather than discrete acts that the jury needed to evaluate separately. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: November 22, 2023, Case #: 23A-CR-1340, Categories: Assault, Domestic Violence, Jury Instructions
J. Brann dismisses certain employment discrimination claims contending a 49-year-old family medicine resident had been subjected to a non-consensual neuropsychological evaluation and denied transfer to the Guthrie/Robert Packer Hospital's anesthesiology program in retaliation for requesting adaptive learning materials for attention deficit disorder. The resident failed to prove the hospital intended to cause emotional damage or that the hospital had been contractually obligated to grant the transfer.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: November 22, 2023, Case #: 4:23cv1136, NOS: Employment - Civil Rights, Categories: Employment, Emotional Distress, Contract
J. Mize finds the trial court properly granted defendant’s motion to correct a sentencing error by denying a motion to suppress evidence and improperly imposed probation fees. The court did not orally pronounce a probation cost per month at the time of sentencing. Therefore, this portion of the sentence shall be remanded to impose the correct probation cost per month. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: November 22, 2023, Case #: 6D23-1246, Categories: Probation, Sentencing
J. Garry finds that the lower court improperly convicted defendant of aggravated vehicular homicide, vehicular manslaughter, driving while intoxicated, and leaving the scene of an accident because the prosecution failed to disclose questions an expert raised concerning accident reconstruction methods. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: November 22, 2023, Case #: 112507, Categories: Evidence, Vehicular Homicide, Experts
J. Collins grants the plaintiff company's motion for damages upon the entry of default judgment against the German equipment seller in the amount of $988,000 plus $57,000 in sanctions for intentional misconduct.
Court: USDC Eastern District of Missouri, Judge: Collins, Filed On: November 22, 2023, Case #: 4:20cv359, NOS: Other Contract - Contract, Categories: Sanctions, Damages, Contract
J. Land partially denies in part the GBI agent's and the forensic analyst's motion to dismiss a civil rights action brought by an individual after he was exonerated of crimes including rape and assault for which he was imprisoned for nearly four decades. The individual alleges that his convictions arose from police misconduct including destruction of evidence and fabrication of inculpatory evidence. The GBI agents' and investigators' motion to dismiss the individual's claims for fabrication and concealment of evidence, conspiracy, malicious prosecution and right of access to courts is denied. The city's motion to dismiss is denied. The individual's proposed state law claims against the deceased officials' personal representatives are barred.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: November 22, 2023, Case #: 4:23cv32, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Garry finds that the lower court properly granted a mother modification of an order that provided the father a week on/week off care arrangement to award her full custody of their son. The father objected to therapeutic visitation imposed after the boy refused to return to him even though the record established that unsupervised time with the father caused the child "significant distress." Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: November 22, 2023, Case #: CV-22-1953, Categories: Family Law
J. Clark finds that the lower court properly terminated a mother's parental rights for permanent neglect because the mother's commitment to gaining parental skills was intermittent, and the child had been placed in foster care with parties ready and willing to adopt him and serve his needs as required by his autism. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 22, 2023, Case #: 535509, Categories: Family Law
Per curiam, the Supreme Court of Ohio grants the inmate's petition for a writ of mandamus to compel production of a prison kite sent to the prison cashier because the kite is a public record under Ohio law following this court's ruling in Mobley v. Dept. of Rehabilitation and Correction. However, because the Mobley opinion had not been issued at the time the inmate made his initial request, the department's refusal was made in good faith and the inmate is not entitled to statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 22, 2023, Case #: 2023-Ohio-4183, Categories: Public Record, Damages
J. Fisher finds that the lower court improperly denied defendant resentencing as a domestic violence victim after she pleaded guilty to manslaughter stemming from the death of her paramour. Defendant did not need to demonstrate abuse had been occurring at the time she stabbed her boyfriend, as evidence indicated she had endured years of ongoing physical and psychological abuse. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: November 22, 2023, Case #: 113662, Categories: Sentencing, Domestic Violence, Manslaughter