194 results for 'filedAt:"2024-01-31"'.
J. Pedersen conditionally grants the streaming providers' mandamus petition, in which they challenge the denial of their Rule 91a dismissal motion in the underlying lawsuit brought under the Texas Public Utility Regulatory Act. The statute is "limited to disputes about compensation from franchise fees," and there is no dispute that the streaming providers are not franchise holders. Accordingly, the lower court abused its discretion, and the relators are entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: January 31, 2024, Case #: 05-23-00485-CV, Categories: Civil Procedure, Communications, Government
J. Mooney finds the trial court properly ruled that the state’s title to the disputed strip of land on Hayden Island is superior to that of Thunderbird Hotel. “The state established that it has a substantial claim to the disputed property.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: January 31, 2024, Case #: A178088, Categories: Property
J. Aoyagi finds the trial court properly denied defendant’s motion to set aside his harassment conviction because defendant’s failure to complete sex offender treatment made him a threat to public safety. “Having asserted the right to a hearing and received a hearing, defendant cannot now claim that it was error to hold a hearing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 31, 2024, Case #: A179424, Categories: Sex Offender, Child Victims, Harassment
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J. Theofanis finds that the district court properly ruled not to appoint a father as one of his child's managing conservators. The decision was made in the child's best interest and is backed up by facts provided by the Texas Department of Family and Protective Services. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 31, 2024, Case #: 03-23-00745-CV, Categories: Family Law
J. Africk grants an insurance company’s request to dismiss a policyholder’s state law unfair trade practices claim related to the insurer’s allegedly insufficient coverage of his hurricane damages property. The policyholder’s trade practices suit is explicitly exempted by Louisiana law, while unfair trade practices in the insurance industry are unquestionably under the jurisdiction of the state insurance commissioner. Further, the Fifth Circuit has held state law does not provide a private cause of action against an insurer for unfair trade practices.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: January 31, 2024, Case #: 2:23cv6152, NOS: Insurance - Contract, Categories: Insurance, Damages, Jurisdiction
J. Windhorst finds that the trial court properly dismissed a patron's slip and fall claim against a store. The patron did not show that he properly e-filed his petition within the prescriptive period. The email that the patron admitted to establish the filing does not reference a specific case or the type of pleading. Further, there is no evidence from the clerk of court showing any record of an e-filing or attempted e-filing regarding this case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: January 31, 2024, Case #: 23-CA-189, Categories: Civil Procedure, Evidence, Tort
J. Sack finds that the district court properly dismissed a college student's claims contending internal disciplinary proceedings into sexual assault allegations contained an anti-male bias because evidence did not indicate the university discriminated against the student by making erroneous disciplinary findings based solely on his gender, or by more vigorously investigating co-eds' assault claims while ignoring his own complaint that he had been defamed in one of the co-eds' anonymous tweets. Affirmed.
Court: 2nd Circuit, Judge: Sack, Filed On: January 31, 2024, Case #: 21-1125, Categories: Civil Rights, Education
J. Mathias finds that the trial court improperly held defendant in jail for 630 days without holding a hearing on whether he violated parole based on the false idea that he was being held for parole violations and new criminal charges. Defendant was entitled to a determination as to whether his delay was unlawful and whether allegations that he violated parole should be dismissed. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: January 31, 2024, Case #: 23A-MI-1053, Categories: Criminal Procedure, Parole
J. Miller finds that the trial court abused its discretion when it dismissed defendant's prior strike conviction during sentencing for a home invasion robbery. Nothing extraordinary about defendant's circumstances or background show he is outside the spirit of the three strikes law and remoteness alone is not enough to dismiss a prior strike. Reversed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: January 31, 2024, Case #: A168286, Categories: Robbery, Sentencing
J. Kyzar finds that defendant was properly convicted of second degree murder and given a life sentence stemming from her role in the shooting death of a victim found along a riverbank in a park. There was sufficient evidence of defendant's involvement in the robbery, kidnapping and murder of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: January 31, 2024, Case #: KA-23-350, Categories: Evidence, Murder, Robbery
J. Lauber finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer failed to report all gross income.
Court: U.S. Tax Court, Judge: Lauber, Filed On: January 31, 2024, Case #: 2024-11, Categories: Tax
[Consolidated.] J. Ashford finds for the commissioner of internal revenue in this tax liability dispute since evidence supports the finding of substantial underpayment of taxes, and the liability is upheld along with accuracy related penalties.
Court: U.S. Tax Court, Judge: Ashford, Filed On: January 31, 2024, Case #: 2024-12, Categories: Tax
J. Wright finds the trial court properly denied defendant's motion for post-conviction DNA testing. Convicted of capital murder, defendant says a DNA testing technology that was unavailable during his trial may have shown exculpatory results. He challenges the state's use of a dog scent lineup, which established his scent on the deceased infant's clothing, citing a Texas Monthly article to support his claim such a lineup is “Junk Voo Doo Science.” He presents no new DNA evidence to be tested. In addition to the “dog-sniff” evidence, the jury also used eye-witness testimony and circumstantial evidence. Any new DNA evidence would not overturn the conviction by a preponderance of evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-21-00304-CR, Categories: Dna, Murder, Child Victims
J. Wright finds the trial court properly excluded evidence in its conviction of defendant for aggravated sexual assault. Defendant was arrested after his wife's younger sister accused him of an assault that occurred during a family gathering. The court excluded a TikTok video made by the victim but allowed defendant to ask about the video. Witness testimony was also admitted that challenged the victim's credibility in the same way defendant says the video would challenge her credibility. There is no harm in excluding evidence if the same or similar evidence was elicited from another source. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-21-00409-CR, Categories: Evidence, Sex Offender
J. Wright finds the trial court properly convicted defendant for money laundering following a traffic stop, during which the officer observed marijuana residue in defendant's vehicle and found drugs and $93,000 in cash. The trial court denied defendant's motion to set bail pending the resolution of his appeal. Because of the nature of the offense, and defendant's arrests before and after his arrest here, the trial court reasonably found he would likely commit another offense and properly denied bail. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-23-00115-CR, Categories: Drug Offender, Bail, Money Laundering
[Consolidated] J. Wright finds the trial court properly convicted defendant for sexual assault of a child and continuous sexual abuse of a young child. Officers investigated defendant after receiving an anonymous report he was living with two underage girls. Police discovered he had been engaged in sexual a relationship with a14-year-old, and with a 16-year-old who was pregnant with his child. Defendant represented himself at trial and claimed the girls lied about their ages. The victims did not testify at trial and defendant had no right to confrontation. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-23-00117-CR, Categories: Sex Offender, Due Process, Child Victims
J. Hixson finds the county court properly terminated the father's parental rights to his minor son. After the child was removed from the mother, the putative father was identified as the same individual previously found in a hotel room with the mother and child during an investigation that yielded boxes of stolen property, meth and drug paraphernalia, all found to be accessible to the child. The child was also treated for burn injuries, the father's explanation for which was inconsistent with the injuries themselves. Ample evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 31, 2024, Case #: CV-23-578, Categories: Evidence, Family Law, Guardianship
J. Bokor finds the trial court properly convicted defendant of sexual battery in his case involving sexual acts committed with a woman he met at the bar after giving her cocaine and to whom he offered money. The trial court did not err in excluding some of the victim's cell phone records defendant claims would have shown inconsistent statements and impeached her testimony, although it should have allowed some verbatim text messages in which the victim admitted to using cocaine to impeach her testimony that she did not remember using cocaine with defendant. Because the exclusion of most of the records was harmless, defendant's conviction stands. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 31, 2024, Case #: 22-1244, Categories: Evidence, Sex Offender