131 results for 'filedAt:"2024-02-05"'.
[Consolidated.] J. Waldick finds the trial court's participation in plea negotiations did not render defendant's pleas involuntary. Ohio law allows for some judiciary participation at the state court level. Furthermore, there is no evidence of coercion on the part of the court, which made sure defendant was satisfied with both negotiations and the final plea deals before they were accepted. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: February 5, 2024, Case #: 2024-Ohio-392, Categories: Judiciary, Plea
J. Groban finds that the state failed to give defendant fair notice it would ask for an enhanced One Strike 25-years-to-life sentence for a sex offense count. The express pleading requirement of the One Strike law entitled him to know the specific facts the prosecution would rely on to support a sentencing enhancement. Late notification that the victim's young age would support the enhancement violated his due process rights, so the trial court must resentence him to 15 years to life. Reversed.
Court: California Supreme Court, Judge: Groban, Filed On: February 5, 2024, Case #: S258376, Categories: Sentencing, Sex Offender, Due Process
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J. Jackson grants a request by the Army Corps of Engineers to dismiss landowners' claims seeking to reverse its denial of a retroactive permit for their recreational pond, arguing its reforestation plan would cost them $1 million to implement. The district court lacks jurisdiction, as the federal government cannot be sued under state law absent an unequivocally expressed waiver of sovereign immunity.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 5, 2024, Case #: 3:21cv478, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Property, Immunity
J. Goethals holds that the trial court improperly awarded a business $180,000 in costs after rejecting employment claims from a person it determined was an independent contractor, not an employee. The business filed a motion for attorney fees, which was denied, but failed to file a requisite motion for costs. Reversed.
Court: California Courts Of Appeal, Judge: Goethals, Filed On: February 5, 2024, Case #: G061425, Categories: Employment, Attorney Fees
[Consolidated.] J. Brown finds that the trial court should not have denied an original property owner's petition to annul the quitclaim deed on grounds of fraud and ill practice. In this case, there is no dispute that the signature of the original owner's mother affixed to the quitclaim deed was a forgery. Since the owner alleged that the quitclaim deed that purported to transfer the property to the person who transferred it the new deed holder was a forgery and not in authentic form, the deed holder could not attain any rights to the property by virtue of the recorded quitclaim deed. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: February 5, 2024, Case #: 2023-CA-0460, Categories: Property, Contract
J. Herman finds that defendant was properly convicted of the first-degree murder of his stepfather and did not show that he acted in self-defense. The evidence supports that the victim did not have a weapon and was engaged in a verbal argument until defendant armed himself with a gun. Further, the autopsy report showed that the victim was also hit hard with a shovel as well as being shot in the chest. Also, there was no evidence that a physical altercation occurred at the murder scene. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: February 5, 2024, Case #: 2023-KA-0386, Categories: Evidence, Murder
J. Rosenbaum finds that the district court improperly ruled that the Federal Insecticide, Fungicide, and Rodenticide Act preempted the consumer's failure-to-warn claim regarding packaging or labeling of the weedkiller Roundup in a product liability action against Monsanto arising after the consumer developed cancer. Neither the Act or the EPA's registration process preempts the consumer's state law failure-to-warn claim. Monsanto failed to show that the EPA would not have approved the warning label proposed by the consumer concerning the ingredient glyphosate's potentially harmful effects. Vacated.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: February 5, 2024, Case #: 21-10994, Categories: Product Liability