135 results for 'filedAt:"2024-02-27"'.
J. Moore finds that defendant failed to preserve his claim that the trial court improperly allowed a prior domestic violence conviction to be introduced as propensity evidence at trial. Nonetheless, the admission was not an abuse of discretion, and even if it was error, it was not prejudicial. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 27, 2024, Case #: G063090, Categories: Evidence, Domestic Violence
J. Winchester, on certiorari, finds the county court improperly denied the petition for expungement of criminal records. Though the court reasoned, and the appeals court affirmed, the petitioner was not qualified to seek relief because of an ongoing federal and Cherokee Tribe investigation, the investigation does not constitute pending charges. Since the court ruled solely on whether the petitioner was qualified, the state bureau of investigation did not present any evidence for the court to determine whether there was any public interest in keeping the records open. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: February 27, 2024, Case #: 119998, Categories: Civil Procedure, Public Record, Native Americans
Per curiam, the appellate division finds that the lower court properly dismissed the creditor's attempt to recover payments made by the borrower to a third party. The lender failed to show that the $33.1 million paid to the third party where made with the intent of frustrating its collection efforts when it had not received a judgment at the time of the transfers. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 27, 2024, Case #: 00991, Categories: Debt Collection
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Per curiam, the appellate division finds that the lower court properly disqualified the nonparty attorneys as counsel for the incapacitated person because the court already appointed counsel for him. The record does not contain any notice of appearance or retainer agreement to show that the man ever hired the attorneys who claim to represent him. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 27, 2024, Case #: 00986, Categories: Guardianship
Per curiam, the appellate division finds that the lower court properly found for the law firm in this legal malpractice action. The client's claim expired under the applicable statute of limitations in April 2018, but did not file suit until September 2019. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 27, 2024, Case #: 00978, Categories: Legal Malpractice
J. Navarro grants the pet product manufacturer's motion to dismiss a competitor's declaratory judgment action asserting it did not infringe upon patents when the manufacturer submitted an Amazon Marketplace infringement claim. Amazon removed the accused products, though it has subsequently confirmed the products are again listed for sale. The covenant not to sue does not extend to any planned selling of new products but focuses only on the accused products. The complaint does not request a declaratory judgment as to anything other than the accused products, and there is no longer an actual controversy.
Court: USDC Nevada, Judge: Navarro , Filed On: February 27, 2024, Case #: 2:23cv483, NOS: Patent - Property Rights, Categories: Commerce, Patent
J. Contreras denies, in part, the Department of Veterans Affairs' motion for summary judgment on an association's Freedom of Information Act case seeking records related to the policies of the department's police force at VA facilities. Certain withheld information is segregable and must be disclosed.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 27, 2024, Case #: 1:21cv1298, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Veterans, Military
J. Wilkin finds testimony from the co-defendant was sufficient to convict defendant of theft. It established all elements of the crime and proved that defendant's destruction of the remote control prevented the victim from retrieving his drone before he left the scene of the crime, while both the drone and remote were also later found burned in defendant's fire pit. Meanwhile, the trial court properly admitted a detective's testimony about the VIN number of the vehicle driven by defendant during the crime without providing any verification of the number because the evidence was cumulative and defendant's ownership of the vehicle was supported by other testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-805, Categories: Evidence, Theft, Assault