2,755 results for 'judge:"Per curiam"'.
[Consolidated.] Per curiam, the court of appeals reverses, in part, certain convictions in a case against four defendants on charges arising from a gang-related shooting that led to two deaths and injuries to two additional victims. Certain convictions predicated on underlying conspiracy convictions must be vacated, as they underlying convictions are misdemeanors. Furthermore, one defendant's second-degree murder conviction must be vacated due to insufficient evidence. Reversed in part.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 14-CF-0667, Categories: Murder, Conspiracy, Gangs
Per curiam, the appellate division finds that the lower court improperly declined to dismiss a negligence claim filed by a psychiatrist who was attacked by the cousin of an estranged partner in his home office. Although the apartment complex suffered lapses in its security protocols, such as allowing the attacker to enter and wander around the building for 20 minutes without being question by staff, the psychiatrist permitted the attacker to come into his apartment again to use the bathroom. Premises liability does not exist where the tenant invites the possibility of danger into the apartment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02612, Categories: Property, Negligence
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Per curiam, the court of appeals finds that the trial court properly granted defense counsel's motion to withdraw because there are no reversible errors on the record following defendant's conviction for engaging in organized criminal activity. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 01-23-00238-CR, Categories: Civil Procedure
Per curiam, the appellate division finds that the lower court properly dismissed a slip and fall claim against a park where he was injured. The area in which he was harmed was full of reed beds and was not intended to be a public walkway. Therefore, the condition could be said to be incidental to the nature of the property and not reasonably foreseeable by the owner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02518, Categories: Negligence
Per curiam, the Supreme Court of Ohio finds the lower court properly granted the judge's motion for summary judgment on the inmate's petition for a writ of mandamus to vacate his criminal convictions. His claim regarding an unsigned affidavit had been rejected by two other courts and, therefore, was barred by res judicata. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 9, 2024, Case #: 2024-Ohio-1753, Categories: Criminal Procedure, Judiciary
Per curiam, the appellate division finds that the lower court improperly found for a mason who was injured while removing and replacing bricks. He proved his case by showing that the ladder on which he was working fell while he was eight feet above the ground and supported this with photographic evidence. However, he also testified inconsistently about the event and whether he promptly reported the accident or not, which requires further proceedings. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02609, Categories: Labor
Per curiam, the appellate division finds that the lower court improperly dismissed a medical malpractice and ordinary negligence suit. At the nursing home facing the claim, registered nurses performed all patient assessments, so the claimant's nursing expert had the requisite experience to opine as to whether the fall in question could have been prevented. Further proceedings are needed since challenges regarding an expert's qualifications do not affect the admissibility of their testimony, but rather the weight it should be afforded. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02608, Categories: Experts, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly affirmed the board's decision to deny the correction officer disability retirement benefits. The board reasonably found that the officer's disabling knee condition was the result of a degenerative condition, and not related to a work incident. The board's finding that she did not suffer a shoulder-related disability was supported by credible evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02538, Categories: Administrative Law, Employment
Per curiam, the appellate division finds that the administrative judge properly found the residential school for children with autism committed category four neglect by failing to record a calorie count for a child, as requested by a dietician, and failing to notify a nurse when the child refused meals. The evidence supports a finding that the center failed to adequately train staff regarding the meal refusal policy or to timely inform staff of care directives. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02534, Categories: Administrative Law, Health Care
Per curiam, the appeals court finds the trial court made no error in denying defendant's motion for a pretrial bond in the case in which he and another person are charged with the premeditated murder of a law enforcement officer. Even though defendant's co-defendant was granted pretrial bond, the evidence in the case, including testimony from a detective saying the co-defendant was not the shooter, supports the trial court's findings.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 8, 2024, Case #: 24-0350, Categories: Murder, Bail
Per curiam, the appellate division finds that the lower court properly declined to declare the location of the border between the parties' properties, which effectively granted one owner a strip of land measuring barely four feet wide. The practical location of a boundary line and an agreement to it concludes the location of such a boundary so long as there is mutual acquiescence. The deeds in question clearly demarcate the adjoining properties and have been marked physically with a cinder block wall for over 10 years. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02519, Categories: Experts, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly declined to dismiss a medical malpractice claim filed a patient who was diagnosed with an ankle sprain. Two weeks later, he was admitted to the hospital with ischemia of the leg, which led to amputation. Although the doctor submitted an affidavit showing that he had followd the standard of care, the patient's affidavit raised issues of fact as to whether the doctor failed to complete an orthopedic consultation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02512, Categories: Property
Per curiam, the Supreme Court of Ohio finds the petitioner was not entitled to a writ of mandamus to reinstate a legal malpractice lawsuit. Although a state court is divested of jurisdiction upon removal of the case to federal court, the petitioner failed to file his removal notice with the state court, which maintained jurisdiction and was able to dismiss the case. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 8, 2024, Case #: 2024-Ohio-1719, Categories: Civil Procedure, Jurisdiction
Per curiam, the appellate division finds that the lower court properly dismissed this breach of contract action over collection services for outstanding parking and traffic tickets as time-barred. The contract expired in 2016, but the company did not file suit until 2019, long after the one-year statute of limitations had expired. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02551, Categories: Civil Procedure, Contract