3,456 results for 'cat:"Evidence"'.
J. Garcia denies all parties' motions for summary judgment, ruling the bus drivers' cited evidence fails to establish all necessary elements for their retaliation and discrimination claims and, therefore, precludes judgment in their favor. Meanwhile, the drivers' claims regarding the employer's failure to properly sanitize buses or use hypoallergenic sanitizers in the wake of Covid-19 are not preempted by the National Transit Systems Security Act because the complaint filed with OSHA before this suit was filed was dismissed by the agency.
Court: USDC Connecticut, Judge: Garcia, Filed On: May 3, 2024, Case #: 3:22cv217, NOS: Employment - Civil Rights, Categories: evidence, Preemption, Employment Retaliation
J. Cole finds that the lower court improperly convicted and sentenced defendant for possession of a short-barreled shotgun. Defendant argues, and the court agrees, that the state failed to show “that she was in constructive possession of the short-barreled shotgun,” which was allegedly found inside a closed tool case in her husband’s vehicle. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: May 3, 2024, Case #: CR-2022-1131, Categories: evidence, Firearms
[Consolidated.] J. Smith finds a lower court properly dismissed a defendant's motion to remain in the U.S. The defendant, who was arrested and convicted for possession of illegal drugs, argued that he was entitled to a deferral of removal under the Convention Against Torture Act, and then a bid for reconsideration after the board of immigration appeals denied his application for CAT. However, the government sufficiently showed in court that he was not entitled to relief based on lack of evidence that he would be tortured by a drug cartel and high ranking, corrupt officials in Mexico. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: May 3, 2024, Case #: 22-2474, Categories: Drug Offender, evidence, Immigration
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J. Wall finds a lower court properly sentenced a defendant to life imprisonment without possibility of parole for 25 years following the shooting death of a 12-year-old boy who sold him a BB gun and not Glock pistol. The defendant argued that he was denied a fair trial when the State interviewed prospective jurors and asked them if they would do their "job" in court, unfairly suggested that he was not thinking about his daughter while committing a violent crime, and then erred in certifying him as an adult. However, the State presented sufficient evidence in court that the defendant submitted three versions of the incident, falsely claiming that he took the rap for the actual killer because he was "freaked out," and then attempted to reframe an evidentiary challenge as a prosecutorial error. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: May 3, 2024, Case #: 125430, Categories: evidence, Firearms, Murder
J. Egerton finds that the trial court properly admitted defendant's confession before denying his petition for resentencing on murder, robbery and burglary convictions. He forfeited his claim that his confession was involuntary by failing to raise in at trial, and resentencing hearings, which have a narrow purpose, are not the place to litigate evidentiary issues for the first time. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: May 3, 2024, Case #: B324572, Categories: evidence, Murder, Sentencing
J. Bright finds that while the attorney's failure to present evidence of the inmate's mental health issues at a hearing to determine whether good cause existed for the untimely filing of his habeas corpus petition may have constituted ineffective assistance of counsel, the inmate's failure to provide any evidence regarding the claim required dismissal of his appeal to this court.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 3, 2024, Case #: AC43187, Categories: evidence, Habeas, Ineffective Assistance
J. Mayle finds defendant's domestic violence conviction is supported by sufficient evidence. Testimony from hospital staff about the injuries sustained by the victim, including a fractured orbital bone and bruising, established she suffered serious physical harm, while descriptions of defendant's behavior at the hospital, which included yelling at the victim and showing no concern, established he was the perpetrator of the offense. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1711, Categories: evidence, Domestic Violence
J. Love finds that the trial court improperly determined that a victim did not show that she was harassed by her neighbor. In this case, the victim testified that the neighbor repeatedly removed landscaping boards from the front of her property where she was attempting to plant trees and cursed at her during an altercation. Further, there was video evidence showing the neighbor taking the boards from the victim's property to a trash pile, and the neighbor admitted to talking to the victim on the day of the altercation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 2, 2024, Case #: 2023-CA-0742, Categories: evidence, Property
J. Grasz finds a lower court properly convicted a defendant for possession of cocaine with intent to distribute. The defendant, a wholesale cocaine dealer, argued that law enforcement was not entitled to obtain a tracking warrant for his vehicle and warrants for an apartment and a music studio. However, the government presented sufficient evidence in court that an informant sold drugs to the defendant's runner, who began cooperating with authorities, which resulted in the defendant making threats over Facebook, claiming he would get his hands on the trial witness list and send it to "unknown actors in Mexico." Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 2, 2024, Case #: 23-2364, Categories: Drug Offender, evidence, Threats
J. Kemp finds the trial court properly convicted defendant for capital murder and aggravated robbery, sentencing him to life plus 40 years in prison. A homeowner called her husband about a suspicious person at the house and the husband, on his way home, found a body in the street with multiple gunshot wounds. Police dash cam recorded defendant escaping in the victim's truck, and the victim's DNA was discovered on defendant's bloody pants when he was later arrested on multiple warrants. Defendant does not challenge the sufficiency of the evidence. Certain evidence was properly admitted as cumulative of other evidence admitted at trial, and Ring camera photos of the truck were properly authenticated by detective testimony. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: May 2, 2024, Case #: CR-23-574, Categories: evidence, Murder, Due Process
J. Jolivette Brown denies summary judgment to a New Orleans hotel on its argument the litigant’s claims for monetary damages are barred by state law because he was sentenced to 37 months in prison for being a convicted felon in possession of a handgun in connection with the shooting death of an armed hotel parking valet. Genuine issues of material fact remain as to whether the deceased valet had the right to use reasonable force during the incident. Furthermore, the litigant's claims of negligence, assault, battery and false imprisonment will not be dismissed for non-participation in discovery since he is involuntarily incarcerated.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: May 2, 2024, Case #: 2:22cv1764, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, Damages, Negligence
J. Bahr finds that the district court properly entered criminal judgment after a jury verdict finding defendant guilty of one count of terrorizing. Defendant did not preserve the issue of insufficient evidence because she failed to move for acquittal. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 2, 2024, Case #: 2024ND79, Categories: evidence
J. Murguia vacates a sentence and remands a matter which the panel voted to rehear to reconsider the heightened standard of proof for factual findings at sentencing. The panel overruled its prior precedent and fully adopted the “preponderance of the evidence” standard. The matter stems from a search of a cell phone while defendant was on probation which yielded images of defendant in his home with a firearm and magazine. Defendant was indicted for and pleaded guilty to a single count of illegal possession of a firearm as a convicted felon.
Court: 9th Circuit, Judge: Murguia , Filed On: May 2, 2024, Case #: 22-50064, Categories: evidence, Sentencing
J. Boomgaarden finds that the lower court properly convicted defendant of sexual abuse and other sex crimes against a minor. Defendant claims there was not enough evidence entered on the record to convict him, but the state brought forward witnesses and other exhibits that all supported a jury being able to conclude beyond a reasonable doubt that he acted knowingly and with intent. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: May 2, 2024, Case #: S-23-0268, Categories: evidence, Sex Offender, Child Victims
Per curiam, the Supreme Court of Ohio finds the Industrial Commission properly vacated the workers' compensation benefits awarded to the injured employee. His diagnosis of "paraplegia, incomplete" did not meet statutory requirements for the total loss of use of his legs. The employee was still able to stand and walk short distances without the use of a walker and, therefore, was not entitled to "loss-of-use" compensation; therefore, the lower court properly denied his request for a writ of mandamus to reinstate the benefits. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: 2024-Ohio-1656, Categories: evidence, Workers' Compensation
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury found defendant guilty of attempted murder and conspiracy to commit murder. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: 2024ND87, Categories: evidence, Murder
J. Sargus denies Lowe's motion for summary judgment, ruling that while the store manager's poor performance gave it a legitimate reason to fire him, its decision to terminate him less than 10 days into a performance improvement plan and "shifting justifications" for his termination - including his response to a store fire while he was on vacation and the acceleration of his performance improvement timeline - would allow a reasonable jury to consider its reasons a pretext for age discrimination.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: May 2, 2024, Case #: 2:22cv4162, NOS: Employment - Civil Rights, Categories: evidence, Employment Discrimination
J. Wise finds the lack of physical evidence against defendant did not prevent the jury from finding him guilty of rape. The victim's uncontroverted testimony established all elements of the offense and was not contradicted by any of the testimony provided by her mother or defendant's daughter. Meanwhile, the mention of defendant's previous prison time by his daughter did not deprive him of a fair trial because the testimony was elicited by his own attorney during cross-examination and, in any case, was stricken from the record by the trial court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: May 2, 2024, Case #: 2024-Ohio-1717, Categories: evidence, Fair Trial, Sex Offender
J. Hudson finds the trial court properly convicted defendant for child sexual abuse and rape, sentencing him to 25 years in prison. Nothing in defendant's confession video suggests coercion or involuntariness, and he fails to show the court's decision to allow it into evidence was erroneous. All evidence supports the conviction and nothing in the record suggests the judge considered extraneous allegation when sentencing. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: May 2, 2024, Case #: F-2022-620, Categories: evidence, Sex Offender, Child Victims
J. James dismisses an alternative writ by a company related to the closure of a university in Portland after the company entered into a 20-year administrative services agreement to share costs and tuition revenue to grow the university's educational programs. “HotChalk has not established that the normal appellate process would not constitute a plain, speedy, and adequate remedy in this case.”
Court: Oregon Supreme Court, Judge: James, Filed On: May 2, 2024, Case #: S069765, Categories: Education, evidence
J. Jensen finds that the district court properly entered criminal judgment after a jury found defendant guilty of felony murder. Defendant argued that the district court improperly allowed the state to remove “knowingly” from the charge of felony murder and use only the culpability level of “intentional.” Any error was not obvious and sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: May 2, 2024, Case #: 2024ND78, Categories: evidence, Murder
J. Johnson finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the findings as to endangerment and the children's best interest. This includes the father's lack of financial support, history of drug use, and his "multiple criminal convictions and multiple periods of incarceration." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 10-23-00364-CV, Categories: evidence, Family Law
J. Fox finds the single proposed transaction agreed to by an undercover police officer and defendant for the sale of one ounce of methamphetamine was insufficient to convict him of conspiracy to distribute a controlled substance. The amount involved was "typical" for a single user to buy, while there was also no agreement for further sales, which proved the existence of only a "buyer-seller" relationship. Vacated.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: May 2, 2024, Case #: 2024COA46, Categories: Drug Offender, evidence, Conspiracy
J. Suarez finds the failure by the mother's attorney to object to family services' amendment request immediately before the close of the trial concerning her parental rights did not constitute ineffective assistance. Such requests are allowable under the governing procedural guidelines and, in any case, the subject of the amendment request - the mother's failure to comply with a rehabilitation plan - had been fully briefed and discussed during the trial. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: May 2, 2024, Case #: AC46641, Categories: Civil Procedure, evidence, Family Law
J. Bokor finds the trial court improperly denied defendant's motion for judgment of acquittal in his case alleging that, in his role as a police officer, he knowingly falsified an arrest affidavit and offense incident report and battered the person he was arresting. The evidence, including body camera footage from multiple officers, shows that defendant's description of the arrest in the documents in question is not "patently false or inaccurate" such that it constitutes a crime. The trial court erred in denying defendant's two motions for judgment of acquittal, and the case is remanded for defendant to be acquitted on both his official misconduct and battery charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 1, 2024, Case #: 22-1276, Categories: evidence, Battery