184 results for 'filedAt:"2023-06-21"'.
J. Seabright dismisses wrongful foreclosure and real estate fraud claims brought by several individuals against the state, court employees, including two judges, law firms, financial institutions and loan servicers. The complaint does not detail how each played a role in the foreclosure process. The state and court officials are immune to the claims.
Court: USDC Hawaii, Judge: Seabright, Filed On: June 21, 2023, Case #: 1:22cv432, NOS: Other Civil Rights - Civil Rights, Categories: Fraud, Foreclosure
J. Bastian finds in favor of the environmental organization for its claim against the government agency's 2019 adoption of a forest management plan for the Colville National Forest, which will open 63% of the Colville National Forest to logging. The U.S. Forest Service violated the National Forest Management Act by not adequately explaining how the 2019 forest plan maintains the viability of old-growth dependent species, because the agency did not demonstrate how its data and methodology reliably and accurately supported this argument, and it did not provide a meaningful assessment of the amount and quality of old-growth habitat.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: June 21, 2023, Case #: 2:21cv161, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment, Agency
J. Peterson finds that the trial court improperly granted defendant's pretrial motion to exclude a statement made to his mother on the phone during a high speed car chase with police. Defendant, who is charged with kidnapping, attempted rape and murder, told his mother that he did not want to pull over for police because he did not want to go back to prison. The trial court applied an incorrect standard in reaching its decision. Vacated.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: June 21, 2023, Case #: S23A0507, Categories: Murder, Sex Offender, Kidnapping
J. Golemon finds the trial court properly convicted defendant for second-offense felony cocaine possession. Defendant was arrested pursuant to a bank “jugging” sting operation, under suspicion of criminal activity and attempted theft. The arrest resulted in the discovery of defendant’s possession of cocaine. The location of the cocaine in defendant’s vehicle, forensic cell phone evidence and defendant’s admissions during interview all support conviction. Though charges were reduced from first- to second-degree possession, the court’s proper application of criminal history enhancements resulted in the same sentencing range being used and a presumption of prosecutorial vindictiveness does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 21, 2023, Case #: 09-21-00154-CR, Categories: Drug Offender, Sentencing, Theft
J. McFadden finds that the trial court properly convicted defendant of aggravated assault and possession of a firearm during the commission of a crime. The trial court correctly denied defendant's motion to suppress evidence found in a warrantless search of his car because the motion was untimely. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0321, Categories: Firearms, Assault
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J. Freudenthal grants summary judgment to the independent contractor for the employee's claim that his arm was crushed when the independent contractor and its co-defendants negligently lowered a crane centrifuge while the employee was in the catwalk. There is insufficient evidence that the independent contractor had control over the operative details of the crane work, and the employee heavily relies on a written note from the person who operated the crane that the independent contractor and others were the ones truly liable for this incident.
Court: USDC Wyoming, Judge: Freudenthal, Filed On: June 21, 2023, Case #: 2:21cv160, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Evidence, Negligence
J. Long vacates a family court’s decision awarding a Coventry woman half of her ex-husband’s state pension 24 years after finalization of their divorce. The woman’s request of the family court was “clearly untimely.” Having decided that the woman did not know about her former husband’s pension from the state department of corrections until 2017, the trial justice erroneously held that the woman’s request was not time-barred and ordered him to pay her a total amount of $83,284. The matter is remanded to the family court for further proceedings. Vacated.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: June 21, 2023, Case #: 21-328, Categories: Civil Procedure, Family Law, Property
J. Colvin finds that the trial court properly convicted defendant of murder, participation in criminal street gang activity and other related offenses. Sufficient evidence was presented to support defendant's conviction for violating the Georgia Street Gang Terrorism and Prevention Act, including evidence that defendant was associated with the Bloods gang and that he committed the murder to further the gang's interests. The trial court did not commit any error in admitting as an excited utterance a hearsay statement that defendant had shot someone. The person who made the statement could not have said it more than 20 minutes after the shooting and behaved in a way that could show he was in a state of excitement. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: June 21, 2023, Case #: S23A0032, Categories: Ineffective Assistance, Murder, Gangs
J. Vaitheswaran finds for a real estate agent in claims contending a property he helped sell was infested with snakes and other vermin because the buyers checked the box waiving property inspections on the purchase agreement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Vaitheswaran, Filed On: June 21, 2023, Case #: 22-1670, Categories: Fraud, Contract
J. McFadden finds that the trial court properly convicted defendant of possession of methamphetamine, obstruction of an officer and having no proof of insurance. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant drove his vehicle into an officer's patrol car. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0071, Categories: Drug Offender, Obstruction
Per curiam, the circuit finds that this appeal in which pro-life groups and individuals challenge the denial of a preliminary injunction blocking a law that provides "bubble zones" to protect women trying to get abortions should be dismissed for lack of jurisdiction, as the district court had not entered a substantial ruling on free speech claims.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 21, 2023, Case #: 23-155, Categories: Civil Procedure, First Amendment
Per curiam, the circuit finds that the district court properly dismissed free speech claims concerning a local law that establishes "bubble zones" that prevent women seeking abortions from being disturbed as they approach or exit facilities in Westchester County. Precedent holds that such laws are constitutional because they are content neutral and serve safety interests by shielding people from unwanted communication. However, the court improperly held that plaintiff, a 64-year-old Catholic, lacked standing to sue because she demonstrated she faced a credible threat of prosecution if she were to become a "sidewalk counselor" who engages women outside clinics. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 21, 2023, Case #: 23-30, Categories: Health Care, Municipal Law, First Amendment
[Consolidated.] J. Mercier finds that the trial court properly denied the property owner's motion to set aside the city's condemnation petition but incorrectly limited post-judgment interest to 30 days from the date of the judgment granting the petition and awarding the owners $435,000 in compensation. There is evidence that the city obtained an external property appraisal before issuing the offer, sent a copy of it to the owner at its last known address and tried to negotiate in good faith despite the owner's refusal to cooperate. The trial court correctly denied the property owner's motion for attorney fees. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: June 21, 2023, Case #: A23A0304, Categories: Property, Attorney Fees
J. Myren finds that the circuit court improperly reversed an Administrative Law Judge’s decision which determined an individual was disqualified
from receiving reemployment assistance benefits because he was discharged for work-connected misconduct. Reversed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: June 21, 2023, Case #: 2023SD27, Categories: Employment
J. Stadtmueller grants the SEC's motion to amend a judgment entered against the investors who perpetrated a fraudulent investment scheme targeting Hmong-Americans in Wisconsin and Minnesota which unlawfully raised more than $16 million, and the judgment is amended to reflect the investors' permanent ban from violating two additional sections of the Securities Act. It is further ordered that the investors are barred for two years from making any filings in any case that do not adhere to federal court rules, and the SEC's motion to strike some of these recent inappropriate and nonsensical filings, including those alleging a nonexistent contractual relationship between them and the SEC, is granted.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: June 21, 2023, Case #: 2:22cv450, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Enforcement Of Judgments
[Consolidated.] J. Markle finds that the trial court improperly denied the boyfriend's motions for partial summary judgment on claims for breach of promise to marry and fraud in an action brought by the girlfriend after she called their engagement off due to the boyfriend's sexual text messages with other women. The boyfriend's promise to marry is unenforceable because the parties failed to execute the prenuptial agreement upon which the marriage was conditioned. The girlfriend cannot show that the boyfriend did not intend to marry her at the time of their engagement. The trial court correctly denied the girlfriend's motions to compel and reopen discovery. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 21, 2023, Case #: A23A0204, Categories: Fraud
[Consolidated.] J. Sargus grants a motion for summary judgment filed by the truck driver who stopped to render assistance to the pedestrian before he was struck by another driver, ruling Ohio's Good Samaritan statute applies to the case. The truck driver aided an individual involved in an emergency when he tried to help the pedestrian move a roll of carpet from the middle of the road. Furthermore, the motion to exclude expert testimony filed by the driver who struck the pedestrian is granted in relation to the pedestrian's medical expert as a result of the pedestrian's failure to disclose the witness and his expected testimony.
Court: USDC Northern District of Ohio, Judge: Sargus, Filed On: June 21, 2023, Case #: 2:21cv191, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Experts
J. Solomon finds that the appellate division improperly suppressed statements defendant made to police in his trial for raping and murdering an 11-year-old girl. While police originally kept defendant in a separate room before reading him his Miranda rights, they moved defendant to an interview room and administered Miranda warnings after a witness identified him as the perpetrator. Meanwhile, defendant did not appear distressed or agitated before beginning his second interview. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: June 21, 2023, Case #: A-16-22, Categories: Miranda, Murder
J. Ellington finds that the trial court properly convicted defendant of murder and did not commit any error in failing to charge the jury on voluntary manslaughter and mutual combat. Neither the victim's decision to bring a weapon into defendant's home nor the victim's alleged use of threatening words and racial epithets amount to the types of provocation that could support a voluntary manslaughter charge. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: June 21, 2023, Case #: S23A0531, Categories: Murder, Jury Instructions
J. Bahr affirmed in part criminal judgments and an amended criminal judgment after a jury convicted defendant after he was charged with four counts of promoting or directing an obscene sexual performance by a minor. The state conceded that there is insufficient evidence for a number of the counts. However, the convictions on the remaining counts were properly entered by the lower court. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: June 21, 2023, Case #: 2023ND119, Categories: Evidence, Sex Offender
J. Baker finds the trial court properly ruled to terminate a mother’s parental rights to her child. On appeal, the mother asserts that her court-appointed attorney provided ineffective counsel. However, the mother’s counsel acted in accordance with their legal responsibilities. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: June 21, 2023, Case #: 03-23-00140-CV, Categories: Family Law
[Consolidated.] J. Boggs finds that the trial courts properly dismissed the three voters' actions alleging that the voting system used in the Dec. 6, 2022 runoff election for a U.S. senate seat did not comply with Georgia law. The complaints failed to name any defendant and did not ask for a new runoff election or seek any relief with respect to the election. The voters also failed to serve any defendant. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: June 21, 2023, Case #: S23A0583, Categories: Elections
J. Smith finds that the lower court properly granted summary judgment in favor of the school district in this lawsuit asserting a retaliation claim under the Texas Whistleblower Act. The school district sufficiently established its affirmative defense, arguing that the former employee "would have been, and was, terminated for substantiated misconduct." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 21, 2023, Case #: 05-22-00384-CV, Categories: Civil Procedure, Whistleblowers, Employment Retaliation
J. Chung finds that the lower court improperly tossed claims against two companies from a couple who sued after alleged exposure to asbestos-containing pipe
insulation while working at a refinery. The dismissal was granted under the statute of repose, but the companies cannot dodge the claims under that statute because there was not enough evidence put forward regarding their construction contributions to the refinery in questions. Reversed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: June 21, 2023, Case #: 83745-1-I, Categories: Asbestos