164 results for 'filedAt:"2024-03-14"'.
J. Gallagher finds the trial court was not required to sever defendant's indictment and conduct separate trials. All three robberies were committed over a short period of time and involved similar characteristics, including being committed late at night on individuals alone in their cars, while the evidence for each crime was simple and direct, involving victim testimony from each of the incidents that was unlikely to confuse the jury. Meanwhile, because the outcome of the trial would have been no different if defendant's attorney had filed a motion to sever the indictment, defendant's ineffective assistance claim fails. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-958, Categories: Criminal Procedure, Ineffective Assistance, Robbery
J. Gallagher finds testimony provided by each of the victims was sufficient to support defendant's rape and gross sexual imposition convictions despite some inconsistencies. Each victim spoke about a specific series of events to establish the elements of the crimes, while the amount of time that passed between the assaults and defendant's trial was likely to blame for any confusion regarding the dates of the crimes. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-954, Categories: Evidence, Sex Offender, Child Victims
J. Vitter grants a request by a driver suing a sheriff's department, excluding the testimony of a veteran narcotics officer with “expertise in olfactory science” who claims a deputy could smell marijuana coming from the litigant’s car because the drug has an unmistakable odor that “becomes part of the user’s life.” None of the the opinions by the expert meet federal standards for reliability and relevancy, as his opinions do not assist the trier of fact and are not the product of reliable principles and methods. “No expertise is needed to understand that the opening and closing of a car door may allow odors contained within the vehicle to escape.”
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 14, 2024, Case #: 2:21cv1275, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Police Misconduct
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J. Meerveld grants a request by a chemical plant, dismissing complaints of First Amendment violations by a self-represented former employee of American Indian descent. The company is a government contractor but not a “government actor” and, therefore, his First Amendment claim fails. Further, he has failed to allege facts sufficient to support a Title VII claim for a hostile work environment based on race, racial discrimination or retaliation, or for disability discrimination related to an alleged brain injury.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: March 14, 2024, Case #: 2:23cv23, NOS: Employment - Civil Rights, Categories: Constitution, Ada / Rehabilitation Act, Employment Discrimination
J. Egan finds that the lower court properly declined a find for a town in a slip-and-fall action. Questions of fact remain on whether the walkway where the accident occurred was designed for employees only and had signs directing the public to a different access door. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 14, 2024, Case #: CV-23-0811, Categories: Tort
Per curiam, the appellate division finds that a request from suspended attorney Jerry Ray Hamling to reargue discipline taken against him and for leave to appeal to the state's high court is denied. No matters of fact or law were overlooked in suspending Hamling for two years in December 2023 following his guilty plea to falsifying business records as owner of a payroll-processing firm in Michigan, and no basis was established to appeal the suspension to the New York Court of Appeals.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: PM-42-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Delores Felice Seligman should be suspended during pendency of an investigation into management of her escrow account for failing to cooperate. Furthermore, the Mid-Hudson Women's Bar Association should be named as a limited custodian to oversee the account, as much of it is used to pay for the health care needs of one client.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: PM-44-24, Categories: Attorney Discipline
J. Spain finds the lower court properly dismissed a matter concerning billing by an Emergency Medical Service (EMS). EMS treated and transported a patient with minor injuries to a local hospital for further treatment. The patient argues he was billed by EMS for basic life saving emergency transport, which he claims he did not receive. EMS claims the service was rendered, and the matter is one of healthcare liability in which the patient did not satisfy the necessary requirements to move his complaint forward; specifically, the patient did not provide an expert report by the statutory deadline. The lower court agreed with EMS and dismissed the case. On review, the instant court finds no error in the lower court determination. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: March 14, 2024, Case #: 14-22-00671-CV, Categories: Health Care, Experts, Business Practices
J. Poissant finds the lower court properly divided the marital assets in this divorce matter. The husband argues that the marital home was jointly owned separate property and the lower court should not have been able to order it sold. The husband also argues that certain evidence, namely a drug test that showed he tested positive for amphetamine, methamphetamine, benzoylecgonine, cocaine, and norcocaine, and expert testimony to the effect that he was a daily user of those drugs, should not have been allowed. But the husband did not object to the evidence or expert testimony at the time it was submitted into evidence, thereby waiving his right to later argue against their admission. The lower court made no error in its division of the marital estate. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: March 14, 2024, Case #: 14-22-00810-CV, Categories: Evidence, Family Law, Property
J. Moss refuses to issue Meta Platforms an injunction preventing the Federal Trade Commission from moving forward with modifications to the parties’ previous settlement that would require Meta to institute a more stringent privacy program and data security protections for its users, and restrict its use of facial recognition technology. Meta fails to show the FTC's powers violate due process or right to a jury trial, nor does it show it faces irreparable harm without an injunction.
Court: USDC District of Columbia, Judge: Moss, Filed On: March 14, 2024, Case #: 1:23cv3562, NOS: Other Civil Rights - Civil Rights, Categories: Communications, Constitution, Technology