194 results for 'filedAt:"2024-02-29"'.
J. Pritzker finds that the lower court properly declined to suppress pills and a handgun discovered during a traffic stop in defendant's trial for drug and weapon possession. Officers possessed reasonable suspicion to ask defendant to empty his pockets because both the driver of the vehicle and defendant inconsistently answered police inquiries about their activities, and each of them had known connections to narcotics. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 29, 2024, Case #: 112813, Categories: Drug Offender, Firearms, Search
J. Aarons finds that defendant's appeal from the denial of his habeas request should be dismissed as moot. Defendant had absconded in 2015 and remained at large until he was charged with attempted murder in Illinois in 2017, for which he served a six-year sentence before being extradited to New York. Defendant objected to being held without bail pending a parole revocation hearing, but the issue was rendered moot when a revocation hearing occurred and he was returned to prison until 2030. Defendant's valid complaint that he had not been allowed to cross-examine a parole officer was not sufficiently novel to trigger an exception to the mootness doctrine.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 29, 2024, Case #: 535304, Categories: Criminal Procedure, Habeas, Parole
J. Peterson grants the police officers and dispatchers' motion for summary judgment in the citizen's pro se lawsuit claiming he was blocked from filing a complaint against one of the officers, who the citizen also claims insulted him and called him racial slurs along with another officer when they were sent out to field his complaint. Because the weight of the audio and video evidence contradict the citizen's suggestion that he was unlawfully blocked from filing his complaint through the normal process, or that any of his constitutional rights were violated at any point, his First Amendment, Fourth Amendment and 14th Amendment claims all fail and his motion for summary judgment is denied. The citizen's case is dismissed on the merits, and because he repeatedly engaged in misconduct such as clearly fabricating allegations of race-based discrimination, the citizen is sanctioned, in part, by being blocked for two years from filing any civil lawsuit except habeas corpus petitions without prepaying the filing fee.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: February 29, 2024, Case #: 3:21cv555, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Gleason grants the law enforcement defendants' Rule 59 motion to amend the judgment in this case concerning whether an individual was "federally prohibited from possessing a firearm." The court previously ruled that the individual was not barred from possessing firearms based on his convictions in 2010 for misdemeanor crimes of domestic violence under local law, due to an ex post facto issue. However, under Ninth Circuit precedent, the prior ruling was in error, and the court now holds that "there is no ex post facto violation."
Court: USDC Alaska, Judge: Gleason, Filed On: February 29, 2024, Case #: 3:22cv193, NOS: Mandamus & Other - Habeas Corpus, Categories: Civil Procedure, Firearms
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J. Poissant finds that the trial court properly denied the city's plea to the jurisdiction in a dispute over payment for work on Hurricane Harvey-related projects under a second contract amendment. The city's argument regarding the contractor's signature is a "defensive argument" that does not implicate the court's jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: February 29, 2024, Case #: 14-22-00616-CV, Categories: Immunity, Jurisdiction, Contract
[Consolidated.] J. Christopher finds that the trial court improperly denied summary judgment to ExxonMobil in litigation stemming from a fire and explosion at its plant in Baytown that resulted in injuries to employees of subcontractors. ExxonMobil "conclusively established its exclusive-remedy defense under the Texas Workers' Compensation Act" by showing it had an agreement to provide workers' comp coverage to the subcontractors' employees. Reversed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 29, 2024, Case #: 14-22-00863-CV, Categories: Employment, Tort, Workers' Compensation
J. Soto finds a lower court did not err in convicting defendant for murder. Defendant raised a number of issues with his conviction, including arguing a lower court had improperly negated his sudden-passion claim that he had “snapped” and killed the victim because she rejected him, but while the record does indeed show that defendant was both “jealous and possessive,” courts have long held that “a rejection of a romantic proposal does not qualify as adequate cause for purposes of the sudden passion defense,” not least because a person of “ordinary temper” does not murder people based on romantic rejections. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: February 29, 2024, Case #: 08-22-00177-CR, Categories: Evidence, Murder, Jury Instructions
J. Easterly affirms the Office of Employee Appeals' decision to uphold the termination of a chief administrative law judge for the Office of Administrative Hearings. Termination was appropriate in light of several ethics violations to which she admitted, including conflicts of interests and the hiring of an attorney with whom she had a business and financial relationship. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 29, 2024, Case #: 21-CV-0275, Categories: Administrative Law, Employment, Judiciary
J. Baker vacates the trial court’s order appointing the Texas Department of Family and Protective Services and a mother as joint managing conservators over the care of the mother’s child. On appeal, the department argues that the court erred in appointing it as one of the child’s conservators when it chose to drop the suit. The trial court abused its discretion in appointing the department despite its nonsuit. Vacated.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: February 29, 2024, Case #: 03-23-00612-CV, Categories: Family Law
J. Pym finds in favor of the officers against the homeowner's complaint that the officers entered the his home without a warrant and seized several of his credit cards. The officers were in hot pursuit of a separate suspect that began when the suspect did not pull over for a traffic stop and continued into the homeowner's home, and the immediacy of the pursuit did not end as one of the officers called for backup because there was always the intent to immediately arrest the suspect.
Court: USDC Central District of California, Judge: Pym, Filed On: February 29, 2024, Case #: 5:23cv33, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights