206 results for 'filedAt:"2024-04-10"'.
J. Aoyagi finds the trial court properly questioned three prospective jurors. “The question is not whether the court handled voir dire perfectly, but whether its conduct was so prejudicial as to deny defendant a fair trial. It was not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 10, 2024, Case #: A177035, Categories: Drug Offender, Jury
J. Lagesen finds the court properly denied a petition for post-conviction relief from convictions resulting from no contest pleas. “The post-conviction court found petitioner not credible in her assertion that she would have rejected the plea deal had counsel provided different advice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179628, Categories: Ineffective Assistance, Sentencing
J. Shorr finds the trial court properly imposed restitution. “It is not plain that a trial court would err if it treated the stipulation as having at least the same effect as an admission to the criminal conduct that led to the victim’s damages.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 10, 2024, Case #: A179565, Categories: Restitution
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J. North grants a request by two employees who prevailed in an overtime-pay suit against their employer at a residential heating, air conditioning, and ventilation installer, awarding them $23,000 in attorney fees and costs. The requested $37,000 in fees and costs is reduced, in part, by a reduction in hourly rates.
Court: USDC Eastern District of Louisiana , Judge: North, Filed On: April 10, 2024, Case #: 2:22cv3953, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees, Labor
J. Bower finds that defendant was properly convicted of first-degree robbery of a convenience store at gunpoint and using a juvenile to commit an indictable offense because defendant allowed the 14-year-old girl, who did not have a license, to drive his car from Waterloo to Davenport following the robbery, and he paid her for her efforts. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 10, 2024, Case #: 23-0646, Categories: Robbery
J. Menetrez finds that the trial court should have granted defendant's petition for compassionate release from a 75-year sentence for first degree murder, as no evidence supported its dangerousness finding. He retains some ability to speak despite rapidly progressing amyotrophic lateral sclerosis (ALS) that severely limits his physical capacity and will likely cause his death within a year. But he has never solicited anyone to commit a crime or committed a crime in concert with anyone, and neither his gang affiliations nor lack of remorse mean he poses an unreasonable risk of committing a super strike crime if released. Reversed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: April 10, 2024, Case #: E082085, Categories: Murder, Sentencing, Gangs
J. Ahlers finds that defendant was properly sentenced for domestic abuse assault and other charges based on his Alford plea to charges contending he threatened to kill himself and his girlfriend with a bomb he had put in his mouth because the lengthy sentence was justified by his use of a dangerous incendiary device and his lack of remorse for the crime. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 23-0515, Categories: Sentencing, Weapons, Domestic Violence
J. Langholz finds that an insurer was improperly granted summary judgment in claims seeking coverage for damage sustained to plaintiff's home due to a derecho because plaintiff's claims are ripe for litigation since he was an intended third-party beneficiary under the insurance contract. Reversed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: April 10, 2024, Case #: 23-0157, Categories: Insurance
J. Bokor finds the trial court improperly dismissed defendant's misdemeanor DUI charge because a report a state's witness prepared was not provided to defense counsel before the trial. Seeing as how "dismissal is an extreme sanction," the trial court abused its discretion by dismissing the charge based on a report that was inadvertently not provided to the defense and contained neither evidence to exonerate defendant nor hardly any evidence that was not already in a different witness' report. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: April 10, 2024, Case #: 23-0464, Categories: Dui, Discovery
J. Emas finds that, in light of the state's motion for clarification, a new opinion is necessary to replace a previous opinion in defendant's speedy-trial dispute in her case in which she faces charges for fleeing the scene of an accident while driving under in the influence. Given the facts of the case and the applicable rules of criminal procedure, it cannot be said that defendant's petition for a writ of prohibition filed with the county court claiming she was denied a speedy trial within 90 days of her being taken into custody was an appeal that technically "delayed" her trial. Defendant's second writ of prohibition filed with the appellate court is granted, and the case is remanded for final discharge of defendant's misdemeanor charges.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: April 10, 2024, Case #: 23-1702, Categories: Criminal Procedure, Dui, Speedy Trial
J. Tabor finds that defendant was properly convicted of attempted murder and other charges following a drive-by shooting based on evidence including a dash camera recording of statements defendant made when he called his sister while detained in a police cruiser for an outstanding warrant, of which the police became aware while responding to a single-vehicle crash. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 21-1893, Categories: Evidence, Murder
J. Danilson finds that a mother's parental rights were properly terminated since she used illegal drugs, and her three-year-old child was found wandering alone through parking lots on multiple occasions. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: April 10, 2024, Case #: 24-0211, Categories: Family Law