3,541 results for 'casenum:"23"'.
J. Beales finds a lower court did not err in convicting defendant for raping his wife. Defendant raised a number of objections, including arguing the court had improperly failed to consider his mental health at sentencing, but in fact the court had “considered the facts of this case” before sentencing and did not abuse its discretion in imposing a lengthy sentence. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: May 7, 2024, Case #: 0081-23-3, Categories: Sentencing, Sex Offender
J. Welch finds the trial court properly convicted defendant for third degree sexual assault. Defendant was a psychiatrist and addiction specialist. The victims, his patients, testified to inappropriate touching, groping, and kissing, with certain testimony corroborating other testimony. Sufficient evidence supports the conviction, and no abuse of discretion is found. Evidence in a presentence report is not subject to admissibility standards used at trial and the court’s review of the report would not make a reasonable person question the judge’s impartiality. The motion to recuse is without merit and counsel cannot be found ineffective for failing to make a meritless argument. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 7, 2024, Case #: A-23-577, Categories: Evidence, Judiciary, Sex Offender
J. Welch finds the county court properly granted injunctive relief and damages to the property developer. The residential property owner constructed a sediment pond and dam, causing drainage issues on the developer's property. The developer has shown that it has lost use of a portion of its property, as well as having lost trees to erosion caused by pooling water. The water backup was caused by negligent construction, as shown by the testimony of a civil engineer. Removal of the pond and dam is the only remedy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 7, 2024, Case #: A-23-114, Categories: Agriculture, Property, Damages
J. Pirtle finds the trial court properly convicted defendant for operating a motor vehicle to avoid arrest. Officers conducting surveillance on a residence observed defendant drive by the house. Upon their following the vehicle, defendant began driving at excessive speeds and making sudden turns, cutting off traffic and nearly causing accidents. Pursuit was ended for safety concerns and officers identified defendant through vehicle registration records and his prior booking photos. Sufficient evidence supports the conviction, and all factors were properly considered in sentencing him to 2 years in prison with 1 year of supervised release as well as a license suspension. No ineffective assistance or abuse of discretion is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 7, 2024, Case #: A-23-721, Categories: Drug Offender, Escape, Vehicle
Per curiam, the Fifth Circuit finds the district court improperly dismissed the insurance company's petition to appoint an umpire for lack of subject matter jurisdiction. The company refused to pay an additional $349,657 after paying the hail-damaged property owner $61,026 after deductions. The court erred in concluding that the petition did not meet the amount-in-controversy requirement for diversity jurisdiction. The company's petition establishes an amount in controversy over $75,000, meeting requirements for diversity jurisdiction. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-10888, Categories: Insurance, Property, Jurisdiction
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Per curiam, the Seventh Circuit finds that the lower court properly determined defendant is not entitled to a reduced sentence under the First Step Act. Defendant was convicted in 1998 of engaging in a continuing criminal enterprise (CCE) by managing the drug-trafficking operation of the Latin Kings street gang in Chicago and sentenced to life in prison. CCE convictions are not covered offenses under the Act because the statutory penalties of 20 years to life were not altered by the Fair Sentencing Act. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-1318, Categories: Drug Offender, Sentencing, Gangs
J. Kirsch finds that the lower court properly found for the insurer in a dispute over insurance coverage for the non-responsible parties of an auto accident. These parties cannot recover as assignees of the insured, because the the assignment's covenant not to execute the judgment against the insured personally rendered the insured not legally responsible, therefore triggering no responsibility on the part of the insurer. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 7, 2024, Case #: 23-1299, Categories: Insurance, Contract
J. Moore finds the county court properly dismissed the attorney's complaint seeking fees under a contingency fee agreement. The attorney and former client entered into a contract for representation in a life insurance claim, though the claim was paid before the attorney began litigating the case. There is no error in the court’s determination that there was no meeting of the minds concerning the agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 7, 2024, Case #: A-23-455, Categories: Insurance, Attorney Fees, Contract
J. Arterburn finds the county court properly entered the modified domestic abuse protection order. The wife filed a petition to obtain the protection order for her and her minor child, alleging several incidents involving property destruction and threats of physical violence. It is undisputed that the husband threw drinks on the floor and at his wife, ripped her underwear off her body, shoved her, and threatened to punch her. The husband presented no evidence to show cause why the protection order should not remain in effect. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: May 7, 2024, Case #: A-23-772, Categories: Evidence, Restraining Order, Assault
J. Beales finds a lower court did not err when it found that a teacher and football coach had not shown he was defamed by a school report that found he had “loudly uttered numerous statements incorporating profanity around students.” Because the allegedly defamatory statements were made as part of an official report, the officials’ statements were “entitled to qualified privilege and, therefore, could not be defamatory.” Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: May 7, 2024, Case #: 0702-23-3, Categories: Education, Defamation
J. Callins finds a lower court erred when it sustained a demurrer by county officials after they were sued by residents concerned about the approval of a major development by Amazon. The officials did not comply with requirements to give adequate public notice because the summary of their proposed action did not include relevant information, including a proposed increase “in the height and density limits for buildings.” Reversed.
Court: Virginia Court Of Appeals, Judge: Callins, Filed On: May 7, 2024, Case #: 0240-23-4, Categories: Government, Due Process
J. Englander affirms the dismissal of the indictments of five defendants charged with violating a human trafficking statute when they fell for a sting operation. “The evidence before the grand jury did not establish probable cause that any of the defendants met the statutory requirement that they ‘recruit, entice . . . or obtain by any means’ another person.” Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: May 7, 2024, Case #: 23-P-268, Categories: Evidence, Prostitution, Human Trafficking
J. Davis finds the district court properly convicted the doctor for unlawful distribution of controlled substances based on sufficient evidence. After the health management company developed concerns about the doctor's inability to maintain patient and medication records, warning him several times, he was terminated and opened a private practice. The DEA launched an investigation into his prescriptions after receiving a tip from a confidential informant, and the ensuing sting operation led to the doctor's arrest. That the prescriptions lacked a legitimate medical purpose is established in that they were issued outside the usual course of professional practice. Affirmed.
Court: 5th Circuit, Judge: Davis , Filed On: May 6, 2024, Case #: 23-30191, Categories: Drug Offender, Fraud, Jury Instructions
J. Benton finds a lower court properly dismissed a structural engineering firm's request for research tax credit. The structural engineer argued that it was entitled to an incentive to invest for the creation of structural design and construction documents for various building plans. However, the Internal Revenue Commissioner sufficiently showed in court that the structural engineer is not entitled to R & D credits for non- qualified research expenses that lack technological aspects. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: May 6, 2024, Case #: 23-1523, Categories: Construction, Tax, Technology
J. Palafox finds a lower court did not err in convicting defendant of assault with a deadly weapon against someone with whom he’d had a dating relationship. Defendant argued the court had not adequately considered his self-defense argument that the woman had tried to run him over with a car, but the jury was “free to disbelieve” this “conflicting” explanation.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 6, 2024, Case #: 08-23-00238-CR, Categories: Evidence, Assault
J. Hamilton finds that the lower court properly found for the city on constitutional and defamation claims filed by a business owner who claims the city denied his business an emergency grant because he had gone to an illegal anti-lockdown rally at the Wisconsin State Capitol. The state's Safer at Home Order was a valid restriction on speech and public gatherings due to the government interest in stopping the spread of Covid-19. Further, it was not unreasonable for the city to have denied discretionary funds to a business whose manager had violated the law and contributed to the public health crisis. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: May 6, 2024, Case #: 23-1208, Categories: Defamation, Covid-19, First Amendment
J. Clay finds that both the University of Michigan and its doctor, who controlled the lab from which the fentanyl used by the decedent was taken, are entitled to sovereign immunity on due process and wrongful death claims filed by the estate. It seeks only monetary damages, while the university has also not waived the defense, given its only motion in response to the lawsuit was the underlying motion to dismiss. Reversed.
Court: 6th Circuit, Judge: Clay, Filed On: May 6, 2024, Case #: 23-1718, Categories: Immunity, Due Process, Wrongful Death
J. Easterbrook finds that the lower court properly ordered Wisconsin to release defendant on bail unless it retries him on murder charges within two months. Defendant's attorney abandoned him in 1996 when he sought post-conviction relief, and the transcript of his trial was destroyed after 10 years. The Wisconsin Supreme Court held that holding a new trial in the absence of a transcript is appropriate only if defendant first makes a valid claim of prejudicial error, ignoring the fact that defendant trusted his attorney to get a the necessary transcript and effectively denying him an appeal for 28 years. "Wisconsin's treatment of Pope is a travesty of justice." Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 6, 2024, Case #: 23-2894, Categories: Civil Rights, Habeas
J. Scudder finds that the lower court properly found for the plan administrator in an ERISA suit challenging its denial of an employee's disability claim based on his worsening fatigue due to his multiple sclerosis. Multiple medical reports found that the employee could work 8-hour days and could continue working in his field, even if his current employer denied his request to reduce his shifts from 12 to 8 hours. The administrator presented rational reasons for its decision based on a fair reading of the plan and the employee's medical records. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: May 6, 2024, Case #: 23-2269, Categories: Erisa
J. Erickson finds a lower court properly dismissed a Mexican citizen's request to remain in the U.S. The citizen of Mexico argued that he would face persecution at the hands of a local drug cartel upon his return to his native land. However, he failed to present sufficient evidence in court that he is part of a membership in a social group that is vulnerable to gang violence. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: May 6, 2024, Case #: 23-3018, Categories: Immigration
J. Stras finds a lower court properly dismissed a prison guard's motion for qualified immunity for excessive force against an inmate. The prison guard, who serves in the A-Team group at the maximum security facility, argued that he was obligated to strike the prisoner in his leg and face for failing to comply during transfer. However, the inmate presented sufficient evidence in court that the prison guard violated his Eighth Amendment rights by accosting him while he was completely restrained. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: May 6, 2024, Case #: 23-1869, Categories: Civil Rights, Constitution, Immunity
Per curiam, the appellate division finds that the trial court should have upheld an arbitration award because the arbitrator's findings were well-reasoned and remained consistent with the parties' collective bargaining agreement. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00699 , Categories: Arbitration
Per curiam, the appellate division finds that the trial court properly declined to disqualify a law firm from representing plaintiff in debt collection and contract claims because the record does not indicate the firm's attorneys were involved in a substantially related lawsuit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00199 , Categories: Civil Procedure, Contract
J. Kirsch finds that the lower court properly ordered the bankruptcy trustee to return her fee because the debtor's plan was never confirmed, even though he made payments under a proposed plan. The trustee is not entitled to a fee for pre-confirmation payments when the court dismissed the bankruptcy proceedings for unreasonable delay. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 3, 2024, Case #: 23-2212, Categories: Bankruptcy
[Consolidated.] J. Eaton finds the Professional Responsibility Board improperly entered two separate decisions with different sanctions regarding attorney Theodore studdert-Kennedy’s misconduct during a divorce proceeding. The board reduced a reprimand’s presumptive sanction to a private admonition, but this failed to consider if the his sanction was consistent with other cases. The decision is vacated and remanded for further proceedings. Reversed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: May 3, 2024, Case #: 23-AP-263, Categories: Sanctions, Attorney Discipline
Per curiam, the appellate division finds that the lower court properly terminated a father's parental rights based on evidence that the father failed to prepare for the child's return and failed to address his dangerous delusional thinking. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CAF 23-00038, Categories: Family Law