11 results for 'casenum:"28"'.
J. Wilson finds that the appellate term properly dismissed an indictment against defendant on speedy-trial grounds. Although the trial court, reacting to multiple requests for ongoing postponement by the prosecution, did not schedule the specific successive dates offered, the time delay still needed to be charged to the prosecution because no reasons were given for any of the requested post-readiness adjournments. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: March 21, 2024, Case #: 28, Categories: Speedy Trial
J. Pugh finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer was not entitled to research credit deductions for the years in dispute.
Court: U.S. Tax Court, Judge: Pugh, Filed On: March 12, 2024, Case #: 2024-28, Categories: Tax
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J. Patterson finds that the appellate division properly allowed plaintiff to continue claims seeking insurance coverage for business losses sustained by a casino during the Covid-19 pandemic because the casino failed to establish losses occurred in part due to physical damage, and the contamination exclusion did not reference "viruses" or "pathogens." Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: January 24, 2024, Case #: A-28-22, Categories: Insurance, Covid-19
J. Singas finds that defendant was properly convicted of committing a shooting at a house party based on a first-time in-court identification by a neighbor, who had not made a pre-trial identification even though she reported the shooting, because she established her reliability as an eyewitness before taking the stand. Defendant had not received formal notice but was made aware his neighbor would ID him at trial. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: December 14, 2023, Case #: 28, Categories: Witnesses, Identification
J. Barrett finds the trial court properly convicted defendant for rape, sexual assault and sexual indecency with his girlfriend's minor daughters, sentencing him to a total of 76 years in prison. The assaults in question were videotaped and corroborated by victim testimony. Testimony that defendant made no effort to cover his genitals at a certain point allowed the jury to deduce that he purposely did so for sexual gratification. Witness credibility is an issue for the jury. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 13, 2023, Case #: CR-23-28, Categories: Sex Offender, Witnesses, Child Victims
J. Greaves finds for the commissioner of internal revenue in this tax liability dispute because the taxpayers failed to "assign error" or demonstrate where the commissioner erred in determining the deficiency or attached penalties. Affirmed.
Court: U.S. Tax Court, Judge: Greaves, Filed On: September 11, 2023, Case #: 2023-28, Categories: Tax
J. Greer finds that a mother's parental right were properly terminated since the mother struggled to develop basic infant care skills, let alone demonstrate an ability to tend to the serious disability with which the child had been born. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: September 7, 2023, Case #: 28-0828, Categories: Family Law