8 results for 'casenum:"32"'.
J. Troutman finds that the appellate division improperly held that rehabilitation mandates for paroled sex offenders confined to prison residential treatment facilities were met through internal state programs. The offenders remained in these facilities because they could not secure community housing away from schools, and they should not have been categorically denied access to educational, training, and employment programs outside the prison. While the appeal was mooted by plaintiffs' release, the exception to the mootness doctrine applied because the issues would likely recur. Reversed in part.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: April 25, 2024, Case #: 32, Categories: Civil Procedure, Prisoners' Rights
J. Donohue finds that the lower court’s order sustaining the Department of Corrections’ preliminary objections to a prisoner’s timely filed petition alleging that he was denied his procedural due process rights when the department deducted certain payments from his prison-account deposits. The department violated the prisoner’s procedural due process rights when it increased the rate of his deductions without pre-deprivation notice and an opportunity to be heard. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: December 19, 2023, Case #: J-32-2023, Categories: Civil Procedure, Due Process
J. Womack finds the trial court properly denied defendant's petition for leave to proceed in forma pauperis, for extraordinary writ, and to set aside and vacate his judgment on a guilty-plea conviction for sexual assault. Defendant's claims that his conviction resulted from a civil rights violation and his challenges to the sentencing go beyond the face of the judgment and do not implicate validity. His petition was also filed three years after entry of his guilty plea and is untimely. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: November 30, 2023, Case #: CR-23-32, Categories: Habeas, Sex Offender
J. Weiler finds for the commissioner of internal revenue in collection due process claims related to a tax deficiency because the settlement officer did not abuse his discretion in sustaining the levy.
Court: U.S. Tax Court, Judge: Weiler, Filed On: November 28, 2023, Case #: 2023-32, Categories: Tax
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J. Pierre-Louis finds that the appellate division improperly denied in-person interpretation services for defendant, a native speaker of Kaqchikel, in his sexual assault trial because the court's language access plan was amended to assure the assumption of in-person interpreting services in criminal jury trials, and the use of remote services should be approved by the assigned or presiding judge. Reversed.
Court: New Jersey Supreme Court, Judge: Pierre=Louis, Filed On: August 15, 2023, Case #: A-32-22, Categories: Criminal Procedure, Confrontation, Fair Trial
[Consolidated.] J. Goldberg affirms a Superior Court ruling dismissing consolidated complaints against Roman Catholic bishops in Rhode Island by three alleged victims of sexually abusive priests as time-barred, after determining that the church officials fell within the state law classification of non-perpetrator, even if their conduct, as the litigants contend, would be subject to criminal prosecution. The alleged victims argue that the accused Catholic bishops are criminally responsible as perpetrators of the sex crimes committed against them, based on the officials’ own conduct. However, state legislators “deliberately drew a clear dichotomy between perpetrator and non-perpetrator defendants for retroactive application of the statute of limitations.” Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: June 30, 2023, Case #: 21-32, Categories: Sex Offender, Conspiracy, Child Victims
J. Robinson vacates a lower court ruling in favor of Verizon New England, dismissing a consumer’s fraud and contract claims that the phone company should not have continued charging him until 2021 for a burglar alarm linking his residence to the Barrington Police station, after the station was demolished some time in the 2000s. Conflicting statements on when exactly the service line terminated and when the station was demolished reflect genuinely disputed issues of material fact. Vacated.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 13, 2023, Case #: 2022-32-A, Categories: Communications, Evidence, Contract