13 results for 'casenum:"40"'.
J. Rabner finds that the appellate division improperly rejected an employee's constitutional challenge in claims contending she had been prohibited from talking about an internal sexual harassment complaint she filed against a supervisor because a duration had not been imposed upon the request that witnesses and involved parties refrain from discussing the case, and the request concerned a large swath of protected speech. Reversed.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: May 6, 2024, Case #: A-40-22, Categories: Constitution, Employment Discrimination
Per curiam, the court of appeals finds that the appellate division properly enhanced defendant's sentence on grounds that he violated plea conditions prior to sentencing because sufficient inquiries had been made into misconduct he allegedly committed upon returning to jail, and defendant had a chance to dispute those findings. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 40, Categories: Sentencing, Plea
J. Rambin reverses a trial court order denying a male noncitizen’s request to dismiss a criminal misdemeanor charge against him, pursuant to the governor’s order to jail migrants for illegally crossing the Texas-Mexico border. Citing similar evidence in precedent cases, the non-citizen met his burden of showing the governor’s order has the discriminatory effect and purpose of selective prosecution based on gender discrimination. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 16, 2024, Case #: 06-24-40-CR, Categories: Constitution, Immigration, Trespass
J. Lauber finds for the commissioner of internal revenue in collection due process claims concerning unpaid taxes because the taxpayer failed to timely file the petition for judgment on the pleadings.
Court: U.S. Tax Court, Judge: Lauber, Filed On: April 8, 2024, Case #: 2024-40, Categories: Civil Procedure, Tax
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J. Massa finds that defendant was improperly convicted of multiple firearms charges because evidence did not indicate defendant knowingly possessed a firearm constituting a machine gun. The conviction included the lesser offense of dangerously possessing a firearm, and thus other convictions should be dismissed for violating double jeopardy. Affirmed in part.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 12, 2024, Case #: 23S-JV-40, Categories: Firearms, Double Jeopardy
J. Wood finds the trial court properly convicted defendant for aggravated assault, sentencing him to two years’ probation, a $250 fine, court costs and anger-management class attendance. The boyfriend of defendant’s ex-girlfriend testified that defendant drove his car at a high rate of speed at him, on his own property, and had previously threatened him. The boyfriend, who knew the ex “carried,” fired a warning shot into the ground and called 911. The girlfriend, alerted by the shot, looked outside to see defendant leaving. Defendant returned later, driving back and forth in front of the house and the police were called again. Substantial evidence supports the finding that defendant purposely accelerated his vehicle to within five feet of the boyfriend, creating a substantial danger of death or serious injury and showing indifference to the value of human life. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 4, 2023, Case #: CR-23-40, Categories: Evidence, Assault
J. Virden finds the circuit court properly awarded $39,085 in attorney fees to the estate administrator in the underlying trust-administration case regarding the removal of the trustee. Detailed findings were made regarding how the amount was calculated, and nothing indicates that the court granted the award without due consideration. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: September 20, 2023, Case #: CV-21-40, Categories: Trusts, Wills / Probate, Attorney Fees
J. Garcia finds that the appellate division improperly held that a union contract bound the town to arbitrate termination of an exempt, confidential employee because under New York's civil service system, exempt-class employees, who include deputies and secretaries chosen by elected officials rather than assigned by merit, are understood to be at-will workers. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: May 23, 2023, Case #: 40, Categories: Arbitration, Employment, Labor / Unions