947 results for 'cat:"Due Process"'.
Per curiam, the Nebraska Supreme Court dismisses the landlord's appeal. The district court rejected the county court's finding in favor of the landlord in this eviction case and reversed. The case hinges on the question of whether or not the landlord was required to provide seven days' notice, according to Nebraska law, or 30 days per federal law. The tenant’s lease has expired, and she no longer resides in the property at issue. Therefore, the case is moot.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 31, 2024, Case #: S-23-438, Categories: Landlord Tenant, due Process
J. Lewis denies defendant's petition for a writ of certiorari to challenge the trial court's denial of his request to withdraw his guilty plea. Defendant pleaded guilty to unauthorized use of a motor vehicle and was given a suspended sentence of 4 years in prison. The motion to withdraw his plea was filed 13 days after the pronouncement of judgment and sentence, and the court deemed it untimely. Defendant had adequate notice of the 10-day deadline, and his status as a pro se litigant has no effect on this. No abuse of discretion is found, and counsel's motion to supplement the record is denied as unnecessary.
Court: Oklahoma Courts Of Appeal, Judge: Lewis , Filed On: May 30, 2024, Case #: C-2023-725, Categories: Plea, Vehicle, due Process
J. Herndon finds the district court improperly denied the postconviction petition for a writ of habeas corpus. The court had determined an evidentiary hearing was warranted on the petition, arising from defendant's conviction on kidnapping and domestic violence charges. Due to a communication error, defendant was not transferred from prison to the hearing, which proceeded without a waiver of his right to be present, which was not a harmless error. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: May 30, 2024, Case #: 86029, Categories: Habeas, Domestic Violence, due Process
J. Howe finds a lower court improperly revoked an incapacitated, 63- year-old wheelchair- bound female's eligibility to vote. The State argued that it was obligated to revoke her voting rights based on her unspecified dementia, memory loss, and lack of cognitive communication. However, she sufficiently showed in court that her due process and equal protection rights were violated based on lack of a determination of her voting capacity before revocation. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Howe, Filed On: May 30, 2024, Case #: 1 CA-CV 22-710, Categories: Civil Rights, Elections, due Process
J. Silva finds that the lower court improperly granted summary judgment in this lawsuit arising from a real estate transaction. The court concludes that the "withdrawal of the submission date precluded it from granting" summary judgment to the appellee. The failure to set a new date with proper notice deprived the appellant of its due process rights. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: May 30, 2024, Case #: 13-23-00206-CV, Categories: Civil Procedure, Real Estate, due Process
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J. Graves finds that the district court improperly sentenced defendant on his guilty plea conviction for conspiracy to distribute cocaine. The district court adopted certain "facts" in a pre-sentence report that lacked an adequate evidentiary basis. The application of the career offender enhancement to defendant's conviction was improper. Vacated.
Court: 5th Circuit, Judge: Graves , Filed On: May 30, 2024, Case #: 21-30739, Categories: Drug Offender, Sentencing, due Process
J. Turner finds that the lower court properly dismissed the residents' challenge to the zoning board's approval of a conditional use permit to a wind farm, granting a height variation to accommodate wind turbines. The residents were not denied due process, even if they only found out about the zoning board hearing two weeks beforehand. The record shows that the residents had a meaningful opportunity to be heard, as the notice of hearing had been on file for quite some time. Affirmed.
Court: Illinois Appellate Court, Judge: Turner, Filed On: May 29, 2024, Case #: 230726, Categories: Energy, Zoning, due Process
J. Murphy finds that the circuit court properly denied the son's claim against his father's estate. The son filed a claim against the estate for $733,122 for debts allegedly incurred by businesses the father established in the son's name when he was a minor, with no ownership responsibilities. The estate administrator denied the claim because the son submitted it in his individual capacity. The son's attorney stated that he received no notice that the court would consider the disallowance of claim, though he never asked for clarification regarding the matters to be considered. It is not clearly erroneous for the court to find that the son was not misled regarding the subject of the hearing. There was substantial compliance with the Probate Code and the son received sufficient notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: May 29, 2024, Case #: CV-21-422, Categories: Debt Collection, Wills / Probate, due Process
J. Suddaby enters judgment in favor of a sheriff's department on all federal claims asserted in a civil lawsuit brought by a local hemp grower. Local law enforcement did not violate his constitutional rights when they searched his property and seized his plants, which they initially believed were illegal marijuana plants, after they caught several unknown individuals stealing plants from what they claimed was an illegal marijuana plant site. The court, however, declines to exercise its jurisdiction on the hemp grower's state law claim for negligence and remands the trimmed-down complaint to state court.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: May 28, 2024, Case #: 1:20cv1620, NOS: Other Civil Rights - Civil Rights, Categories: due Process, Police Misconduct
J. Swiney finds that the trial court properly denied the John Doe company's motion to void the judgment dismissing this legal malpractice case in which the company alleges that its former counsel failed to inform it of the expiration of a judgment the company obtained in an underlying lawsuit more than a decade ago. The judge who entered the dismissal based on the company's failure to timely bring the action had represented a third-party in the underlying suit before becoming a judge, but the company did not alert the judge of his prior relationship to the third-party until more than four months after the judge had entered his judgment. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: May 28, 2024, Case #: E2023-00236-COA-R3-CV, Categories: Judiciary, due Process, Legal Malpractice
J. Gabriel finds the trial court did not violate defendant's right to a fair trial when she refused to recuse herself following an admission she had been the victim of a "road rage" incident similar to the crime with which defendant had been charged. Not only was there no implication or evidence of any bias, defendant's conduct was substantially different than that experienced by the judge, who was not the intended target of the gunshots and was not injured during the shooting. Affirmed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: May 28, 2024, Case #: 2024CO33, Categories: Fair Trial, Judiciary, due Process
J. Toth finds the Board of Veterans Appeals improperly refused to consider the Navy veteran's notice of disagreement and request for extension. The board denied the veteran's claim for heart disability compensation 20 years after it was made. The veteran had filed the disagreement 2 weeks after the deadline, citing having had open heart surgery in his request for an extension. The board ruled the untimely filing deprives it of jurisdiction, yet still considered and rejected the request for a good cause extension of the deadline. The deadline is a claim-processing rule, not involving jurisdiction; therefore, the board must consider the veteran's extension request. Vacated.
Court: Court Of Appeals For Veterans Claims, Judge: Toth , Filed On: May 28, 2024, Case #: 21-3467, Categories: Health Care, Veterans, due Process
J. Brnovich grants a town's motion to dismiss a former police officer's due process rights under the Peace Officers' Bill of Rights violations. The town sufficiently showed in court that it terminated the former police officer's role for making inappropriate and unprofessional remarks to department employees, and that his at-will status does not entitle him to due process protection.
Court: USDC Arizona, Judge: Brnovich, Filed On: May 28, 2024, Case #: 2:23cv2215, NOS: Employment - Civil Rights, Categories: Employment, due Process
J. Rothschild finds that the trial court properly denied a petition for a writ of mandate filed by two university students challenging their expulsions. They were not entitled to live witness testimony, cross-examination or the names of witnesses in university administrative hearings since they were accused of violating school rules against hazing fraternity pledges, not of sexual misconduct. And the hearings gave them the opportunity to mount defenses, which did not dispute their conduct but focused on the applicability of school policies against hazing. Affirmed.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: May 28, 2024, Case #: B325545, Categories: Education, due Process
J. Howell grants the State Department's motion to dismiss the naturalized citizen's suit alleging an unreasonable delay in the adjudication of her daughter's visa application. The agency's delay was not unreasonable, given the visa backlog and operational delays caused by the Covid-19 pandemic, and the citizen has not adequately alleged that it was caused by bad faith or intentional. A due process claim also fails.
Court: USDC District of Columbia, Judge: Howell, Filed On: May 28, 2024, Case #: 1:22cv1714, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Immigration, due Process
J. Armstead denies the dentist's writ seeking an order prohibiting the regulatory body from continuing its investigation into possible harm he caused an elderly patient in 2021 when the patient, who was taking Plavix, had to be hospitalized for nine days following surgery to remove an infection from the lower jaw line. The court finds that the Board did not exceed its statutory authority when in July 2023 it extended the time to issue a final ruling sometime within the next year, and the dentist had other means of relief available such as a direct appeal of the Board's decision.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead , Filed On: May 24, 2024, Case #: 23-431, Categories: Administrative Law, Government, due Process
J. Mackey finds that the lower court improperly dismissed an objection to New York's assessment of an "opioid epidemic surcharge" on manufacturers and distributors that incorporate the drug into prescriptions in order to fund a surge in addiction services related to opioid abuse. Effective mid-2018, the governing legislation required payment retroactive to 2017, which failed to provide manufacturers and distributors sufficient forewarning of a new tax assessment. Limited remittal is required to determine the amount of any refund. Reversed in part.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: May 23, 2024, Case #: CV-23-0150, Categories: Tax, due Process
J. Tunheim partially grants the Minnesota Sex Offender Program officials' motion to dismiss the detainees' suit alleging failures to timely effectuate transfer orders. A procedural due process claim survives, but other claims are dismissed because the officials are entitled to qualified immunity, and a request for a peremptory writ of mandamus is denied because the transfer times are not so clearly unreasonable that the program should not be afforded an opportunity to respond.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 23, 2024, Case #: 0:23cv486, NOS: Civil Detainee: Conditions of Confinement - Prisoner Petitions, Categories: Civil Rights, due Process
J. Allen finds the Board of Veterans Appeals improperly dismissed the adult daughter of the deceased Navy veteran's claim for adapted housing and automobile adaptive benefits. The board ruled the daughter, as substituted for her father, is only eligible for claims for periodic monetary benefits. However, the relevant code unambiguously provides that an eligible accrued benefits recipient can be substituted in a claim for any benefit. Reversed.
Court: Court Of Appeals For Veterans Claims, Judge: Allen , Filed On: May 23, 2024, Case #: 22-4670, Categories: Health Care, Veterans, due Process
J. Luthy finds that a Labor Commission Appeals Board properly upheld an administrative law judge's denial of a claim for permanent total disability benefits. The Board was within its discretion to consider an issue not considered since it relied on evidence that had been submitted to the administrative court. And substantial evidence that the worker did not suffer significant impairment in a slip and fall accident supported the denial.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: May 23, 2024, Case #: 20220797-CA, Categories: due Process, Workers' Compensation
J. Moll finds that the trial court did not violate an attorney's due process rights by conducting disciplinary proceedings concerning the disclosure of confidential and sensitive personal information to unauthorized parties because the attorney was afforded proper notice and presented a complete defense. However, the court improperly determined the attorney failed to safeguard funds and financial information because the relevant rule does not encompass discovery materials, and the attorney did not know that a subordinate transferred information from a hard drive to outside sources. Reversed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: May 23, 2024, Case #: AC46194, Categories: due Process, Attorney Discipline
Per curiam, the circuit finds that the district court properly entered summary judgment for FEMA after the agency disallowed previously approved public assistance funding for the college to repair property damaged by hurricane Katrina because the college was not statutorily protected from de-obligation, and the college failed to identify a property improvement for which FEMA strictly designated funds for repairs. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 22, 2024, Case #: 23-30085, Categories: Insurance, due Process, Agency
J. Rice dismisses a complaint brought by a podcaster and three licensed medical professionals challenging the Washington Medical Commission's investigations of the dissemination of false information about the Covid-19 virus. The podcaster and the licensed medical professionals do not allege a cognizable injury with concreteness and particularity, as the commission has not sanctioned them for their speak. Their due process claim fails because they cite inapplicable cases.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: May 22, 2024, Case #: 2:24cv71, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, due Process, Covid-19
J. Walker finds that the court of appeals properly declined to revoke deferred adjudication because the court violated defendant's right to due process by preventing him from participating in his own defense by muting his microphone during a Zoom teleconference. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Walker, Filed On: May 22, 2024, Case #: PD-0164-22, Categories: Probation, due Process
J. Klappenbach finds the circuit court improperly found for a roofer on his contract claim. The roofer was contracted to replace the roof on the owner's hotel and was removed from the premises by police after a dispute broke out. The owner submitted an affidavit in response to the motion for summary judgment in which he detailed the agreement and the events that led the roofer to leave the job site. The owner's version of events rebuts the roofer's claims the owner was the breaching party and owed him money when the dispute occurred. The case involves a "swearing match" in which the court determined the roofer's account was more credible. Summary judgment should not be granted if it is necessary to weigh the credibility of statements to resolve an issue. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 22, 2024, Case #: CV-23-18, Categories: Construction, due Process, Contract
J. Barret finds that the circuit court improperly dismissed a surgeon from wrongful death claims with prejudice in claims contending contrast dyes that had been used in placing heart stents caused the decedent kidney damage, as the decedent's widow had sent summonses and complaints to the surgeon's last known address in Costa Rica via registered mail. While the documents had been refused, service had been completed. However, negligent supervision claims were properly dismissed. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Barret , Filed On: May 22, 2024, Case #: CV-23-114, Categories: due Process, Wrongful Death, Medical Malpractice
J. Hixson finds that the circuit court should have awarded damages to plaintiffs, who have harvested property since 1940, based on interference with use. Plaintiffs allege entitlement based on adverse possession, while defendant contends conveyance occurred through a quitclaim deed, and the court denied damages for failure to provide evidence of the amount. However, the court was not limited to considering the rental value of the land in determining damages.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: May 22, 2024, Case #: CV-22-695, Categories: Property, Damages, due Process
J. Munley denies a borough’s motion to dismiss civil rights claims by a bar owner alleging the closure of the business was forced due to harassment and discrimination. The bar owner detailed many actions taken by the borough, including photographing patrons, negative comments, police visits and restaurant inspections, which provided sufficient support for the claims.
Court: USDC Middle District of Pennsylvania, Judge: Munley, Filed On: May 22, 2024, Case #: 3:22cv1175, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Licensing, due Process
J. McKeague finds the lower court erroneously granted the prison officials' motion for qualified immunity on Eighth Amendment claims brought by the inmate placed in solitary confinement for over three months. The officials were not only aware of the inmate's serious mental illnesses, which led to several suicide attempts and multiple instances of self-harm, including swallowing razor blades, but also disregarded the risk solitary confinement created when they failed to consider any alternatives. However, because of the unique facts of the inmate's mental illnesses and his history of disruptive and violent behavior, the use of solitary confinement - even in an extreme manner - did not implicate a liberty interest; therefore, the inmate cannot establish a due process violation and those claims were properly dismissed. Reversed in part.
Court: 6th Circuit, Judge: McKeague, Filed On: May 22, 2024, Case #: 23-1083, Categories: Immunity, due Process, Prisoners' Rights