149 results for 'filedAt:"2023-05-18"'.
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J. Wedemeyer finds the lower court properly convicted defendant of rape of a child for forcibly having intercourse with an 11-year-old girl in the course of her walking home from a convenience store. The victim became pregnant as a result of the event and gave birth while still in elementary school. DNA confirmed defendant is the father of the baby. Evidence is sufficient to support defendant's convictions and sentence of 40 years in prison. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wedemeyer, Filed On: May 18, 2023, Case #: W2022-00671-CCA-R3-CD, Categories: Evidence, Sex Offender
J. Grosjean recommends dismissing, in part, an individual’s fraudulent inducement and warranty claims against Nissan pertaining to an allegedly defective 2022 Sentra. The individual fails to sufficiently support his fraud claim, as he does not show the manufacturer had knowledge of the alleged defect before the vehicle was sold.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: May 18, 2023, Case #: 1:22cv1581, NOS: Other Contract - Contract, Categories: Fraud, Vehicle, Warranty
J. Overstreet finds that the appeals court properly found for the village and reversed dismissal of the village's complaint alleging the developer breached an annexation agreement by refusing its request for a letter of credit to secure completion of roads in the subdivision. The developer is bound by the annexation agreement as successor owners of the land subject to the agreement. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: May 18, 2023, Case #: 128612, Categories: Property, Contract
J. Geiger finds that the trial court properly allowed plaintiffs to continue class claims contending a luxury apartment complex falsely stated security personnel would be stationed around the clock at each entrance because the waiver of the right to maintain a class action complaint was unenforceable since such was not included in the mandatory arbitration agreement. Affirmed.
Court: New Jersey Appellate Division, Judge: Geiger , Filed On: May 18, 2023, Case #: A-0674-22, Categories: Arbitration, Fraud, Class Action
J. Hixon finds the trial court properly granted summary judgment to the mental health facility who refused admittance to the potential psychiatric patient. The potential patient, a truck driver, was having a PTSD episode at a truck stop. Medical examination found meth in his system and the mental health facility refused him admittance based on the lack of clarity as to whether or not the episode was precipitated by a reaction to drugs or was a genuine schizophrenic episode. The driver was released from care and returned to the truck stop where he hassled another driver, stole a truck and was shot dead when he attempted to stab the other driver’s wife. No patient-physician relationship existed between the driver and the mental health facility based upon a “four minute” phone conversation between the original examiner and the psychiatrist. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixon, Filed On: May 18, 2023, Case #: 119331, Categories: Health Care, Medical Malpractice
[Modified.] J. Banke modifies several paragraphs of a zoning opinion with no change in judgment. The trial court erred when it refused to compel a city to issue a certificate of compliance for a single lot. The lot was conveyed before the 1972 enactment of the Subdivision Map Act, which provides for a presumption of legality where a lot has been conveyed in a group of fewer than five lots prior to the Act's enactment. Reversed.
Court: California Courts Of Appeal, Judge: Banke, Filed On: May 18, 2023, Case #: A162465, Categories: Property, Zoning
J. De Santos denies writ relief to the county in a car collision case who wanted a driver to undergo a neuropsychological examination but also wanted to bar the driver's attorney from viewing the raw test data and related materials. The trial court was within its discretion to order that the driver's counsel have access to the data, even if that meant no licensed psychologist would comply without violating professional obligations to shield such results from non-psychologists.
Court: California Courts Of Appeal, Judge: De Santos, Filed On: May 18, 2023, Case #: F084849, Categories: Evidence, Tort, Experts
Per curiam, the appellate division finds that the lower court improperly denied the property owner's motion for a temporary license to access an adjoining property to install rooftop and chimney protections on its building. The property owner established that the access was necessary to finish the building's facade, and that the neighbor had denied it access to their property after extended negotiations. The appropriate remedy was not to deny the property owner's motion outright, but to resolve the parties' safety dispute at a hearing. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 18, 2023, Case #: 02748, Categories: Administrative Law, Property
J. O'Brien finds that the lower court properly convicted defendant of a DUI, but improperly convicted him of obstructing justice for refusing to provide a blood and urine sample. Defendant's refusal to submit to medical testing does not amount to concealment within the meaning of the obstructing justice statute, as he took no action to place his blood or urine out of sight but remained seated in a hospital laboratory. Reversed in part.
Court: Illinois Appellate Court, Judge: O'Brien, Filed On: May 18, 2023, Case #: 128170, Categories: Obstruction, Dui
J. Jolly finds the trial court properly denied defendant’s challenge of the validity of his guilty plea to child pornography crimes due to ineffective assistance of counsel. An FBI investigation into a particular website led to the discovery of an account bearing defendant’s IP address. A warranted search of defendant’s residence resulted in the seizure of digital storage equipment containing thousands of sexually graphic images of children. Defendant admitted to producing videos for online trade. The record shows that counsel investigated IP evidence, hiring an expert to evaluate defendant’s claims of improper tactics used in the government’s obtaining of the IP address. Defendant has failed to show prejudice or ineffective assistance. Affirmed.
Court: 5th Circuit, Judge: Jolly, Filed On: May 18, 2023, Case #: 21-10233, Categories: Ineffective Assistance, Plea, Child Pornography
J. Gonzalez finds in favor of a NYPD officer on the litigant’s remaining malicious prosecution claim. The claim, which stems from charges that he obstructed governmental administration when he prevented first responders entry into his apartment on suspicions of child abuse, had been dismissed prior to trial, but was later reinstated by the U.S. Supreme Court after trial and remanded back to district court. The court finds the officer is entitled to qualified immunity and a jury would not have been able to conclude he lacked probable cause to arrest the litigant for failure to allow entry.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 18, 2023, Case #: 1:14cv7349, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Police Misconduct
J. Harris finds the district court properly entered summary judgment in favor of the law firm in this suit brought by one of its lawyers who disputes his share of a contingency fee received in a trade secrets case. The firm deposited $1 million into the lawyer’s account and asked him to sign a release of all claims. He refused to sign the release, keeping the money and continuing to work at the firm. All evidence shows that the lawyer failed to return the funds within a reasonable time and made no effort to even after filing suit. There is no error in the conclusion that the lawyer’s actions constitute acceptance of the accord and satisfaction as a matter of law. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 18, 2023, Case #: 20210591-CA, Categories: Administrative Law, Attorney Fees, Contract
Per curiam, the circuit finds that the district court properly ruled for toymaker Hasbro in misappropriation and unfair competition claims brought after the company introduced mashups of popular board games. An inventor sought royalties based on claims that he pitched ideas for "Connect 4 Scrabble" and "Jenga Twister," but game combinations are common industry practice, and nothing he proposed was so novel as to raise material issues of fact. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 18, 2023, Case #: 22-741, Categories: Unfair Competition, Business Practices
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to possessing a sexual performance by a child, criminal solicitation, and attempted distribution of indecent material to a minor. Defendant contends his Alford plea was involuntary, but the record indicates he reviewed all discovery material and discussed the implications of such with counsel before choosing to go the Alford route to avoid a lengthier prison term. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 18, 2023, Case #: 112190, Categories: Evidence, Plea, Child Pornography
J. Gallagher finds the lower court improperly vacated the Board of Education's decision to permanently revoke the teacher's license. The evidence clearly indicates the teacher engaged in "conduct unbecoming of an educator" when he assaulted a student and pushed him into a window that shattered and caused lacerations. Whether the behavior was severe enough to permanently revoke the teacher's license was immaterial, as the lower court's scope of review was limited to whether the conduct occurred; therefore, the board's original decision must be reinstated. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: May 18, 2023, Case #: 2023-Ohio-1672, Categories: Education, Licensing
J. Orme finds the trial court properly denied defendant’s motion to withdraw his guilty plea to aggravated murder after confessing to the racially motivated murder of his Black Cuban cellmate. Defendant, a white skinhead, confessed with a handwritten letter detailing his feelings, method and specific actions taken during the murder. Defendant has not demonstrated that various cell changes and interviews following the death were intended to make him vulnerable or result in involuntary incriminating statements. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: May 18, 2023, Case #: 20180322-CA, Categories: Evidence, Murder, Plea
J. Siddoway finds that the lower court improperly found in favor of two individuals in a quiet title dispute with the town of Rockford. The lower court quieted title to allegedly undeveloped roads, and the two relied on a nonuser statute that existed nearly a century ago to say the roads go back to their predecessor in interest if they've been opened to the public for more than five years. But that statute applied to county roads, and it stopped applying to the roads in question in 1890 when the relevant property was annexed and became part of the town. Reversed.
Court: Washington Court Of Appeals, Judge: Siddoway, Filed On: May 18, 2023, Case #: 38906-5-III, Categories: Municipal Law, Property
J. Silva grants the county’s motion for summary judgment in this suit brought by its former employee alleging wrongful termination and disability and race discrimination, and that she was fired for filing a workers’ compensation claim. It is undisputed that the employee failed to present any claim within two years of her termination, and that claim is time-barred. The employee was a temp worker, and the only evidence in the record indicating a hostile work environment is her own subjective, unsupported belief that her coworkers’ rudeness was based on her race.
Court: USDC Nevada, Judge: Silva, Filed On: May 18, 2023, Case #: 2:20cv1811, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
Per curiam, the circuit finds that the district court improperly set damages in claims contending plaintiff had been denied insurance coverage for a fire on grounds that she did not occupy the home. The insurer failed to rebut plaintiff's contention that she had not been provided a written policy outlining the residency requirement, but she had been awarded the $358,000 face value of the policy without providing details about rebuilding costs. On remand, she must submit such evidence, which the insurer may attempt to rebut.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 18, 2023, Case #: 22-86, Categories: Insurance, Damages, Contract
J. Reynolds Fitzgerald finds that a county sheriff properly terminated a deputy for misconduct based on testimony that the deputy sexually harassed two female coworkers on multiple occasions, both at work and off-duty. Termination did not constitute excessive punishment given the record of the incidents. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: May 18, 2023, Case #: 535390, Categories: Employment