164 results for 'filedAt:"2023-08-17"'.
Per curiam, the appeals court suspends attorney Thomas Gotimer, who failed to register as an attorney or pay biennial fees, then failed to cooperate with a disciplinary investigation related to his mishandling of two criminal matters. Gotimer has not appeared in this proceeding whatsoever.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: August 17, 2023, Case #: 04348, Categories: Attorney Discipline
[Consolidated.] Per curiam, the appeals court orders a new trial for two defendants who were sentenced to 12 years in prison for robbery and attempted gang assault. The trial court did not follow protocol when it addressed their Batson objections to peremptory challenges that arguably excluded non-white prospective jurors based on their race; the full challenges were not allowed to be presented to the court.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: August 17, 2023, Case #: 04349, Categories: Fair Trial, Jury, Robbery
J. Gleason grants the city's motion for partial summary judgment regarding an individual's allegations of violation his constitutional rights relating to his arrest for disorderly conduct and harassment after he allegedly said “Oh look, a pig” to an officer. The charges against the individual were eventually dismissed. The municipal ordinance which prohibits an individual from creating a “loud noise in a public place with the intent to disturb others or in reckless disregard of the peace and privacy of others” is not facially unconstitutional.
Court: USDC Alaska, Judge: Gleason, Filed On: August 17, 2023, Case #: 3:22cv265, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Spain finds that the trial court properly ruled in favor of the ex-wife regarding the division of marital assets in a divorce. The ex-husband's personal injury settlement was correctly deemed community property since he gave insufficient evidence it was his separate property. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 17, 2023, Case #: 14-22-00171-CV, Categories: Family Law, Property
J. Spain finds that the trial court properly dismissed the inmate's suit against the criminal district attorney from his criminal proceeding, in which he was convicted of aggravated assault with a deadly weapon. The inmate's suit "was an impermissible civil attack on a final criminal conviction and was not an appropriate vehicle to reverse or vacate his conviction." Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 17, 2023, Case #: 14-22-00329-CV, Categories: Civil Procedure
J. Wilson finds that the trial court properly ruled in favor of the insurers on a homeowner's suit involving a claim for damage resulting from Winter Storm Uri. The language of the policy limited coverage for freeze-related water damage to $10,000. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 17, 2023, Case #: 14-22-00680-CV, Categories: Insurance, Contract
J. Wilson finds that the lower court improperly ruled in favor of the decedent's independent executrix in a property dispute involving the collection of rent from the decedent's stepson. Based on the language of the deed, full title to the property was passed to the stepson, and rent should not have been awarded to the executrix. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 17, 2023, Case #: 14-22-00080-CV, Categories: Property, Wills / Probate
J. Wardlaw finds that the district court properly issued an order preliminarily enjoining Idaho’s Fairness in Women’s Sports Act , which is a ban on the participation of transgender individuals in women’s student athletics. The district court did not abuse its discretion when it found that the athletes were likely to succeed on the merits of their claim that the Act violates the Equal Protection Clause of the Fourteenth Amendment. Affirmed.
Court: 9th Circuit, Judge: Wardlaw, Filed On: August 17, 2023, Case #: 20-35813, Categories: Civil Rights, Constitution, Education
J. Rick finds that an investment company's petition to demolish a home in a historic district was properly denied because the company failed to prove lack of community interest to preserve the property, and citizens opposed demolition. Affirmed.
Court: Michigan Court of Appeals, Judge: Rick, Filed On: August 17, 2023, Case #: 361791, Categories: Property
J. Horton finds the trial court properly entered summary judgment in favor of the judge in this suit alleging malicious prosecution and civil conspiracy brought by the process server who was arrested after disrupting the court’s proceedings when attempting to serve the judge. No evidence has been shown to refute summary judgment evidence that the judge didn’t instruct the bailiff to arrest the process server, didn’t speak to the authorities who investigated the arrest, and never spoke to the district attorney who made the decision to bring charges. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 17, 2023, Case #: 09-21-00084-CV, Categories: Evidence, Malicious Prosecution
J. Doughty, on remand from the Fifth Circuit, finds that two owners of a tract of northwest Louisiana land atop vast quantities of natural gas, have proved they suffered damages for the loss of royalties, due to the calculations of a bank that managed their oil and gas assets. The ruling also finds the property owners have been damaged as a result of the fault of a named bank employee. A briefing schedule on the damage issue is set for September 6, 2023.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 17, 2023, Case #: 5:16cv1152, NOS: Other Contract - Contract, Categories: Energy, Evidence, Damages
J. Martin finds the trial court improperly denied defendant’s motion to withdraw his guilty plea for aggravated vehicular hijacking for which he was convicted and sentenced to a mandatory term of natural life pursuant to the Habitual Criminal Act. The trial court’s finding that defendant understood a mandatory life sentence applied if he pled guilty is against the manifest weight of the evidence. The court abused its discretion by denying defendant’s motion to withdraw his guilty plea being that his lawyer argued that a life sentence would be discretionary. Reversed in part. Vacated in part and remanded.
Court: Illinois Appellate Court, Judge: Martin, Filed On: August 17, 2023, Case #: 1-21-1080, Categories: Evidence, Robbery, Sentencing
J. LeGrow finds that the trial court improperly overturned the accident board's decision by focusing on the employer's failure to submit invoices for utilization review because ongoing narcotics treatment an employee received for a back injury after June 2017 was unnecessary and thus uncompensable under the workers' compensation act. Reversed.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: August 17, 2023, Case #: 441, 2022, Categories: Workers' Compensation
Per curiam, the appellate division finds that the lower court properly declared valid a nominating petition for candidate for town board in the independent Uniting Bethlehem Party line. The county election board thought the petition fell short of collecting necessary signatures, but registered voters swore they signed the petition and witnesses vouched for signatures they personally observed. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 17, 2023, Case #: CV-23-1390, Categories: Civil Procedure, Elections
J. Groban finds that the trial court should have provided a jury instruction on imperfect self-defense at defendant's murder trial since it was supported by substantial record evidence. To prove the malice element of murder, the state must show the absence of imperfect self-defense beyond a reasonable doubt. The failure to provide an imperfect self-defense instruction where it is required by the record is a violation of the federal Constitution. So, the appeals court should have applied the federal reasonable doubt standard, not California's reasonable probability standard, to evaluate whether defendant was prejudiced by the omission of the instruction at trial. Reversed.
Court: California Supreme Court, Judge: Groban, Filed On: August 17, 2023, Case #: S272237, Categories: Murder, Self Defense, Jury Instructions
J. Johnson finds the district court properly issued a protective order sought by the wife against her husband. Sufficient evidence had been shown to support the court’s finding that family violence was likely to occur in the future. The husband argues that a finding that violence is likely to occur in the future should not be based on evidence of past violence and that evidence of future intent should be required, though he cites no legal authority. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 17, 2023, Case #: 09-22-00325-CV, Categories: Evidence, Restraining Order
J. Colville allows a railway employee to continue age discrimination claims against Union Railroad since his second amended complaint sufficiently alleges he had been denied his rightful "last chance" to attend drug and alcohol treatment before termination. The 53-year-old employee cites multiple instances in which coworkers in their 20's and 30's received "last chance" notice before being let go, while he had been fired on the spot after he showed up late the morning of Independence Day and had to undergo impromptu drug testing, which detected insubstantial traces of alcohol in his system.
Court: USDC Western District of Pennsylvania, Judge: Colville, Filed On: August 17, 2023, Case #: 2:21cv718, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
[Consolidated.] J. Reidinger partially grants a sheriff summary judgment following allegations of malicious prosecution and negligence by a gravestone company owner after the sheriff arrested him three times in four months. The owner was unable to fulfill multiple customer contracts based on cemetery regulations and invariably told customers he would “take care of” whatever problems arose. But he failed to follow through while keeping the money they’d invested. The sheriff had a right to arrest the owner each time based on the charge of obtaining property under false pretenses. However, the sheriff’s surety bond waives governmental immunity as it applies to the bond company and the sheriff himself, so the owner may proceed on negligence claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 17, 2023, Case #: 1:22cv37, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Negligence, Contract