24 results for 'filedAt:"2023-11-24"'.
J. Christiansen Forster finds that the trial court's parental termination order was based on a valid determination that it was strictly necessary and placement options other than termination and adoption were not feasible. The father was not prejudiced by delays in the completion of paperwork required by the Interstate Compact on the Placement of Children. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: November 24, 2023, Case #: 20220635-CA, Categories: Family Law
J. Luthy finds that defendant's motion to have his appeal of a murder conviction reinstated was timely. On remand, the trial court must make findings about whether the trial court and counsel properly informed him of his right to appeal before determining if his appeal may proceed. Vacated in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 24, 2023, Case #: 20210181-CA, Categories: Murder, Plea
[Consolidated.] J. Donohue finds that the superior court improperly reversed a lower court’s denial of defendant’s Post Conviction Relief Act petition for relief alleging that her counsel was ineffective at the trial for her murder of her newborn who she suffocated by placing in plastic bags. The decision ignored the lower court’s credibility determinations. Vacated.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: November 24, 2023, Case #: J-35A-2023, Categories: Criminal Procedure, Murder, Sentencing
J. Todd finds that the superior court properly found that a bipolar, schizophrenic murderer cannot pursue this medical malpractice complaint seeking compensatory damages against his treating psychiatrist and health care providers, claiming that his criminal conduct was the result of his psychiatrist’s grossly negligent treatment. The “no felony conviction recovery” rule blocks the murderer from profiting off his own criminal conduct. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: November 24, 2023, Case #: J-8A-B-2023, Categories: Civil Procedure, Damages, Medical Malpractice
J. Christiansen Forster holds that the district court must revisit its $20,000 restitution order to establish if a homeowner's damages resulted from defendant's theft of his possessions. Defendant agreed to pay restitution for the burglary he pleaded guilty to, but he never admitted responsibility for property damages or losses. Vacated.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: November 24, 2023, Case #: 20220275-CA, Categories: Burglary, Theft, Restitution
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J. McEvers finds that the district court properly denied a company's motion to vacate default judgment concerning a contract for deed dispute over the sale of a mobile home park. The dispute involved nonpayment of a final balloon payment of $406,414 when it became due on December 1, 2022. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers , Filed On: November 24, 2023, Case #: 2023ND216, Categories: Property, Contract
J. Harris finds that the trial court was within its discretion to draw a reasonable inference that the store whose manager called police owned the parking lot where defendant was arrested for criminal trespass. Both direct testimony and circumstantial evidence indicated that the store owned the lot. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: November 24, 2023, Case #: 20220599-CA, Categories: Trespass
J. McEvers finds that the district court properly entered criminal judgment for unauthorized use of personal identifying information. The matter stems from several red flags when defendant entered the bank and produced a check for cashing for $10,000. Sufficient evidence supported the criminal judgment. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: November 24, 2023, Case #: 2023ND223, Categories: Evidence, Banking / Lending
J. Todd finds that the lower court properly found that Philadelphia did not unconstitutionally discriminate against interstate commerce by subjecting a Philadelphia resident who worked exclusively out of state to its wage tax. Philadelphia’s tax scheme is both internally and externally consistent and is not discriminatory against interstate commerce. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: November 24, 2023, Case #: J-5A-B-2023, Categories: Civil Procedure, Government, Tax
J. Dougherty finds that the superior court properly reversed a venue transfer in this couple’s product liability case alleging negligent lawn mower design following a husband being thrown off the mower and having his legs run over by the blades. The proper venue is Philadelphia County since the record fails to indicate that the company’s products were not regularly available for sale there. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Dougherty, Filed On: November 24, 2023, Case #: J-6-2023, Categories: Civil Procedure, Product Liability, Jurisdiction
J. Jensen finds that the district court properly rendered judgment following a guilty plea by defendant on two counts of sexual assault. Defendant attempted to withdraw his guilty plea but was unable to show an alleged violation in the district court had an impact on his substantial rights. Afffirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: November 24, 2023, Case #: 2023ND213, Categories: Sex Offender
J. Jensen finds that the district court properly entered judgment after a jury verdict found defendant guilty of stalking. Defendant argues that the evidence presented at trial was insufficient to support the jury’s verdict. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: November 24, 2023, Case #: 2023ND222, Categories: Evidence
J. Tufte finds that the district court properly denied an individual's request for discharge from civil commitment. The individual was convicted of gross sexual imposition and indecent exposure, and was twice convicted of sexual assault. There is clear and convincing evidence that the individual has serious difficulty controlling his behavior based on both his past and present conduct. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: November 24, 2023, Case #: 2023ND218, Categories: Sex Offender, Commitment
J. Mortensen finds that the trial court did not impermissibly broaden the jury instructions in defendant's communications fraud trial to charge him with a different offense than those charged through the state's information. The removal of the phrase "to defraud another" narrowed, not broadened, the charge, so the change was not a constructive amendment to the instructions. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: November 24, 2023, Case #: 20210838-CA, Categories: Fraud, Restitution, Jury Instructions
J. McEvers finds that the district court improperly issued a domestic violence protection order prohibiting a husband from having contact with his wife for a two-year period. The wife's lack of specific testimony on how certain conduct created a fear of actual or imminent harm did not meet the requirement to issue the order. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: November 24, 2023, Case #: 2023ND219, Categories: Restraining Order
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant argued that he received ineffective trial and appellate representation. There was no persuasive evidence to establish ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: November 24, 2023, Case #: 2023ND215, Categories: Ineffective Assistance
J. Todd finds that the lower court improperly ordered a pair of registered Republican voters to pay the counsel fees incurred by Michael Doyle, a candidate for the Republican nomination to represent Pennsylvania’s 12th Congressional District, because they objected to his having the correct number of signatures to run in the May 2022 primary election. The court abused its discretion in ordering the objectors to pay such fees. Reversed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: November 24, 2023, Case #: J-36-2023, Categories: Elections, Government, Attorney Fees
J. Brobson finds that the lower court improperly preliminarily enjoined the Pennsylvania Department of Transportation from proceeding with any action for the debarment of the suing contractor as a prequalified bidder on PennDOT construction contracts based upon criminal charges filed against the contractor. The court failed to exercise equitable jurisdiction to award the contractor preliminary injunctive relief in this matter. Reversed.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: November 24, 2023, Case #: J-15-2023, Categories: Government, Jurisdiction, Contract
J. Crothers finds that the district court properly issued an order deferring imposition of a sentence imposed after a jury found defendant guilty of unlawful use of an operator’s license. The state charged defendant with unlawful use of a license alleging he showed a counterfeit Minnesota driver’s license to a police officer in Grand Forks, ND. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers , Filed On: November 24, 2023, Case #: 2023ND221, Categories: Sentencing
J. Tufte finds that the district court improperly denied a motion to compel arbitration in a matter involving an agreement to dissolve a law firm. The district court misinterpreted the agreement by finding the claims were not arbitrable. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: November 24, 2023, Case #: 2023ND224, Categories: Arbitration
J. Wilder-Domes grants a request by an investment firm and orders Louisiana’s largest public retirement system to respond to discovery requests by a private foundation in Austria seeking evidence for a criminal investigation of the foundation’s alleged loss of hundreds of millions of dollars by fraudulent purchases. The Louisiana pension system was one of several passive investors in a private equity fund that indirectly owned an Austrian company where three named executives are accused of misappropriating corporate funds. The Austrian foundation has filed similar discovery requests related to the international criminal probe with other passive investors in the federal Southern District of New York and Wisconsin.
Court: USDC Middle District of Louisiana, Judge: Wilder-Doomes , Filed On: November 24, 2023, Case #: 3:23cv365, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, International Law, Securities
J. Bahr finds that the district court improperly entered criminal judgment after defendant conditionally pleaded guilty to delivery of a controlled substance and possession with intent to manufacture or deliver a controlled substance. Defendant had a reasonable expectation of privacy in the rented bedroom and a reasonable officer would not believe the homeowner could consent to a search of the bedroom. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: November 24, 2023, Case #: 2023ND220, Categories: Drug Offender, Search