196 results for 'filedAt:"2023-12-20"'.
Per curiam, the Minnesota Supreme Court suspends attorney Samuel McCloud for a minimum of 90 days with two years of supervised probation following reinstatement for missing a hearing, practicing law while suspended, and impermissibly disclosing a client's confidential information.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: December 20, 2023, Case #: A22-0800, Categories: Attorney Discipline
J. Walker finds that the court of appeals should have upheld defendant's conviction for committing sexual assault by penetrating the victim's sexual organ with his sexual organ because any error as to whether penetration occurred with defendant's sex organ or his mouth did not rise to the level of egregious harm. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Walker, Filed On: December 20, 2023, Case #: PD-0918-20, Categories: Sex Offender
J. Johnson finds the trial court properly found defendant guilty of continuous sexual abuse of a child. The forensic interviewer testified the 14-year-old victim described multiple incidents occurring since she was 11 where her father raped and molested her. The interviewer and a detective testified as to the child's truthfulness and guarded demeanor, and other behaviors that indicated she was telling the truth. All evidence, including a DNA match, supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 20, 2023, Case #: 09-23-00007-CR, Categories: Evidence, Sex Offender, Child Victims
Per curiam, the circuit finds the district court properly enforced a settlement agreement in a case arising from an incident where a draping towel was left in the patient's abdomen after surgery. Although the patient changed his mind about settling, he fails to show his attorney did not have authority to settle.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 23-20102, Categories: Settlements, Medical Malpractice
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J. Elrod finds the district court improperly sentenced defendant for his guilty plea conviction for conspiracy to commit wire fraud. A prior incident involving meth possession was improperly cited as criminal history rather than relevant conduct in the written judgment and must be amended to conform with the oral pronouncement made at trial. Affirmed.
Court: 5th Circuit, Judge: Elrod , Filed On: December 20, 2023, Case #: 22-11039, Categories: Fraud, Sentencing, Theft
Per curiam, the court of appeal finds that the trial court improperly imposed court costs and fees following defendant's conviction for fleeing law enforcement and reckless driving because evidence did not support the court imposing a public defender assistance fee greater than the $100 minimum felony fee. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 20, 2023, Case #: 1D2022-2823, Categories: Resisting Arrest, Attorney Fees
J. Bennett denies a student group’s motion for preliminary injunction in this lawsuit to enjoin the Naval Academy and its individual officials from using race as a consideration for admissions. The group alleges that considering race as a factor is a violation of equal protection when admissions is rejected. The evidence presented by the group does not show that the academy discriminated against prospective students due to race.
Court: USDC Maryland, Judge: Bennett, Filed On: December 20, 2023, Case #: 1:23cv2699, NOS: Education - Civil Rights, Categories: Education, Equal Protection, Injunction
J. Tabor finds that the lower court improperly held that an employee's request to review and reopen workers' compensation claims was barred by res judicata because the employee had not presented an identical issue in the original compensation proceedings since he had been newly diagnosed with depression related to his original injury. Reversed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: December 20, 2023, Case #: 22-1917, Categories: Civil Procedure, Workers' Compensation
J. Evanson grants the consent decree between the nonprofit organization and the general contractor for the former's complaint accusing the latter of discharging stormwater and other pollutants into the Duwamish Waterway, which flows to Puget Sound. Among other stipulations, the general contractor will electronically forward copies of all submissions and written communications for the facility to the nonprofit organization on a monthly basis.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 20, 2023, Case #: 2:22cv848, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. North grants summary judgment to a school board, dismissing the employment retaliation claims of a full-time high school English teacher who was relieved of his duties coaching the boys' basketball team after posting losing seasons. The teacher alleges he was fired from his coaching job in retaliation for filing a sexual harassment suit against the female school principal who previously investigated him for statewide violations of rules for student athletes. The board argued the teacher’s claims were unsubstantiated and the school superintendent gave the teacher a second chance at the coaching job, which he failed. Because the teacher cannot establish a clear case of employment retaliation, the school board is not required to offer a non-retaliatory reason for the adverse employment action against him as a basketball coach.
Court: USDC Eastern District of Louisiana , Judge: North, Filed On: December 20, 2023, Case #: 2:21cv1081, NOS: Other Civil Rights - Civil Rights, Categories: Education, Evidence, Employment Retaliation
J. Zahn upholds the trial court's evidentiary rulings in a trial that ended with defendant's conviction for assault on a police officer. It properly excluded evidence of his civil suit against the police department as irrelevant, admitted evidence that his gun fired after he was tased and excluded video evidence of police returning fire. And the exclusion of video showing that he did not fire his gun a second time was harmless error. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: December 20, 2023, Case #: 48949-2021, Categories: Evidence, Assault
J. Bower finds that the lower court properly declined to modify a custody order because the mother's divorce from her current husband did not constitute a significant change of circumstances. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: December 20, 2023, Case #: 23-0075, Categories: Family Law
J. Miller finds the lower court properly dismissed a charge against defendant for trafficking more than 1,000 grams of synthetic cannabinoids deriving from cereal bars containing THC law enforcement seized from his home along with marijuana plants. Because the prosecutor could not prove the THC in the cereal bars was artificially produced or otherwise synthetic in origin and not derived from part of the cannabis plant based on a chemist's testing, and because the term "synthetic cannabinoids" is not defined in the relevant Florida statutes, a case cannot be properly made for the dismissed charge. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: December 20, 2023, Case #: 22-0524, Categories: Drug Offender, Evidence
J. Scott finds that the lower court properly declined to suppress evidence obtained in a traffic stop in defendant's trial for carrying weapons because the vehicle in which plaintiff had been riding as a passenger was observed crossing the center line, and the stop was justifiably extended after the officer smelled marijuana coming from the vehicle. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: December 20, 2023, Case #: 22-0023, Categories: Drug Offender, Search, Weapons
J. Windhorst finds that defendant was properly convicted on eight counts of possession of pornography involving juveniles under the age of thirteen. There was evidence presented that a police officer, using a P2P network, downloaded child pornography from a device connected to defendant’s IP address. During a search of defendant's residence, the police found defendant’s electronic devices that contained child pornography in his bedroom, downstairs in the living room, and in a backyard shed. Further, the child pornography found on defendant’s devices from 2010 was highly relevant and probative of defendant’s charges in that it showed his lustful disposition towards children. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 20, 2023, Case #: 23-KA-149, Categories: Evidence, Sex Offender
Per curiam, the appeals court finds the trial court improperly dismissed with prejudice the mold services company's breach of contract lawsuit seeking payment for mold remediation services it provided for the insurance company's insured. The appeals court incorrectly dismissed on grounds that the mold services company's assignment agreement with the insured charged an unlawful administrative fee, as the nature of the fee, namely whether it was clerical or for a supervisor at the job site, is a factual dispute that needs to be resolved. The case is remanded for the trial court to determine whether the disputed fee counts as an administrative fee. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 20, 2023, Case #: 23-0240, Categories: Insurance, Contract
J. Land denies the employee's motion for default judgment as to the company in an employment retaliation action alleging violations of the Fair Labor Standards Act for failure to pay overtime but grants the motion with respect to the security company. The employee only properly served the amended complaint on the security company at the time of the motion for default judgment. The employee is entitled to a $24,000 judgment plus $800 in costs.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:23cv47, NOS: Fair Labor Standards Act - Labor, Categories: Employment Retaliation, Labor
J. Whitney denies a nails business’s motion to stay litigation following allegations of patent infringement brought by a pedicure spa chair company. The company claims the nails business contributed to patent infringement when it purchased a particular chair model from a third party in Texas, which it sued five months previous to the current suit for similar reasons. The nails business agreed to be bound by the final outcome of the Texas case, not “any outcome,” as it argues here. Because the Texas case has not resolved and to the similarity of the cases, it is inappropriate to grant a stay.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:23cv533, NOS: Patent - Property Rights, Categories: Corporations, Patent, Business Practices
J. Hiraoka finds the lower court improperly denied reconsideration on the default of a lease as requested by a Department of Hawaiian Home Lands lessee because the order cancelling his lease was served by regular mail rather than first class mail. The court did not hold an evidentiary hearing to confirm when the lessee had actually received the document. The appeal was therefore timely, as it had been filed within the timeframe counting from when the lessee actually received the order, months after it was initially filed. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: December 20, 2023, Case #: CAAP-20-434, Categories: Property, Due Process, Foreclosure
J. Danilson finds that defendant was properly convicted of first-degree robbery for stealing handbags from women at gunpoint on two separate occasions because defendant failed to preserve error on claims challenging the admissibility of photo lineups. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: December 20, 2023, Case #: 22-1641, Categories: Robbery, Identification
J. Chicchelly finds that a father's parental rights were properly terminated due to mental health issues and charges contending he sexually abused his girlfriend's daughter, as well as failures to maintain consistent visitations and stable housing. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: December 20, 2023, Case #: 23-1644, Categories: Family Law