172 results for 'filedAt:"2024-02-21"'.
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J. Golemon finds the trial court properly convicted defendant for felony possession of PCP. After defendant was pulled over for failure to stop at a stop sign, an officer observed he was defensive and confused. When asked for ID, defendant produced a Crown Royal bag from his pant leg. This prompted the officers, along with other indicators of intoxication, to have defendant exit the vehicle. A search yielded the PCP. The court was not required to instruct the jury on conflicting evidence regarding whether defendant had run the stop sign in the first place. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 21, 2024, Case #: 09-22-00406-CR, Categories: Drug Offender, Search, Vehicle
J. Wright finds the county court properly revoked defendant's community supervision. Defendant violated the terms of his community supervision by drinking alcohol, failing to submit to drug tests and by assaulting his mother. He says the court erroneously believed he was on community supervision for assaulting his mother, when in fact it was for assaulting his mother's domestic partner. A previous assault on his mother was correctly one of the grounds for revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: February 21, 2024, Case #: 09-23-00056-CR, Categories: Evidence, Probation, Assault
J. Forst finds that the trial court improperly ruled for the city in this dispute over excess funds from the tax sale of a condominium unit because the lien against the common units had not been consented to by all individual condo owners. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: February 21, 2024, Case #: 4D2022-2495, Categories: Property, Tax
J. Logue finds the trial court properly found that defendant willfully violated the terms of his probation by associating with a person engaged in criminal activity, in this case being caught by police standing in an alley with two people while one of them of was handling a crack pipe. The evidence in the record, including the fact that defendant was standing "shoulder to shoulder" with the man with the crack pipe and yelled out and warned the others when he saw the police officers, is sufficient to support the trial court's finding, even if some of the evidence is circumstantial. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: February 21, 2024, Case #: 22-2024, Categories: Evidence, Probation
Per curiam, the court of appeals issues a contempt citation and sanctions against the court reporter. The reporter failed to complete a record on more than one occasion, even after a writ of certiorari had been issued. The special master recognized the reporter had assumed additional duties during the Covid-19 pandemic, that she had been unable to resolve the situation despite her efforts, and that she later resigned from her position. Though the special master did find that some circumstances of her employment were unique, this did not justify her failure to comply.
Court: Arkansas Court Of Appeals, Judge: Per curiam, Filed On: February 21, 2024, Case #: CR-23-191, Categories: Administrative Law, Contempt, Covid-19
J. Harrison finds the county court properly dismissed the OB/Gyn's petition to modify an arbitration award. The doctor was terminated from her employment with the hospital, and the arbitrator awarded her almost $100,000 for 120 days' compensation, less a $25,000, unearned sign-on bonus. The doctor says the award was made under an alternative contract provision not cited in the parties’ statements of claim, and that the arbitrator improperly made the award on an unsubmitted claim. Though the hospital did not prove the doctor’s conduct violated a provision for termination with cause, it had the contractual authority to dismiss her upon payment of the 120 days’ compensation. Nothing in the record indicates the arbitrator exceeded his jurisdiction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 21, 2024, Case #: CV-22-449, Categories: Arbitration, Employment, Health Care
J. Thyer finds the county court properly revoked defendant's suspended imposition of sentence. After defendant's guilty plea conviction for manufacturing meth, he served seven years of a 15-year sentence before being paroled. During his parole term, he was rearrested for possession of multiple types of drugs. The court allowed testimony from the agent who conducted the controlled drug purchase for the limited purpose of establishing the reasoning behind his plan. Because the court expressly determined the testimony was not offered for its truth, its ruling did not offend the confrontation clause. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 21, 2024, Case #: CR-23-214, Categories: Drug Offender, Probation, Due Process
J. Tunheim grants the brokerage account servicer's motion to dismiss the bank's suit related to a third party mutual client's transfer of assets which had been pledged as security for the bank's loan. The bank voluntarily released its claims to the client's brokerage account between the time the fund transfer was authorized and the time the client defaulted on the loan. The bank therefore does not have standing to pursue its claims, having broken the causal chain between the brokerage account servicer's wrongdoing and its own harm.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 21, 2024, Case #: 0:22cv1104, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
[Consolidated.] J. Hester finds that the trial court properly ruled in favor of the general contractor in a discovery dispute with the construction manager that stems from litigation involving a school renovation project. The record supports the determination that the construction manager was non-compliant with the order compelling discovery. Though, the sanctions that struck the construction manager's defenses and barred the introduction of evidence for those defenses was an abuse of discretion, so the judgment is amended accordingly. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: February 21, 2024, Case #: 2023CA0309, Categories: Construction, Sanctions, Discovery
Per curiam, the appellate division finds that the lower court properly denied the window cleaner's motion for sanctions against the university in a discovery dispute. The window cleaner's counsel failed to submit an affirmation, along with the motion, that they conferred with opposing counsel in a good faith effort to resolve the dispute. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 21, 2024, Case #: 00922, Categories: Civil Procedure, Sanctions
J. Schumacher finds that the lower court properly held that a company did not interfere with a contract after an heir who borrowed money from the company to purchase property from an estate turned around and sold the property to the company because a second heir who disputed the sale did not have an enforceable contract with the estate. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: February 21, 2024, Case #: 23-0564, Categories: Interference With Contract
J. Schumacher finds that child support was properly modified to require the mother to pay support to the father following dissolution of marriage. The father was the noncustodial parent, but he spent significant time caring for the child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: February 21, 2024, Case #: 23-0727, Categories: Family Law
J. Chicchelly finds that the lower court properly enforced a settlement in siblings' dispute over the purchase of real estate because the siblings did not prove they disputed the settlement, and the parties' emails demonstrated that they accepted the agreement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 21, 2024, Case #: 23-0377, Categories: Property, Settlements
J. Bacharach finds that the lower court improperly convicted defendant of drug offenses after the car in which she was a passenger was pulled over and police found drugs hidden within the car's compartments. There was no evidence offered during trial that the driver told her about the drugs or that she found the secret compartments on her own. Without evidence to show she knew of the drugs, her convictions cannot stand. Reversed.
Court: 10th Circuit, Judge: Bacharach, Filed On: February 21, 2024, Case #: 22-6194, Categories: Drug Offender
J. Molberg finds that the lower court properly denied the mother's motion to modify conservatorship. Contrary to the mother's argument, the lower court did not err by failing to appoint the mother as sole managing conservator of the child. The mother failed to establish "a material and substantial change in the circumstances of the child, a conservator, or other party." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 21, 2024, Case #: 05-22-01175-CV, Categories: Civil Procedure, Family Law
J. Aiken dismisses the respiratory therapist's complaint alleging that the healthcare company placed her on unpaid administrative leave after it granted her a religious exception for the Covid-19 vaccine. The respiratory therapist says that taking the vaccine would violate "the purity of her body," but she does not explain how or what specific religious beliefs taking the vaccine violates.
Court: USDC Oregon, Judge: Aiken, Filed On: February 21, 2024, Case #: 6:23cv12, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination