162 results for 'filedAt:"2024-03-05"'.
J. Moore finds the trial court properly convicted defendant for first-degree sexual assault of a child. Defendant's stepdaughter, his wife's niece and his own biological niece alleged he improperly touched and exposed himself to them, eventually leading to acts of digital penetration and oral sex. Forensic interviews and other evidence support the convictions. The charges were properly joined due to relatedness and occurrence over a period of time. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-138, Categories: Sex Offender, Due Process, Child Victims
J. Giles grants the home owners' association's motion to dismiss claims they violated the Servicemembers Civil Relief Act and Fair Housing Act. The servicemember, new to the neighborhood, believed the home owners' association denied his request to build a fence and a second driveway because of his South Asian ethnicity. The Acts are intended to protect vulnerable people from eviction, but the servicemember failed to identify any specific parts of the Acts the HOA violated in what they say was a purely aesthetic decision that had nothing to with his ethnicity.
Court: USDC Eastern District of Virginia, Judge: Giles, Filed On: March 5, 2024, Case #: 1:23cv551, NOS: Other Civil Rights - Civil Rights, Categories: Property, Housing, Military
J. Hassan finds that the trial court properly ruled in favor of the auto body shop owner in a dispute with an engine servicer over its failure to return his vehicles. The evidence was sufficient to support the jury's damages assessment as to the vehicles and its finding that the engine servicer violated the Deceptive Trade Practices Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: March 5, 2024, Case #: 14-23-00239-CV, Categories: Vehicle, Contract
[Consolidated.] J. Warren finds that the trial court properly granted defendant's motion to suppress evidence related to one victim's shooting death provided to a detective by defendant's previous attorney. Defendant was indicted for murder and other offenses. The attorney's disclosures violated attorney-client privilege. The state cannot mention the attorney as the source of any physical evidence given to the detective. The trial court correctly denied defendant's motion to suppress cell phone records related to both shootings. Both search warrants were supported by probable cause and the affidavits allowed the judges to reasonably infer that one of the target phone numbers belonged to defendant. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: March 5, 2024, Case #: S23A0900, Categories: Evidence, Murder, Search
J. Pierre-Louis finds that the appellate division properly remanded the issue of whether a bullet extracted from defendant's body during a surgical procedure was admissible in his attempted murder trial because the state had applied for a search warrant, and the bullet constituted physical evidence related to criminal offenses. Affirmed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: March 5, 2024, Case #: A-34-22, Categories: Murder, Search
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J. Pierre-Louis finds that the appellate division properly compelled discovery in claims stemming from a fatal shooting. A witness says he was kidnapped and forced to copy a written affidavit recanting statements made to police in which he identified defendant as the shooter, and thus defendant cannot invoke the fifth amendment since the alleged affidavit was not self-incriminating. Affirmed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: March 5, 2024, Case #: A-39-22, Categories: Witnesses, Self Incrimination, Discovery
J. Wood finds that the trial court properly ruled in battery claims brought against the school board after a minor was administered a Covid-19 vaccine without parental authorization because the school board is entitled to immunity under the Public Readiness and Emergency Preparedness Act. Affirmed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: March 5, 2024, Case #: COA23-487, Categories: Immunity, Negligence, Covid-19
J. Jenkins partially grants a motion for summary judgment from an Illinois village and its police, on claims the police used fatally excessive force during an arrest. The arrestee died of choking-related injuries he sustained after swallowing a plastic bag while police were on top of him and holding him down. The court grants judgment to the police on the excessive force claim as to the allegation that they stuck a plastic bag in the arrestee’s mouth, finding it is not sufficiently backed by evidence, but allows the excessive force claim to stand regarding other elements of the arrest.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: March 5, 2024, Case #: 1:21cv3236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Bumatay finds that the district court properly entered convictions for conspiracy and aiding and abetting the receipt of the proceeds of extortion. Defendants alleged that the conviction in question for extortion required knowledge that the money at issue was obtained from extortion, which the panel rejected. However, the restitution amount is vacated and the matter is remanded for recalculation. The case centers on a conspiracy to kidnap Mexican nationals seeking to enter the United States illegally and extort ransom payments from their families. Affirmed in part.
Court: 9th Circuit, Judge: Bumatay, Filed On: March 5, 2024, Case #: 22-50046, Categories: Immigration, Conspiracy, Extortion
J. Smith finds that the district court properly denied absolute and qualified immunity to two County of San Bernardino social workers in a matter in which individuals claimed that the social workers violated the individuals’ Fourth and Fourteenth Amendment rights by failing to provide them with notice of a juvenile detention hearing in which the County’s Child and Family Services and provided false information to the Juvenile Court about why the individual was not noticed for the hearing. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: March 5, 2024, Case #: 22-56054, Categories: Family Law
J. Hurwitz finds that the district court properly dismissed an employee's discrimination claims because of "intentional spoliation of electronically stored information" by the employee. Ample circumstantial evidence showed that the employee acted willfully, and the district court properly relied on an inference that her deletion of text messages with co-workers and her coordination with witnesses to delete messages was prejudicial to the employer. Affirmed.
Court: 9th Circuit, Judge: Hurwitz, Filed On: March 5, 2024, Case #: 22-16465, Categories: Employment, Discovery
J. Estudillo sets definitions to terms in the software company's complaint alleging that Amazon infringed on 10 of the former's patents. The term "output manager software" and the disputed function terms are not subject to additional construction, because the software company identifies output manager software that can perform the functions identified in the disputed claim limitation, and thus an ordinary person could understand that output manager software has a sufficiently definite meaning as the name for structure.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 5, 2024, Case #: 2:21cv1055, NOS: Patent - Property Rights, Categories: Patent
J. Ross dismisses Travelers insurance company from a declaratory relief action that seeks defense and indemnification coverage for an underlying personal injury lawsuit. The subcontractor’s insurance policy does not list the litigants as additional insureds, therefore they are not entitled to relief.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 5, 2024, Case #: 1:23cv7848, NOS: Insurance - Contract, Categories: Insurance
J. Lee finds that the lower court properly denied an individual's request to restore his firearm rights, which were terminated due to a sealed 2014 conviction for rape when he was still a juvenile. He claims that because his conviction is sealed, it should be treated as if it never happened for firearm purposes. Precedent states, however, that a sealed juvenile conviction continues to exist on the record as a conviction, thereby disqualifying him from firearm restoration. Affirmed.
Court: Washington Court Of Appeals, Judge: Lee, Filed On: March 5, 2024, Case #: 57583-3-II, Categories: Civil Rights, Firearms
J. Staab finds that the lower court properly dismissed a complaint from the Department of Labor and Industries alleging that a cannabis company was not properly paying overtime wages. Under state law, the department is only allowed to file a civil suit to collect wages that a company has already been ordered to pay, and it must attain its right to make that filing through a wage order, wage complaint, or wage assignment. The department did not have any of those things when it filed a suit against the cannabis company. Affirmed.
Court: Washington Court Of Appeals, Judge: Staab, Filed On: March 5, 2024, Case #: 39459-0-III, Categories: Employment
J. Seymour finds that the lower court properly convicted defendant of using her company, Odyssey International, to commit wire fraud and conspiracy. She claims there were errors in the jury instructions that should vacate her convictions, but in appealing her case, she has committed several procedural errors. She has repeatedly failed to "conform to the rules of appellate procedure" and has failed the "basic responsibility of an appellant" by not arguing a standard for review. All of her convictions stand as a result. Affirmed.
Court: 10th Circuit, Judge: Seymour, Filed On: March 5, 2024, Case #: 22-4122, Categories: Criminal Procedure, Fraud
J. McKenna upheld a lower court’s refusal to dismiss two homeless individuals’ claims against Maui County officials for seizing their property in a sweep without holding a contested case hearing. The seized items were undoubtedly considered property under the due process clause, and the county ignored the individuals’ request for hearings after they were notified of the county’s intentions to sweep. The county also should not have destroyed the property after it was removed, similarly without any hearings or meetings. Affirmed.
Court: Hawai'i Supreme Court, Judge: McKenna, Filed On: March 5, 2024, Case #: SCAP-22-368, Categories: Civil Rights, Government, Due Process
J. Benton finds a lower court properly dismissed an affiliated group of Native American tribes' challenge of a grant of drilling applications on behalf of a exploration company. The three tribes argued that the approvals violate the Administrative Procedure Act, and that the drilling project is a detriment to its source of drinking water. However, the exploration company sufficiently showed in court that the project was aligned with statutory and regulatory guidelines. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-2459, Categories: Construction, Government, Native Americans
J. Ransom quashes this court's preliminary writ of mandamus in a wrongful death suit against a rehab center. The patient's family contract with the rehab center for a private room, but placed the patient with a roommate in November 2020, causing her to contract Covid-19 and die. There is no merit to the center's claim that the suit is barred by the Public Readiness and Emergency Preparedness Act, as the complaint never mentions the center's Covid-19 testing procedures as contributing to the patient's death.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: March 5, 2024, Case #: SC100099, Categories: Immunity, Wrongful Death, Covid-19
J. Pfeiffer finds that the lower court improperly found for the state legislature in a public records suit when the resident seeking those records did not have standing to sue. The resident seeks a ruling that House Rule 127 is unconstitutional, and violates the Sunshine Law by concealing email and postal addresses contained in requested records. The citizen did not make his request under FOIA - if he had, he could sue under FOIA. But the Missouri Sunshine Law requires a requestor be a taxpayer or citizen of the state, and the plaintiff only claims to be a resident. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: March 5, 2024, Case #: WD86212, Categories: Civil Procedure, Public Record, Jurisdiction
J. Pfeiffer finds that the lower court properly denied defendant's motion for post-conviction relief based on alleged jury selection error in an incest case. While a venireperson stated that she would have a hard time presuming defendant innocent after hearing his prior convictions, the state rehabilitated her by securing an unequivocal affirmation she would not convict unless the state met its burden of proof at trial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: March 5, 2024, Case #: WD85892, Categories: Jury, Sex Offender
Per curiam, the circuit finds that the district court properly convicted defendant based on his guilty plea to conspiracy to distribute and possess with intent to distribute crack cocaine. Defendant claimed the plea was involuntary because he expected a below-guidelines sentence, but that belief had been subjective since the plea colloquy clearly confirmed that no particular sentence had been promised. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 5, 2024, Case #: 22-1539-cr, Categories: Drug Offender, Sentencing, Plea