161 results for 'filedAt:"2024-03-19"'.
J. Mercier finds that the trial court incorrectly sentenced defendant by failing to include a behavioral incentive date in the order sentencing him to two consecutive five-year terms of probation for marijuana and firearm possession offenses. Defendant had no prior felony convictions, therefore the statute required that a behavioral incentive date be included in his straight probationary sentence. Vacated.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0663, Categories: Sentencing
J. Mercier finds that the trial court improperly denied defendant's motion to vacate a void sentence following his guilty plea to two counts of child molestation. The 10-year probationary sentence imposed on one count was not split as it should have been in accordance with the statute which was in effect at the time defendant committed the crime. The trial court incorrectly dismissed defendant's motion to withdraw his guilty plea based on the void sentence. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: March 19, 2024, Case #: A24A0214, Categories: Sentencing, Sex Offender, Plea
J. LaGrua finds that the trial court properly convicted defendant of murder, possession of a firearm during the commission of a felony and other offenses. The trial court correctly admitted a detective's testimony about out-of-court statements made by two witnesses. The testimony did not directly comment on the witnesses' credibility but instead focused on what their demeanors were. Defendant failed to show that his trial counsel was deficient for failing to object to the testimony. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: March 19, 2024, Case #: S24A0179, Categories: Ineffective Assistance, Murder
J. Bethel finds that the trial court properly convicted defendant of murder and firearm offenses. Any error the trial court committed in giving an incorrect jury instruction on an exception to the justification defense was harmless in light of the evidence showing that defendant more than likely did not act in self-defense when he shot the unarmed victim. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: March 19, 2024, Case #: S24A0396, Categories: Murder, Jury Instructions
J. Connolly dismisses all but a promissory estoppel claim in an employment civil rights action, finding this claim was timely filed within three years of the termination of the employee's employment. His claims seeking recovery of wages were not timely filed within the applicable one-year statute of limitations. His bad faith claim is also dismissed since he fails to allege that the employer falsified or manipulated an employment record of any kind.
Court: USDC Delaware, Judge: Connolly, Filed On: March 19, 2024, Case #: 1:23cv575, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
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J. Gorsuch finds that the court of appeal properly denied a motion to dismiss brought by the Federal Bureau of Investigations after it was sued by a man placed on the "No Fly" list. The FBI failed to meet its burden to show that removing him from the list made the complaint moot. The agency has not disclosed what activity the man engaged in that caused him to be placed on the list and, therefore, he cannot be assured to not be placed on the list again in the future. Affirmed.
Court: US Supreme Court, Judge: Gorsuch, Filed On: March 19, 2024, Case #: 22-1178, Categories: Civil Rights, Government, Agency
J. Boom grants the Secretary of Defense's motion to affirm the Merit Systems Protection Board’s determination that the Defense Commissary Agency lawfully terminated the employee. The employee was placed on administrative leave after allegations of sexual harassment were made against him, and consistent allegations by multiple women support the decision. The agency detailed all factors and the board thoroughly considered its analysis and the employee's arguments, and correctly concluded termination was reasonable.
Court: USDC Western District of Kentucky, Judge: Boom , Filed On: March 19, 2024, Case #: 5:22cv61, NOS: Other Civil Rights - Civil Rights, Categories: Government, Due Process, Employment Retaliation
J. Schostok finds that the lower court improperly denied defendant pretrial release on charges of aggravated fleeing and identity theft. There was not sufficient evidence to support the trial court's determination that defendant posed a high likelihood of willful flight to avoid prosecution. Reversed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: March 19, 2024, Case #: 240015, Categories: Bail, Escape, Identity Theft
J. McBride finds that the lower court properly denied defendant's request for pretrial release on charges of being an armed habitual criminal and unlawful use of a weapon. Defendant had prior convictions for attempted murder and was on parole at the time of his arrest. With this evidence, the state met its burden of providing defendant poses a real threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: March 19, 2024, Case #: 232482, Categories: Firearms, Parole, Bail
J. Tymkovich finds that the lower court properly convicted defendant of wire fraud and stealing government property for carrying out a scheme to defraud the Department of Veterans Affairs by exaggerating his disability. As part of the investigation, agents for the department installed a camera near his house to record his activities, and defendant claims that the lower court wrongfully admitted evidence used from those cameras to convict him. Legal precedent has established, however, that he did not have a "reasonable expectation of privacy" regarding the view of the front of his house. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: March 19, 2024, Case #: 22-3276, Categories: Evidence, Fraud
[Consolidated] J. Bailey finds a lower court properly ruled in favor of the tax authority on a power plant's challenge to a tax imposition. The power plant argued that the tax authority erred in deciding that the County's valuation and taxation of it was preempted. However, the tax authority sufficiently showed in court that previous tax levies from 2010 to 2013 barred the plant from moving ahead on its claims. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: March 19, 2024, Case #: 1 CA-TX 20-4, Categories: Tax
J. McMillian finds that the trial court properly convicted defendant of murder, armed robbery and a firearm offense. Any error the trial court committed in allowing the detective's identification testimony was unlikely to have affected the trial outcome because the testimony was cumulative of the accomplices' identification of defendant from the same surveillance footage. The trial court's failure to give a jury charge on accomplice corroboration also probably did not affect the trial outcome. However, the trial court incorrectly sentenced defendant separately on the armed robbery conviction since defendant's felony murder conviction was predicated on armed robbery. Affirmed in part.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: March 19, 2024, Case #: S24A0270, Categories: Murder
J. Hillman grants a company’s motion to dismiss all claims brought against it by its former CEO. The CEO’s claims were already addressed, or could have been addressed, in a prior civil action and are therefore barred from further litigation.
Court: USDC Massachusetts, Judge: Hillman, Filed On: March 19, 2024, Case #: 1:20cv11148, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Employment, Business Expectancy
J. Shea holds that the district court properly found that statutory savings and retroactivity clauses did not apply to an electric utility's 2015 and 2016 applications for Community Renewable Energy Project waivers. It also properly found that the public service commission erred in granting the utility a waiver of its Project obligation for 2015. However, further proceedings are needed to determine whether the commission properly waived its Project obligation for 2016 and whether the utility must pay a penalty. Vacated in part.
Court: Montana Supreme Court, Judge: Shea, Filed On: March 19, 2024, Case #: DA 22-0436, Categories: Administrative Law, Energy
J. Gustafson finds that the trial court properly imposed a $2,000 restitution order for damage defendant caused when he removed an Uber sign from a car during a fit of pique. Though a more thorough look at his ability to pay would have helped, his guilty plea to criminal mischief included an acknowlegment that he could pay. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 19, 2024, Case #: DA 22-0165, Categories: Restitution, Plea
J. Lipman partially grants the plaintiff company's motion for a preliminary injunction in this lawsuit brought under the Lanham Act and the Tennessee Consumer Protection Act, alleging that a former employee "engaged in a variety of tortious activities" against the company. The company's motion is granted as to its negligence per se and defamation claims, as the company is likely to succeed on the merits of those claims and the issuance of an injunction will "also serve the public interest."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 19, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: Civil Procedure, Negligence, Defamation
J. Shea finds that the district court properly determined that immunity applies only to individuals and not the state in a case alleging that the state's Health and Human Services Department failed to protect an infant from permanent injuries. But it was error to find that the injuries were foreseeable and the state was liable as a matter of law, so a jury must determine if the state's child abuse investigation was negligent. Also, the district court's sanction for spoliation over some missing photos of bruising was disproportionately harsh since there was no evidence of bad faith and other evidence was available to show bruising. The jury's $16.6 million damages award is vacated in light of the new trial order. Reversed in part.
Court: Montana Supreme Court, Judge: Shea, Filed On: March 19, 2024, Case #: DA 22-0018, Categories: Sanctions, Immunity, Negligence
J. Sheffield enters a permanent writ directing the lower court to take no further action in the underlying case except to enter an order returning the case to the Supreme Court of Missouri for the case to be reassigned to another judge.
Court: Missouri Court Of Appeals, Judge: Sheffield, Filed On: March 19, 2024, Case #: WD38412, Categories: Civil Procedure
J. Witt finds that the lower court properly convicted defendant of statutory sodomy against two separate victims and sentenced him to a total of 55 years in prison. A portion of the state's cross-examination of defendant was argumentative, but this error did not prejudice defendant given the substantial evidence against him. Further, there is no reasonable basis to find the jury would have acquitted defendant had the prosecutor not made reference to his being a predator in closing arguments. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: March 19, 2024, Case #: WD85819, Categories: Prosecutorial Misconduct, Sex Offender
J. Pirtle finds the workers compensation court properly awarded the employee temporary total disability following a slip and fall on ice in the auto sales company's parking lot. Though the court awarded her temporary total disability benefits and ordered the company to pay medical expenses, mileage and pharmacy expenses, the employee contends she is due permanent disability benefits. The employee has failed to provide evidence of permanent medical impairment or permanent restrictions to the body as a whole. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 19, 2024, Case #: A-23-548, Categories: Evidence, Tort, Workers' Compensation
J. McFarland denies both parties' motion for summary judgment on the contract claim brought by the car dealership, ruling that while its lease agreement with the cab company allowed it to demand the full amounts of loans following a single missed payment, the cab company's obligations under the agreement may have been waived if the dealership charged it for the lease of vehicles that were never actually leased; therefore, there is a question of fact that must be submitted to a jury.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 19, 2024, Case #: 1:21cv386, NOS: Other Contract - Contract, Categories: Evidence, Vehicle, Contract
J. Van Tatenhove grants the Department of Alcoholic Beverage Control's motion to dismiss this suit filed by the coffee shop owner whose alcohol license was revoked. Though the revocation process for the shop's noncompliance with Covid-19 protocols began before the protocols ended, the owner alleges the department violated the First and Fourteenth Amendments by continuing the enforcement action after protocols were ended. The owner fails to raise a plausible claim that the enforcement is arbitrary and capricious.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: March 19, 2024, Case #: 3:22cv16, NOS: Other Civil Rights - Civil Rights, Categories: Licensing, Agency, Covid-19
[Consolidated.] J. Chatigny denies, in part, the detectives' motion for summary judgment, ruling their alleged coercive tactics on several key witnesses to force identifications of the wrongfully convicted individuals likely affected the outcome of the trial and establishes a Brady violation for the state's failure to disclose off-the-record statements made by the witnesses.
Court: USDC Connecticut, Judge: Chatigny, Filed On: March 19, 2024, Case #: 3:19cv388, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence