46 results for 'judge:"Barrett "'.
J. Barrett finds the trial court properly convicted defendant for aggravated assault, fleeing by vehicle and related charges. Officers testified to a pursuit involving a vehicle with no license plates that reached speeds of more than 100 mph and included sudden turns, as well as driving on the wrong side of the road. The male driver ran after crashing due to hitting stop sticks. After defendant escaped, a police dog found his shirt and he was apprehended and identified by pursuing officers and dashcam video. Sufficient evidence supports the convictions and any prejudice caused by unrecorded custodial statements made by defendant is not preserved for appellate review. There is also no constitutional right to have such statements recorded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 15, 2024, Case #: CR-23-381, Categories: Evidence, Escape, Vehicle
J. Barrett denies the student's motion for a preliminary injunction, ruling the university provided him notice of the sexual assault allegations within a month of the victim's submission of her final report and did not rely on any absent witness testimony when it expelled him; therefore, no due process rights were violated during disciplinary proceedings and the student is not entitled to an injunction.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: May 2, 2024, Case #: 1:23cv284, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: Civil Procedure, Property, Contract
J. Barrett finds the circuit court properly granted the hospital's motion to dismiss the medical malpractice suit. The patient argues her attorneys did not engage in unauthorized practice of law, saying the Michigan attorneys (not licensed in Arkansas) tolled the limitations period when they served the notice of intention to file. The notice was correctly found to be a nullity because the attorneys were engaged in unauthorized practice of law. The notice was also correctly found to be deficient. Furthermore, the action was filed beyond the two-year medical malpractice limitations period. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 17, 2024, Case #: CV-23-143, Categories: Licensing, Due Process, Medical Malpractice
J. Barrett finds that the court of appeals improperly ruled in illegal takings claims brought after the county imposed a traffic impact fee as part of a residential building permit because the takings clause can be applied to fees imposed by legislatures. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: April 12, 2024, Case #: 22-1074, Categories: Property
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J. Barrett finds the trial court properly convicted defendant for murder. After receiving an anonymous tip, officers discovered the victim's decomposing body inside a vacant building. Witness' interviews implicated defendant and an accomplice. The accomplice agreed to testify in exchange for a plea agreement, saying defendant told him he was going to kill the victim for being a snitch. Multiple witnesses saw defendant with a handgun on the day of the murder, saying he was seeking ammunition, while the accomplice said defendant shot the victim in the chest and twice in the face. The accomplice's testimony was sufficiently corroborated. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 10, 2024, Case #: CR-23-661, Categories: Evidence, Murder, Witnesses
J. Barrett finds the circuit court properly involuntarily admitted the patient for drug-addiction treatment. The patient's mother filed a petition to have him involuntarily admitted for a fentanyl addiction and testified her son had overdosed 20 times that year, including having been found lying in the street. She also says he hears voices and she is afraid for her life. Though no evidence was presented showing the patient was homicidal, the state proved he was disabled and suicidal due to his drug use. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 3, 2024, Case #: CV-22-293, Categories: Evidence, Health Care, Commitment
J. Barrett finds that the circuit court improperly ruled in claims brought against an elected official who censored comments on his social media pages. The case is remanded for the court to determine if the specific posts had been made in an official or personal capacity. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: March 15, 2024, Case #: 22-611, Categories: Government
J. Barrett finds the circuit court improperly divided the marital debts in its divorce decree. Because no reason was given after remand for an unequal distribution of a lawn care business ordered to be subject to a reverse auction, the law requires the property be divided equally. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 13, 2024, Case #: CV-22-488, Categories: Family Law, Property, Contract
J. Barrett finds the trial court properly entered summary judgment in favor of the mining company. A partner in the crystal mine brought this lawsuit seeking damages for an alleged breach of a nondisparaging agreement in a previous settlement providing for liquidated damages of $250,000 if the settlement was breached. The record shows no evidence the partner made reasonable efforts to secure another partner's deposition, and a resulting affidavit testifying to certain statements regarding alleged thievery, in breach of the nondisparaging agreement, is hearsay. The residual-hearsay exception is not applicable being that no compelling reason for attaching more than average credibility to the hearsay has been shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 6, 2024, Case #: CV-23-211, Categories: Evidence, Damages, Contract
J. Barrett denies the judge's motion for judgment as a matter of law, ruling the jury's split verdicts on the employee's Equal Protection and First Amendment claims are not inconsistent. Evidence allowed the jury to conclude the employee's termination, which came immediately after she requested time off for the Jewish high holidays, was a direct result of the request but not solely because of her religious beliefs. Meanwhile, the employee's voluntary resignation from a subsequent position requires the award of back pay be reduced by $20,000, while her failure to prove any evil intent on the part of the judge prevented an award of punitive damages, and so that $35,000 award will also be vacated.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: February 29, 2024, Case #: 1:17cv305, NOS: Employment - Civil Rights, Categories: Employment, Damages, First Amendment
J. Barrett finds the trial court properly convicted defendant for sexual assault. The victim testified to experiencing multiple sexual assaults by defendant, her mother's boyfriend, occurring over a period of years between the ages of 3 and 14. Notably, though she had not seen defendant's penis, she knew what it was when he forced it into her mouth in a dark room. Defendant was apprised of the charges, and the jury was correctly not instructed on limiting certain conduct to rape and other conduct to sexual assault. Witness credibility is an issue for the jury, and the victim's testimony is sufficient. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 28, 2024, Case #: CR 23-147, Categories: Sex Offender, Child Victims, Jury Instructions
J. Barrett finds the county court improperly determined the biological father's consent was not required for his children to be adopted by their stepfather. While the biological father did not support his children and did not communicate with them, his contact with the children would have violated a protective order entered in favor of the mother. Also, the court directly affected the outcome by its failure to rule on a previous paternity petition and to set support and visitation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CV-22-426, Categories: Family Law, Due Process, Restraining Order
J. Barrett finds the trial court properly convicted defendant for burglary, drug possession and related charges. Police received a report of a home break-in and arrived at the scene to discover a shop, vehicle and home had been broken into and ransacked. A game camera showed defendant and his accomplices committing the break-in, all of whom were later identified when defendant was stopped for driving with a suspended license. A search of the vehicle yielded meth and a pipe. Accomplices testified to defendant's having stolen items from the victim's home. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CR-23-449, Categories: Burglary, Drug Offender, Evidence
J. Barrett finds the county court properly authorized garnishment of funds to be distributed to the beneficiary in probate from the estate. The court ordered the funds to be paid pursuant to two foreign contempt orders registered before the court. Though the beneficiary said the arrearages had been paid, he failed to produce evidence sufficient to establish any payments had been made on any of the court's orders. He also failed to raise the issue of insufficiency of service of process or lack of notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 31, 2024, Case #: CV-22-108, Categories: Civil Procedure, Wills / Probate, Due Process
J. Barrett finds the board of review improperly affirmed the denial of unemployment benefits to the nurse. The board denied the nurse benefits based on its claim she made false statements on her application. The board merely adopted the appeal tribunal's decision and did not make findings of fact substantially supporting its decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: E-22-557, Categories: Employment, Insurance, Due Process
J. Barrett finds the circuit court properly terminated the mother's parental rights to her three children. All evidence, including verified incidents of domestic violence and child abuse involving severe burns, as well as drug use, supports termination. Though the mother says the children's placement with their grandmother would make termination unnecessary, her arguments as to this alternative placement were not raised at trial. The court properly found adoption to be the best permanency goal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: CV-23-503, Categories: Evidence, Family Law, Guardianship
J. Barrett finds the trial court properly revoked defendant's probation for his conviction on charges of second-degree forgery and possession of a controlled substance with purpose to deliver. After defendant was sentenced to probation, he was again arrested on gun and drug charges in violation of his probation terms, and all evidence supports revocation. Counsel's motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 17, 2024, Case #: CR-23-275, Categories: Drug Offender, Firearms, Forgery
J. Barrett finds the trial court properly convicted defendant for rape and internet stalking of a child based on sufficient evidence. When defendant's 14-year-old stepdaughter requested money for a Roblox gaming account, he sent her a text message that stated, ���I give u the money blow me.��� She protested after he explained what he meant, but eventually gave in. Facebook Messenger reported the inappropriate conversation and defendant was arrested. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 10, 2024, Case #: CR-23-20, Categories: Evidence, Sex Offender, Child Victims
J. Barrett finds the trial court properly convicted defendant for sexual assault. Defendant failed to exhaust peremptory challenges, and fails to show how having jurors��� addresses and phone numbers prejudiced him. Furthermore, testimony complained of as hearsay was allowed as background information for context, not as indicative of truth. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: December 13, 2023, Case #: CR-22-458, Categories: Evidence, Sex Offender, Child Victims
J. Barrett finds the circuit court improperly granted summary judgment in favor of the surgeons in a medical malpractice case. The patient died during a kidney removal due to an injury to his abdominal aorta. Though the surgeons say their actions never fell below the standard of care, the record contains no description of how the injury occurred or what caused it and, therefore, material questions of fact remain. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: December 6, 2023, Case #: CV-22-94, Categories: Wrongful Death, Medical Malpractice
J. Barrett finds the trial court properly granted the homeowner's motion to strike a contractor's untimely answers, entering default judgment in favor of the homeowners. Though Sunday service of process is not allowed in most circumstances, in this case it was the only viable alternative and was properly made. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: November 15, 2023, Case #: CV-22-86, Categories: Construction, Due Process, Contract
J. Barrett finds the circuit court properly terminated the mother���s parental rights to her four minor children. A petition for emergency custody and dependency-neglect was originally filed for one of her sons after he told police that his mother hit him with a belt for not cleaning his room. A family-service worker found the mother to be violent toward the children, which were all removed. The mother failed to make progress with services and continued to make poor decisions that placed the children at risk of harm. All evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: November 8, 2023, Case #: CV-23-307, Categories: Evidence, Family Law, Guardianship
J. Barrett finds the Arkansas Board of Review improperly affirmed the Division of Workforce Services��� decision that the claimant repay the entirety of her unemployment benefits, allegedly having left work without good cause. The claimant received both state and federal benefits, and the board did not conduct two different waiver analyses. The appeals court affirms the decision requiring the claimant to repay $2,209 in state benefits, and remands for further findings regarding repayment of the $13,521 in federal benefits. Affirmed in part. Remanded in part.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: November 1, 2023, Case #: E-22-406, Categories: Employment, Due Process
J. Barrett finds the trial court properly convicted defendant for the rape of his wife and domestic battery. Video evidence shot by the wife shows that defendant became upset when he found that his wife texted photos of her children to her ex-husband, the children���s father. The confrontation led to accusations of his watching porn, which led to the assault that included defendant���s inserting his fingers into his wife���s vagina. All evidence supports the convictions and the court properly denied defendant���s motion to included evidence of his wife���s prior sexual conduct. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 25, 2023, Case #: CR-22-814, Categories: Evidence, Sex Offender, Battery
J. Barrett finds the trial court properly convicted defendant for the rape of his eight-year-old daughter who, after a lesson on personal safety at her school, reported ongoing abuse. Evidence obtained through forensic interview and medical examination, including DNA evidence, supports the conviction. After deliberating, the jury sent a note saying that the vote was 11���1. Both the prosecutor and defense counsel agreed to the court���s sending a note back asking the jury to continue deliberation, which then returned a unanimous guilty verdict, confirmed by polling. No motion for mistrial was made. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 18, 2023, Case #: CR-22-674, Categories: Evidence, Sex Offender, Child Victims
J. Barrett finds the circuit court properly refused to terminate the ex-husband���s monthly alimony obligation to his ex-wife. The husband had recently purchased a new home and the court properly considered all alimony factors, also recognizing his decreased ability to pay while still recognizing the wife���s need for alimony due to her health conditions and limited ability to work. The decision to decrease but not terminate alimony was not an abuse of discretion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 4, 2023, Case #: CV-22-410, Categories: Family Law, Health Care, Contract