185 results for 'judge:"Johnson"'.
J. Johnson finds that the court of appeals improperly reversed the Central Puget Sound Growth Management Hearings Board's order declaring King County's Ordinance 19030, which alters zoning and business licensing regulations for wineries and other alcohol-related venues, invalid due to not complying with the Growth Management Act (GMA) and the State Environmental Policy Act (SEPA). The board reasonably found that the ordinance violated the GMA by allowing incompatible uses that failed to conserve productive agricultural land and did not reasonably restrict agricultural accessory uses and activities, and violated SEPA by not considering a wide range of probable impacts of future projects the ordinance would allow. Reversed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: September 19, 2024, Case #: 102177-1, Categories: Government, Municipal Law, Property
J. Johnson finds that the court of appeals properly confirmed that the city has the right to enforce its ordinance authorizing the condemnation of property "for stormwater protection and fish passage protection." State law is silent as to whether the city can condemn property for fish passage purposes but it allows it for stormwater purposes. The city was "statutorily authorized" to condemn the property for stormwater protection and adding the purpose of fish passage protection did not negate its authorization. Affirmed.
Court: Washington Court Of Appeals, Judge: Johnson, Filed On: September 12, 2024, Case #: 101894-1, Categories: Property, Water
J. Johnson finds the trial court properly convicted defendant for online solicitation of a minor. The investigating officer testified that, upon receiving a cyber tip, he went undercover on a messaging app posing as an underage girl. Though the app crashed during the investigation, and defendant says the messages lost in the crash would provide exonerating context, the existing evidence still supports the conviction. Defendant's appellate brief does not identify evidence from which the trial court could have found the state acted in bad faith in failing to preserve missing messages. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 11, 2024, Case #: 09-23-00132-CR, Categories: Evidence, Sex Offender, Child Victims
J. Johnson finds that the district court properly granted a cemetery owner's exception of no right of action related to a tour company's possessory suit, which challenged the closure of the cemetery except to family members and the cemetery owner's own tour group. The cemetery owner, as a cemetery authority and religious cemetery, has the statutory right to limit cemetery access. Further, the tour company does not show that all of its members have family buried in the cemetery, and there is no right to access the cemetery that is being denied. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: September 4, 2024, Case #: 024-CA-0044, Categories: Property, Contract
J. Johnson finds that defendants were properly convicted of second degree murder and various offenses related to the crime. Multiple eyewitnesses testified to defendants' shooting of the victims, and there was surveillance footage showing two men dressed in black opening fire on the victim. Further, there was witness testimony that one of defendants admitted to the shooting and needed help to get rid of the evidence. However, defendants' sentences should be vacated because the trial court did not follow the 24 hour sentencing delay after the denial of their motions for a new trial. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: September 4, 2024, Case #: 2023-KA-0058, Categories: Murder, Sentencing
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J. Johnson finds that the state presented evidence independent of defendant’s confession to murdering his father and sister that proves that the crime charged in the complaint occurred. A medical examiner testified during the trial that both the defendant’s father and mother died of gunshot wounds to the head. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: September 3, 2024, Case #: A23-0750, Categories: Firearms, Murder
J. Johnson finds the trial court properly denied the civilly committed inmate's bill of review challenging his commitment. Committed as a sexually violent predator, the inmate says the particular court did not have jurisdiction to order the commitment. The court was created as one of general jurisdiction with preference to hear civil commitment proceedings under Health and Safety Code. After the inmate was committed by an order of another court, that judge, acting in his capacity as administrative judge, transferred the matter to the general jurisdiction court. The commitment was correctly transferred, and the committing court had the authority to order the inmate placed in a tiered treatment program in a total confinement facility. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: August 29, 2024, Case #: 09-24-00070-CV, Categories: Commitment, Due Process, Jurisdiction
J. Johnson finds that defendant was properly convicted of armed robbery. The victim testified to being held up at gunpoint by two intruders, one of whom he identified as defendant. A gun and stolen property from the victim's family were found in defendant's car. Also, there was surveillance photos from the bank showing the victim, defendant, and an accomplice in a vehicle, taking out money from the victim's account. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: August 28, 2024, Case #: 23-KA-558, Categories: Evidence, Robbery
J. Johnson finds that the circuit court properly granted summary judgment in favor of condominium owners in a dispute with a member of the condominium association. “Plaintiffs have failed to demonstrate that there is any genuine issue of material fact regarding defendants’ affirmative defenses that serve to defeat plaintiffs’ complaint for specific performance.” Affirmed.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: August 23, 2024, Case #: 232176, Categories: Evidence
J. Johnson grants the defendant company's motion to strike the second amended complaint that alleges nonpayment of services provided in connection with a data migration project. The second amended complaint was not timely filed and was filed without obtaining "the opposing party's written consent or the court's leave." However, the plaintiff company has alleged plausible claims, so its motion for leave is allowed, and its third amended complaint is considered the "live pleading."
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: August 23, 2024, Case #: 4:23cv969, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Johnson finds that defendant was properly convicted before a judge-alone court-martial of sleeping on his post as sentinel on a harbor patrol boat because defendant did not have a due process right to a court-martial before a panel of members. Affirmed.
Court: Court of Appeals for the Armed Forces, Judge: Johnson, Filed On: August 22, 2024, Case #: 23-0140, Categories: Due Process
J. Johnson finds that the trial court properly found for a dog owner on a pedestrian's claim for damages as a result of a dog bite. In this case, the pedestrian did not show how the dog owner was responsible for the bite. The dog owner attested that the dog did not have a history of aggression and no history of biting people. Further, the pedestrian does not show that the dog owner's act of repairing his fence after the attack indicated that the dog owner created an unreasonable risk of harm. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: August 19, 2024, Case #: 2023-CA-0807, Categories: Negligence, Contract
J. Johnson finds the lower court properly granted the prosecutor's motion for a permanent injunction against the sheriff's department. The department's repeated failure over a number of years to produce investigative materials required the prosecutor to seek "certain remedies" allowed under Colorado law to prevent further delays, many of which led to the dismissal of criminal charges. Affirmed.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: August 15, 2024, Case #: 2024COA93, Categories: Criminal Procedure, Discovery
J. Johnson finds the lower court erroneously reallocated decision-making responsibility of parenting time from the mother to the father. Colorado law imposes a heightened burden of proof for such decisions; therefore, the case will be remanded to allow the court to consider both the best interests of the child at issue, as well as whether a change in parenting time would endanger the child or impair his physical or emotional development. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: August 15, 2024, Case #: 2024COA92, Categories: Civil Procedure, Family Law
J. Johnson finds the trial court properly modified the parent-child relationship in favor of the mother. The mother testified about the child's sleep needs, as well as about the amount of driving required to meet the father's request for modification. She also testified as to the extent to which the father's shift work affects his time with the child. The court properly considered the child’s age, her present and future emotional and physical needs, and the distance between the parents' residences. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: August 15, 2024, Case #: 09-23-00364-CV, Categories: Evidence, Family Law, Guardianship
J. Johnson grants the individual plaintiff's motion to amend the judgment for re-election of remedies following a jury verdict finding the accused parties liable for fraud, negligent misrepresentation and breach of contract. The individual plaintiff will be allowed to recover damages under the statutory fraud theory instead of common law fraud since that affords him the greatest recovery when combined with attorney fees.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: August 14, 2024, Case #: 4:17cv404, NOS: Other Contract - Contract, Categories: Civil Procedure, Damages, Contract
J. Johnson finds that the trial court properly overruled a voter’s objection to a judge’s qualifications to run for Assistant Justice District Two. The record shows that the judge’s tax preparer electronically filed his 2022 and 2023 state and federal income tax returns. Although there was testimony that the taxes had been rejected and needed to be filed in an alternate manner, the rejection does not amount to a failure to file. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: August 8, 2024, Case #: 2024-CA-0484, Categories: Elections, Judiciary, Tax
[Consolidated.] J. Johnson finds the trial court properly convicted defendant for failure to identify and criminal trespass based on sufficient evidence. Residents of the fenced community testified they met defendant on the property and he told them he was there “spreading the word of God.” Defendant refused to leave the property until the police arrived, following which he would not provide his name or ID. The court properly denied defendant's request to reopen evidence for a second time after reasonably concluding the evidence was cumulative and would not make a material difference. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 31, 2024, Case #: 09-23-00296-CR , Categories: Trespass, Identification
J. Johnson finds the trial court properly convicted defendant for continuous sexual abuse of a child. Testimony of multiple family witnesses, as well as child pornography found on defendant's phone, support the conviction. The evidence is sufficient to support the jury’s finding that the victim was under 14 years of age when he was sexually assaulted by defendant, who was 17 years of age or older. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 31, 2024, Case #: 09-23-00315-CR, Categories: Evidence, Sex Offender, Child Victims
J. Johnson finds that the trial court properly denied an unlicensed private investigator's motion to vacate and set aside a judgment in favor of the Board of Private Investigator Examiners. In this case, the private investigator's appeal was filed until more than three years after the judgment was entered.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: July 31, 2024, Case #: 2023-CA-0216, Categories: Civil Procedure
J. Johnson finds the trial court properly revoked defendant's community supervision. Convicted by guilty plea for felony stalking, the trial court deferred adjudication of guilt, placing defendant on community supervision for 10 years and imposing a $1,000 fine. His community supervision was revoked for failure to maintain a monitoring device, failure to report, failure to provide verification of community service and therapy, and failure to stay within the county. Defendant pleaded true to the violations and did not preserve his claims that his right to be heard and his right to allocution were violated. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 24, 2024, Case #: 09-23-00374-CR, Categories: Evidence, Probation, Menacing
J. Johnson finds the trial court properly convicted defendant for murder. Extensive evidence, including witness testimony, a gun, as well as a gun magazine and a bloody T-shirt recovered from a vehicle associated with defendant support the conviction. Though the jury charge included an instruction of self-defense, there is sufficient evidence to support the jury’s rejection of defendant's version of events. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 24, 2024, Case #: 09-23-00215-CR, Categories: Evidence, Murder, Self Defense