213 results for 'judge:"Brown"'.
J. Brown finds that the trial court properly granted defendant's motion to suppress evidence obtained while an officer was waiting for a backup unit to assist with a stop of defendant's vehicle. Defendant was charged with DUI offenses, reckless driving and driving on the wrong side of the road. The trial court correctly found that defendant's detention by the officer was unreasonably prolonged. The officer failed to immediately perform any field sobriety tests despite being certified to perform them and despite possessing a test in his vehicle which he eventually used on defendant. However, the case is remanded to allow the trial court to analyze whether there was probable cause for defendant's arrest. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 22, 2024, Case #: A24A0328, Categories: Evidence, Dui
J. Brown finds that the district court properly determined that a gas supplier breached its industrial gas supply contract with a chemical manufacturer and properly awarded $88 million in lost profits. The manufacturer's counsel maintained that he could prove to the jury that the damages claim for lost profits and cover damages were valued at $100 million, and the district court used the proper model for calculating damages. Further, the manufacturer shows that there were lost sales due to the breach of contract based on testimony and evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: April 19, 2024, Case #: 2022-CA-0777, Categories: Energy, Damages, Contract
J. Brown finds that the trial court properly convicted defendant of aggravated assault and battery involving family violence, cruelty to children in the first degree and other offenses. The jury was authorized to find that defendant's act in putting a burning notebook on his girlfriend's leg was likely to cause serious injury. Defendant's conduct in trying to hang himself in the presence of a child was sufficient to support his conviction for first degree cruelty to children. However, the evidence was insufficient to support defendant's conviction for cruelty to children in the third degree because the state failed to show that the child saw or heard defendant put the burning notebook on her mother's leg. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 17, 2024, Case #: A24A0548, Categories: Battery, Domestic Violence, Child Victims
J. Brown finds that the trial court properly ruled in defamation claims stemming from statements made to the chief of the fire department at which plaintiff volunteered about plaintiff's prior arrest for impersonating an officer because plaintiff failed to demonstrate that information in the sheriff's department database, or statements made to his employer about his arrest, had been false. Affirmed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: April 10, 2024, Case #: 23A-PL-2229, Categories: Employment, Defamation
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J. Brown finds that the lower court properly denied the city's motion to dismiss plaintiffs' complaint seeking damages for inverse condemnation and alleging the city failed to maintain its sewer system. The municipal ante litem notice requirements are do not apply to the inverse condemnation claim. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 1, 2024, Case #: A24A0019, Categories: Damages
J. Brown finds that the lower court improperly dismissed defendant's motion to suppress. The state had notice that defendant was challenging the traffic stop and his arrest. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0013, Categories: Evidence
J. Brown finds that the lower court improperly dismissed defendant's convictions on multiple counts of aggravated assault and other charges. The state was not required to allege the Covid-19 tolling provisions in each count of the indictment. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0134, Categories: Criminal Procedure
J. Brown finds the trial court properly convicted defendant for raping his girlfriend's daughter. The victim said she was 10 years old when she first made accusations against him, but she later recanted and was returned home after defendant pressured her. Her aunt then read diary entries detailing events of rape, as well as defendant's having bought her a sex toy. Contrary to defendant's argument, the state is not required to prove specifically when and where each act occurred. Furthermore, certain testimony detailing events that occurred outside Arkansas were properly admitted under the pedophile exception. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 27, 2024, Case #: CR-23-387, Categories: Evidence, Sex Offender, Child Victims
J. Brown reaffirms a jury’s verdict that found in favor of a Suffolk County resident on his claim for malicious prosecution against a county police officer, but finds the $600,000 award in damages to be excessive and sends the case back to trial on the issue of damages unless the parties agree to a reduced award of $233,100. Lastly, the court finds the jury’s verdict against Suffolk County was not supported by the evidence and vacates the judgment.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 26, 2024, Case #: 2:16cv4164, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, Police Misconduct
J. Brown refuses to remand an individual's action against an insurer in connection with his negligence case. The district court has diversity jurisdiction, and the amount in controversy exceeds $75,000.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: March 22, 2024, Case #: 3:23cv1455, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Negligence, Jurisdiction
J. Brown finds the trial court improperly excluded DNA evidence in defendant's trial on a single charge of sexual assault of a child. The presence of another individual's DNA on the victim was not protected by the rape shield statute. Defendant did not intend to pursue an alternate suspect theory and claim the victim had sex with another individual, but sought the evidence to rebut the prosecution's theory that defendant's DNA was not found because the victim showered the morning after the assault; therefore, defendant's conviction must be vacated and the case remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: March 14, 2024, Case #: 2024COA27, Categories: Dna, Sex Offender, Child Victims
J. Brown finds the circuit court improperly terminated the Cherokee Nation member's parental rights to his minor son. The son was removed from his mother after she threatened to kill herself and him. paternity test revealed the identity of the incarcerated father, and the Cherokee Nation was informed of its right to intervene. Though both parents have not shown progress with their case plans, the evidence shows there were relatives willing to take custody upon approval of home study. The court also erroneously changed the case’s goal to only adoption following termination in contravention of mandates of the Indian Child Welfare act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CV-23-642, Categories: Evidence, Native Americans, Guardianship
J. Brown finds the circuit court properly granted the final decree for stepparent adoption. The biological father was convicted on mail fraud charges after the parents divorced. The mother then moved out-of-state with the couple's child and remarried. The biological father's consent to adoption by the stepfather was not required because he had failed without justifiable cause to communicate with the child for a one-year period. The adoption is correctly found to be in the child's best interest. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CV-23-172, Categories: Family Law, Guardianship
J. Brown finds the trial court properly convicted defendant for delivery of a controlled substance and maintaining a drug premises. Several controlled buys of drugs from defendant were made by detectives using a confidential informant. Ample evidence supports the convictions, as well as defendant's more than 100-year sentence as a habitual offender. The informant identified defendant as the seller, and defendant's claim the exchange of money not being recorded on a device shows that evidence is lacking is unpersuasive. The informant's testimony does not require corroboration. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CR-23-347, Categories: Drug Offender, Evidence
J. Brown grants the former colleagues' motion for partial summary judgment in a defamation action against the former attorney arising after he falsely accused them of criminal extortion in social media posts. The colleagues had threatened to sue the attorney if he did not accept a settlement demand arising after he failed to pay them under fee-splitting agreements. The threat to sue did not constitute extortion and no reasonable jury could find that the partners threatened to publicly question the attorney's mental health or interfere with his efforts to convince President Trump to award Richard Jewell the Presidential Medal of Freedom. The colleagues were not limited-purpose public figures. The parties' motions to seal are denied.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 12, 2024, Case #: 1:22cv1073, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Brown partially grants the manufacturer's and customer's motion to strike surplusage, irrelevant paragraphs and inappropriate arguments from the company's amended patent infringement counterclaims in a declaratory judgment action brought by the manufacturer. The manufacturer seeks a declaration that a pole for cleaning swimming pools does not infringe on the company's patents. Portions of the counterclaims describing the company's first pole patent application, discussing early communications between the parties and relating to allegations about the benefits of the company's patents are appropriate and will not be struck. The customer's motion to sever and stay the company's counterclaims against it is granted.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 11, 2024, Case #: 1:23cv790, NOS: Patent - Property Rights, Categories: Patent
J. Brown rules in favor of the insurer in a breach of contract action brought by the insured arising after the insurer refused to pay for a new roof on seven of the insured's buildings following alleged hail and vandalism damages. The insured failed to present evidence showing that its claim was timely or that vandalism damages to the roofs occurred after a company made repairs.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 8, 2024, Case #: 1:21cv4776, NOS: Insurance - Contract, Categories: Insurance
J. Jolivette Brown denies a request by insurers to exclude the damage estimates of a certified public accountant for a high school suing a flooring company for fire damage to its gymnasium. The insurers argue a reasonable juror is capable of adding numbers and calculating the soft costs element, which requires one act of multiplication to obtain a 10% sub-amount. While a jury may be capable of adding and multiplying numbers, the fact that a “soft costs” calculation requires a 10% sub-amount is not within the common knowledge of lay person. As such, the expert’s testimony will assist the jury.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: March 8, 2024, Case #: 2:22cv5292, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Insurance, Damages, Experts