20 results for 'judge:"Christensen"'.
J. Christensen finds that defendant was properly convicted of robbery, theft, and other charges after he assaulted a husband and wife in their home while impersonating a police officer in order to steal $50,000 from their safe. Defendant committed two separate thefts, as the money belonged separately to both the husband and wife. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: May 10, 2024, Case #: 22-2100, Categories: Robbery, Theft, Assault
J. Christensen finds that the juvenile was improperly denied additional expert witness fees at state expense regarding weapon and drug violations because the state failed to outline the reasons for denying a doctor's drive-time expenses. Reversed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: May 3, 2024, Case #: 23-0214, Categories: Juvenile Law, Experts
J. Christensen finds that defendant was properly convicted of possession of a firearm as a felon and aggravated eluding after leading a police officer on a car chase following a routine traffic stop because evidence supported the jury's conclusion that defendant had constructive possession of the firearm.
Court: Iowa Court Of Appeals, Judge: Christensen, Filed On: April 19, 2024, Case #: 23-0055, Categories: Firearms
J. Christensen finds that defendant was properly convicted of indecent exposure after masturbating in front of two women since the unit of prosecution for indecent exposure is one count per viewer, not one count per exposure. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: April 19, 2024, Case #: 23-0560, Categories: Sex Offender
J. Christensen grants a preliminary injunction against the Interim Director of the
Montana Department of Transportation over his ability to enforce a durational limit on political signs near highways. The director has promised not to enforce the limit and says that the case is moot, and while it is true that an injunction will have "little functionality" because of the director's decision to not enforce it, the injunction will be issued regardless for the simple reason that those bringing the suit still have the merits of the case on their side.
Court: USDC Montana, Judge: Christensen, Filed On: April 8, 2024, Case #: 6:23cv21, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
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J. Christensen dismisses civil rights claims against Flathead County in a dispute brought by a woman who was shot by police during a standoff with her barricaded inside a trailer and armed with a pistol. She has not brought forward any evidence that shows she was shot as a result of poor training or any unlawful policies installed by Flathead County, shielding the county from the claims. She is given the chance to amend her claims to attempt to show how the county could be held liable.
Court: USDC Montana, Judge: Christensen, Filed On: April 1, 2024, Case #: 9:23cv65, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Christensen finds that defendant was properly convicted of gambling and making a false claim of winnings after she told casino employees she had won a $4,000 jackpot from a slot machine when her boyfriend had been the rightful winner. Evidence indicated defendant acted with intent to defraud and that she "had not made a wager contingent on winning a gambling game." Affirmed in part.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: February 23, 2024, Case #: 22-0892, Categories: Fraud
J. Christensen grants the city and a police officer summary judgment in claims stemming from a collision that occurred while the officer was responding to an emergency because the officer was driving at a reasonable speed and had no reason to believe the other driver would proceed through the intersection.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: December 29, 2023, Case #: 22-1026, Categories: Negligence
J. Christensen finds that attorney Scott Alden Sobel should be suspended for 30 days for failing to review or share a presentence investigation report with the client before sentencing and based on multiple past attorney ethics violations.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: November 9, 2023, Case #: 23-0549, Categories: Attorney Discipline
J. Christensen finds in favor of a Montana university in a dispute with a former women's basketball coach who claims she was treated and judged more harshly during her time as coach than her male counterparts. The former coach raises several arguments that she claims points to proof of a discriminatory motive, such as alleged altered documents and comments made by other staff, but none of them rise to the evidence needed to support her discrimination claims. The university has also shown they had a valid reason for not renewing her contract.
Court: USDC Montana, Judge: Christensen, Filed On: October 31, 2023, Case #: 9:21cv138, NOS: Employment - Civil Rights, Categories: Employment
J. Christensen finds that defendant was properly convicted of first-degree robbery and willful injury causing serious injury after he attacked a man with a baseball bat outside the man's apartment complex based on evidence including the victim’s testimony and corroborating surveillance video of the attack. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: October 20, 2023, Case #: 22-0324, Categories: Evidence, Probation, Assault
J. Christensen finds that defendant was properly convicted of willful injury causing serious injury after robbing one victim and assaulting another. Defendant's accomplice wore a black paintball-style mask and brandished a rifle while defendant held a knife, which indicated defendant aided and abetted the crime. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: October 20, 2023, Case #: 21-0522, Categories: Evidence, Robbery, Assault
J. Christensen grants a motion to enjoin the Greater Red Lodge Area Vegetation and Habitat Management project, a proposed logging effort across roughly 20,000 acres in Carbon county. The government violated the National Environmental Policy Act by failing to consider certain environmental effects of the project on local wildlife, such as the local lynx habitat.
Court: USDC Montana, Judge: Christensen, Filed On: August 23, 2023, Case #: 9:21cv84, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency
J. Christensen finds in favor of the environmentalists on their claims that several national forest plans did not properly consider how vehicles would influence local grizzly populations. The government is relying too strongly on road closure effectiveness data, despite using improper road closure measures intended to keep certain paths secure for wildlife.
Court: USDC Montana, Judge: Christensen, Filed On: August 3, 2023, Case #: 9:21cv5, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Christensen enjoins the U.S. Forest Service from implementing the Ripley Project, a vegetation management effort in Montana, after environmentalists claimed the Forest Service didn't carry out its due diligence in reviewing the project before granting approval. While the Forest Service prevails on several claims regarding road closures and how they would influence bear populations, the environmentalists have shown the agency violated NEPA by not preparing environmental impact statements and not conducting a cumulative effects analysis with regards to grizzlies.
Court: USDC Montana, Judge: Christensen, Filed On: June 26, 2023, Case #: 9:21cv105, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Christensen finds in partial favor of the Forest Service Employees for Environmental Ethics’ in their lawsuit against the U.S. Forest Service for discharging aerially deployed fire retardant, on nearly 500 occasions between 2012 and 2019, into U.S. waters without a permit. The Forest Service is not enjoined from using aerial deployment of fire retardant to fight wildfires, but its discharges are still in violation of the Clean Water Act. The Forest Service is ordered to update the court every six months as it works towards obtaining the proper permit.
Court: USDC Montana, Judge: Christensen, Filed On: May 26, 2023, Case #: 9:22cv168, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Agency