32 results for 'judge:"Fox"'.
J. Fox finds that the lower court properly convicted defendant of murder and assault. Defendant claims that the lower court improperly failed to instruct the jury on a mental illness defense, but defendant did not bring forward any real evidence that showed he met the criteria for such a defense. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: May 2, 2024, Case #: S-23-0154, Categories: Murder, Assault, Jury Instructions
J. Fox finds the single proposed transaction agreed to by an undercover police officer and defendant for the sale of one ounce of methamphetamine was insufficient to convict him of conspiracy to distribute a controlled substance. The amount involved was "typical" for a single user to buy, while there was also no agreement for further sales, which proved the existence of only a "buyer-seller" relationship. Vacated.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: May 2, 2024, Case #: 2024COA46, Categories: Drug Offender, Evidence, Conspiracy
J. Fox finds that the lower court properly ruled in favor of a town in a quiet title dispute where a man claims the city took possession of a property lot he lived next to and in which he stored various items. He was not able to show that his use of the lot was "sufficiently hostile" enough to establish a claim for adverse possession, due in large part to the fact that he was given permission to use the lot in the first place.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: April 19, 2024, Case #: 22-1438, Categories: Property
J. Fox finds the lower court erroneously granted the insurers' motions for summary judgment based on the policyholder's noncompliance with policy requirements. The insurers each failed to provide in writing the specific medical records needed to process his claim and also failed to give him the statutorily required 60 days to correct any defects in the records he did provide. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: April 18, 2024, Case #: 2024COA40, Categories: Civil Procedure, Insurance, Contract
J. Fox finds that the lower court properly convicted defendant of sexual assault. Defendant claims that the lower court improperly allowed evidence into the record that came from audio recordings of phone calls defendant made while in custody. Defendant claims they should not have been admitted because the recordings were mostly in Portuguese, but defendant did not object to the use of the recordings during trial and there is no structural reason why their use would call for a reversal of his convictions. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: April 4, 2024, Case #: S-23-0160, Categories: Evidence, Sex Offender
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J. Fox finds the lower court erroneously denied the election commission's request to require the political advocacy group to disclose contributions and expenditures. The group's "major purpose" was the support or opposition to three ballot issues and Colorado election law does not limit the scope of the commission's inquiry to a single issue. The commission was entitled under Colorado law to consider the aggregate spending of the advocacy group, which existed entirely of the ballots issues and subjected its finances to disclosure. Reversed.
Court: Colorado Supreme Court, Judge: Fox, Filed On: March 28, 2024, Case #: 2024COA31, Categories: Elections, Evidence
J. Fox finds that the lower court properly determined that there was enough evidence to find that a mother had neglected her infant son. Evidence on the record from the infant's hospital records showed the baby was being underfed and dangerously underweight, and once he was placed in foster care, he gained a significant amount of weight and was doing well developmentally. These facts, taken as whole, supported the lower court's findings that the infant was being neglected while in the care of his mother. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: March 13, 2024, Case #: S-23-0231, Categories: Family Law
J. Fox finds that the lower court properly ordered that the plan for five children needed to be changed from family reunification to adoption. The mother and father raise several issues on appeal, such as that the lower court violated their due process rights when they made the decision to change the children's plan, but evidence on the record overwhelmingly suggests that changing the plan to an adoption or guardianship was in the best interests of the kids. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: March 4, 2024, Case #: S-23-0173, Categories: Family Law
J. Fox finds that the lower court properly denied a state representative and a local organization's request to intervene in lawsuits challenging Wyoming's abortion restriction laws. The groups trying to intervene have not shown that they have any protectable interest in the underlying lawsuits, and allowing them into the dispute would only result in "undue delay and prejudice." Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: February 2, 2024, Case #: S-23-0196, Categories: Civil Procedure, Civil Rights
J. Fox finds that the lower court properly held a mother in contempt for not following the terms of an order that modified her divorce decree. The mother did not split the payments for medical expenses, follow certain medical directives for her children, or ask for the father's consent before placing the kids in counseling, all of which were clear requirements in the divorce decree.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: January 19, 2024, Case #: S-23-0115, Categories: Family Law
J. Fox finds the trial court properly admitted the injured driver's expert testimony about her impairment rating after the injuries sustained in the car collision. Although the American Medical Association guidelines are typically used in workers' compensation cases, the evidence was relevant in this case and allowed the jury to make a proper damages calculation based on the severity of the injuries, while the at-fault driver was also able to thoroughly cross-examine the expert about his findings. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: January 18, 2024, Case #: 2024COA8, Categories: Vehicle, Negligence, Experts
J. Fox finds that the lower court improperly ordered that a ranch had restricted access to a private road easement in Platte County. The plain terms of the agreement governing the easement do not restrict the ranch in its usage of the easement regarding hunting access, and the lower court relied too heavily on historical uses to implement restrictions. Reversed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: January 16, 2024, Case #: S-23-0132, Categories: Property
J. Fox finds that the lower court properly convicted defendant of aggravated vehicular homicide. Defendant claims that during trial she was denied the ability to give her proposed instructions to the jury, which would have told the jury to consider the victim's actions. Defendant claims this instruction was tied to her theory of defense and that the lower court should have allowed her to raise it, but her proposal is not considered a proper theory of defense instruction under the law and the lower court was correct in denying it. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: December 11, 2023, Case #: S-23-0059, Categories: Vehicular Homicide, Jury Instructions
J. Fox finds the trial court erroneously excluded evidence of defendant's mental illness during her trial on murder and vehicular homicide. The evidence was crucial to the defense's explanation of her calm affect following the incident and was supported by the testimony of an expert witness. Testimony that defendant had previously been diagnosed with a mental illness and failed to take her medications in the days leading up to the incident would not have supported an insanity plea, but rather were indicative of her mental state and should have been admitted by the court. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: December 7, 2023, Case #: 2023COA115, Categories: Evidence, Murder, Experts
J. Fox finds the trial court properly limited the victim's damages to $250,000 in a case pertaining to injuries sustained from a defectively wired stove. The state of Colorado's cap on noneconomic damages does not deprive individuals of their Seventh Amendment right to a jury trial, and the injuries she sustained were relatively minor and have not prevented her from working or leading a productive life. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: November 9, 2023, Case #: 2023COA107, Categories: Constitution, Jury, Damages
J. Fox finds that the lower court properly denied defendant's motion, filing pro se, to correct what he alleges is an illegal sentence for his sexual abuse of a minor conviction in 2009. Defendant claims that his consecutive sentences violate his double jeopardy rights. However, this is first time he has raised that issue in the over 10 years since the sentence, so the request is barred by the doctrine of res judicata. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: October 27, 2023, Case #: S-23-0131, Categories: Sentencing, Sex Offender
J. Fox finds that the lower court properly denied defendant's motion, filing pro se, for a sentence reduction stemming from his series of burglary and assault convictions. While the lower court did improperly conclude that the petition was untimely, the mistake was harmless because the court also ruled that the request lacked merit. This is because defendant did not bring forward any meaningful or new information that supports his reduction request. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: September 22, 2023, Case #: S-23-0089, Categories: Burglary, Sentencing, Assault
J. Fox finds the lower court properly denied the architect's motion to enforce the accrual provision found in Colorado law for construction defects. The provision included in its contract with the school extended the accrual period and is enforceable because it does not violate public policy. The contract does not include an unlimited accrual period or any other language that violates any Colorado statute, and both parties are "sophisticated entities" that could have negotiated different terms for reporting of any defects. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: September 21, 2023, Case #: 2023COA85, Categories: Civil Procedure, Construction, Contract
J. Fox finds that while the trial court erroneously designated vehicular homicide a per se grave or serious offense, its sentence of 29 years in prison did not violate defendant's Eighth Amendment rights against cruel and unusual punishment. The facts of her particular case, which included a history of drunk driving, an excessive blood alcohol level at the time of the accident and the number of injuries sustained to others, allowed for an upward departure from the sentencing guidelines. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: September 21, 2023, Case #: 2023COA83, Categories: Sentencing, Cruel And Unusual Punishment, Vehicular Homicide
J. Fox finds that the lower court properly denied post-conviction relief to defendant regarding his sexual abuse convictions. Defendant moved for relief after one his victims recanted her trial testimony, but the circumstances around the victim recanting were not considered credible. She recanted while suffering from a mental health crisis and while not under oath, so the lower court properly deemed that her trial testimony while under oath was more reliable. Defendant raised no other arguments or evidence on appeal that would otherwise justify his request. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: September 8, 2023, Case #: S-23-0068, Categories: Sex Offender, Witnesses
J. Fox finds that the lower court properly upheld the damages award in an employment dispute in which a doctor was sued for violating a non-compete clause with his former company when he opened his own cardiology office after being fired. The lower court found in favor of the former employer, but also determined the doctor was entitled to half of his deferred compensation without interest. The doctor challenged the lack of interest, but the arbitrator charged with making that determination has the discretion to decide if interest is appropriatea. There is nothing in that determination that suggests it was arbitrary or outside the arbitrator's authority. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: August 28, 2023, Case #: S-22-0290, Categories: Arbitration, Employment
J. Fox finds that the lower court improperly changed the plan to eventually reunify the child and his mother to an adoption plan. The move was made after over a year of little progress on the mother's prior plan, but in its order, the lower court made no mention of efforts to try to reunite the mother with the child. Those findings need to be made before the adoption plan is warranted. Reversed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: August 23, 2023, Case #: S-23-0033, Categories: Family Law
J. Fox finds that the lower court properly denied the Twitter account creator's motion to dismiss a misappropriation claim under the anti-SLAPP provision because the political candidate showed a likelihood of success on the claim, given the mock Twitter account prevented him from using his own name on the site and was likely to harm his political and personal reputation. However, the lack of evidence of any coordinated efforts between the account creator and the Boulder, Colorado activist group prevented the candidate from establishing a likelihood of success on his civil conspiracy claim, which was properly dismissed. Additionally, the activist group will be considered a prevailing party for the purpose of attorney fees, and the case will be remanded to allow the court to consider the amount - if any - to which the group is entitled. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: August 3, 2023, Case #: 2023COA72, Categories: Anti-slapp, Attorney Fees
J. Fox finds that sufficient evidence supported the trial court's determination that a strip of land in a property line dispute had been ceded under the doctrine of boundary by acquiescence. However, it failed to make findings to support its permanent injunction order and attorney fee award. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: July 13, 2023, Case #: 22CA1075, Categories: Property, Attorney Fees
J. Fox finds that defendant waived his right to a public trial when he failed to object to a livestream video feed of jury selection that was part of a Covid-19 protocol. He also waived his claim that his right to be tried for the charged forgery offense was violated when the trial court allowed a constructive amendment. The amendment was not a structural error and he did not object at the time it was made. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: June 29, 2023, Case #: 21CA0834, Categories: Burglary, Due Process, Forgery
J. Fox finds that the lower court properly denied a motion to suppress evidence found a in car that led to a drug charge. The traffic stop that led to the drug find took place after defendant failed to signal a left turn and the officer smelled drugs in the car, so the stop passed legal muster. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: June 27, 2023, Case #: S-23-0016, Categories: Drug Offender, Search
J. Fox finds that a hearing officer properly held that a banquet service charge is not a tip since guests cannot avoid the charge or choose how much it is, so a banquet server is not entitled to the tipped employee minimum wage. The hearing office also properly held that a banquet server cannot be classified as a sales employee since the job is not to make sales, so banquet servers are entitled to overtime wages. But because the employer refused to pay back wages for a good faith reason, it is not required to pay a fine for failure to timely pay back wages. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: June 15, 2023, Case #: 21CA2057 , Categories: Employment
J. Fox finds that the district court properly gave effect to a dying man's intent to give his adoptive daughter his Ford Bronco. His failure to transfer title did not deprive the adoptive daughter of ownership since his videotaped instructions from a Covid-19 isolation ward were clear and unambiguous and he directed his employee to give the keys to her. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: June 15, 2023, Case #: 22CA1076, Categories: Wills / Probate
J. Fox finds that the lower court properly convicted defendant of sexual abuse. Defendant claims the prosecutor committed prosecutorial misconduct by misusing testimony during opening and closing statements, but there is no evidence that the testimony was improperly used. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: June 9, 2023, Case #: S-22-0249, Categories: Prosecutorial Misconduct, Sex Offender