57 results for 'judge:"Hudson"'.
J. Hudson denies the blind inmate's motion to preclude the department's affirmative defense. The blind inmates generically accuse the department of failing to accommodate their blindness. The blind inmates sought to bar the department from arguing after the fact that the accommodations posed an undue burden. A head of the public entity or a designee must provide a written statement on the reasons for denying accommodations. The head of the department did not need to give the written statement because the Americans with Disabilities Act coordinators of the prisons count as designees. The inmates also failed to identify which responses to their accommodation request were inadequate.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: May 15, 2024, Case #: 3:23cv127, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Prisoners' Rights
J. Hudson finds the county court properly denied the inmate's petition for a writ of habeas corpus. Defendant was convicted for battery and committing a terroristic act for firing a weapon into an occupied vehicle, causing injury. Though sufficient evidence supports the convictions, defendant says the presiding special judge was not properly appointed, and also makes double jeopardy claims. Defendant offers no evidence the judge's appointment failed to comply with procedure, and a challenge to the appointment of a special judge is not cognizable in habeas proceedings. The acts of firing the weapon multiple times and the result of the victim being injured are legally separate charges, and double jeopardy does not apply. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: May 9, 2024, Case #: CV-23-633, Categories: Habeas, Battery, Terrorism
J. Hudson finds the trial court properly convicted defendant for capital murder, aggravated residential burglary, robbery and theft. Defendant was arrested after DNA evidence showed he was involved in an apartment break-in and murder. The court properly denied defendant's motion to exclude officer testimony involving fresh blood drops she saw that dried before being taken as evidence. Defendant thoroughly impeached the witness, and the jury was free to determine the weight held by the officer's testimony. The testimony was properly admitted, as the officer's opinion was based on her experience as a crime-scene specialist. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: May 9, 2024, Case #: CR-23-710, Categories: Burglary, Evidence, Murder
J. Hudson grants partial judgment to the state prison system in a suit filed by blind inmates, claiming the correctional system does not properly accommodate their blindness. There is still a genuine dispute over whether the tablets provided to blind inmates are truly accessible instruments for the blind. The tablet has a talk-back feature, and many have a Braille keyboard. The state also showed that it provided alternative means for blind inmates to communicate with friends and family, including in-person and telephone visits.
Court: USDC Eastern District of Virginia, Judge: Hudson , Filed On: May 8, 2024, Case #: 3:23cv127, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Prisoners' Rights
C.J. Hudson partially affirms the defendant's convictions stemming from a 1993 cold-case murder. The district court did not err in finding that the defendant had no reasonable expectation of privacy in DNA found on a discarded napkin at a hockey game and that analysis of the DNA was therefore not a search. Any error in precluding the defendant from presenting evidence of an alternative perpetrator at trial was harmless, and the district court did not abuse its discretion in excluding expert testimony as late discovery. Prosecutors' statements in closing arguments did not constitute error, circumstantial evidence was sufficient to support the jury's verdict that the defendant was guilty of first-degree murder, and the defendant did not receive ineffective assistance of counsel. It was, however, error to convict the defendant of both first-degree felony murder and second-degree intentional murder, a lesser-included offense. Affirmed in part.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: May 8, 2024, Case #: A22-1679, Categories: Dna, Evidence, Murder
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J. Hudson finds the trial court properly convicted defendant for child sexual abuse and rape, sentencing him to 25 years in prison. Nothing in defendant's confession video suggests coercion or involuntariness, and he fails to show the court's decision to allow it into evidence was erroneous. All evidence supports the conviction and nothing in the record suggests the judge considered extraneous allegation when sentencing. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: May 2, 2024, Case #: F-2022-620, Categories: Evidence, Sex Offender, Child Victims
J. Hudson finds the circuit court properly denied defendant's petition for writ of mandamus seeking to withdraw his guilty plea for his conviction on a charge of attempting to furnish a prohibited article into a correctional facility. Separate from his murder, assault, burglary and kidnapping charges, defendant attempted to introduce a cell phone battery into his jail cell while awaiting trial. After a guilty plea conviction, the conviction and sentence cannot be modified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 18, 2024, Case #: CR-23-646, Categories: Sentencing, Smuggling, Plea
J. Hudson finds the trial court properly dismissed the voter advocacy group's complaint for declaratory relief. The group says voting machines used by the state are noncompliant because the voter cannot independently verify selections on the ballot prior to casting a vote. Testimony introduced at the hearing established the voter has the opportunity to review his or her selections on a summary screen. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 4, 2024, Case #: CV-23-755, Categories: Administrative Law, Constitution, Elections
J. Hudson finds the trial court properly struck the complaint, finding the attorney is a necessary witness. The department of finance and administration declined a trade-in tax credit on vehicles transferred to the company after they were purchased by individuals with company funds. The attorney representing the vehicle purchasers was in involved in the original scheme, and the trial court properly applied all tests in determining he is disqualified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 4, 2024, Case #: CV-23-59, Categories: Fraud, Tax, Attorney Discipline
J. Hudson finds the trial court properly convicted defendant for manslaughter. It is undisputed defendant stabbed the victim to death, suspecting him of having a sexual relationship with his girlfriend. Though defendant asserted self-defense, he sustained no significant injury. Defendant's claim the trial court did not have jurisdiction, being he is a member of the Osage Nation, no case he cites overrules precedent that the Osage reservation was disestablished by congress. Possible jury privacy infringements from security video of deliberation are not structural but are subject to a rebuttable presumption of prejudice. The state aptly rebutted this. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: April 4, 2024, Case #: F-2022-208, Categories: Jury, Manslaughter, Jurisdiction
J. Hudson finds the lower court properly granted summary judgment to the health research foundation. Doctors exposed Guatemalan prisoners and sex workers to sexually transmitted diseases without their full consent in an effort to better understand diseases like gonorrhea and syphilis. Although the foundation provided general funding, the doctors who infected the prisoners were not acting as agents of the foundation. Affirmed.
Court: 4th Circuit, Judge: Hudson, Filed On: March 20, 2024, Case #: 22-1678, Categories: Civil Rights, Health Care, Immunity
J. Hudson adopts in part the Minnesota Board of Law Examiners' recommendations regarding the Minnesota bar examination, and directs an Implementation Committee to "further explore a supervised practice-based pathway for assessment."
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: March 13, 2024, Case #: ADM10-8008, Categories: Administrative Law
J. Hudson finds the trial court properly convicted defendant for the murder of his 3-year-old son. Evidence, including a text exchange between he and the mother of the child in which defendant told her "You’re not getting my son...I got him from now on,” and a subsequent autopsy that revealed injuries that had occurred within the time defendant had the child, support his conviction. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: February 15, 2024, Case #: CR-22-590, Categories: Evidence, Murder, Threats
J. Hudson affirms the district court's determination that the defendant's equity in his home is a "resource" for the purposes of calculating his ability to pay criminal restitution. Home equity may be considered a "useful and valuable possession" for those purposes even when the home is co-owned with a non-defendant spouse. Affirmed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: February 14, 2024, Case #: A22-0630, Categories: Fraud, Restitution
J. Hudson reverses the Court of Appeals' reversal of the district court's certification of a dismissal order as a partial final judgment in a breach-of-contract case related to a wastewater treatment plant improvement project. The contractor requested, and the city stipulated to, certification, and the district court documented its reasons for granting certification rather than delaying an appeal until resolution of underlying claims. The risk of mootness is outweighed by other factors supporting certification, including the separability of the claims, and the district court therefore did not abuse its discretion in certifying the order. Reversed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: January 31, 2024, Case #: A22-1771, Categories: Civil Procedure, Contract
J. Hudson adopts several proposed amendments to the rules of the Minnesota Client Security Board. The court declines to adopt a rule barring attorneys from receiving payment for assisting with prosecuting claims to the board without board approval, finding it unnecessary. A rule permitting the board to deny any claim is modified to specify the factors it must consider, and a third proposed rule seeking to formally define "loss" is not adopted as it is duplicative of another rule.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: January 24, 2024, Case #: ADM10-8005, Categories: Administrative Law, Civil Procedure
J. Hudson finds the trial court properly convicted defendant for first-degree murder based on sufficient evidence. The fiancé of the victim testified that defendant, during an altercation at the victim's house, hit the victim with a baseball bat, and returned to the home several times while carrying a gun. Defendant shot the victim at a party soon after. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: January 18, 2024, Case #: CR-22-615, Categories: Evidence, Murder, Due Process
J. Hudson finds the trial court properly convicted defendant for three counts of rape based on sufficient evidence. A minor child testified defendant, his babysitter, ordered the child to put his penis in his mouth, telling him not to reveal the event to anyone. Two years later, when the family moved, the child told his mother, who notified police. Evidence of defendant's prior sexual conduct with two other witnesses when they were minors was properly allowed under the pedophile exception and was not more prejudicial than probative. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: December 14, 2023, Case #: CR-23-223, Categories: Evidence, Sex Offender, Child Victims
J. Hudson, on review, grants the Masonic Lodge’s motion to dismiss the lodge member’s appeal of the circuit court’s dismissal of his complaint against it for failure to file a complete record. The lodge member seeks a writ of certiorari to complete the record. The court reporter’s statement as to the hearing’s being “short” did not indicate that she could prepare the transcript within 90 days. The reference was to the expected cost for the transcript, not the time it would take her to prepare it. This does not concur with the lodge member’s argument that an extension was unavailable because his ethical obligations prevented him from requesting one. He failed to obtain an extension or to demonstrate that he was unable to do so. The appeals court order is vacated. The lodge member’s motion for writ of certiorari to complete the record is denied. The lodge’s motion to dismiss the appeal is granted.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: November 9, 2023, Case #: CV-22-600, Categories: Evidence, Due Process
J. Hudson finds the trial court properly convicted defendant for capital murder. After the victim failed to show up for work, she was discovered in her house, dead from a gunshot wound. Defendant was stopped as a person of interest and a handgun purchased by the victim four days earlier was found in his vehicle. Forensic analysis revealed that it was the weapon used in the murder. Because a police officer can make an investigatory stop without violating the Fourth Amendment if he has reasonable suspicion the court properly denied defendant’s motion to suppress evidence from the stop. No prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: October 26, 2023, Case #: CR-22-651, Categories: Evidence, Murder, Search
J. Hudson affirms the Court of Appeals' finding that an exception to HIPAA's privacy rule allowing nonprofit hospitals to fundraise for themselves using certain patient data without authorization is a "specific authorization in law" under the Minnesota Health Records Act, and so is not reverse-preempted by the state law.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: October 11, 2023, Case #: A22-0275, Categories: Preemption, Privacy
J. Hudson transfers attorney Jeffry Olson to disability inactive status in light of evidence of his disability provided to the Director of the Office of Lawyers Professional Responsibility. A disciplinary investigation is stayed until such time as Olson petitions for reinstatement.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: October 7, 2023, Case #: A23-1305, Categories: Attorney Discipline
J. Hudson transfers attorney Richard Saliterman to disability inactive status in light of a finding that a medical condition makes him unable to competently represent clients. Disciplinary proceedings are stayed until such time as he is reinstated.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: October 3, 2023, Case #: A21-0764, Categories: Attorney Discipline
J. Hudson finds the circuit court properly denied the inmate’s petition for declaratory judgment and mandamus challenging what he alleges is the Arkansas Department of Correction’s illegal change of his discharge date. The inmate was convicted for 10 felony offenses and was released on suspended sentence terms and returned to custody due to violations. A period where the inmate was missing from his residence and in the custody of mental-health facilities does not constitute time served. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: September 28, 2023, Case #: CV-22-702, Categories: Parole, Due Process
J. Hudson suspends attorney John Person from the practice of law for a minimum of four months for failing to exhibit requisite preparedness, thoroughness and legal knowledge required for representation, assisting a client in fraudulent conduct and making false statements in furtherance of that conduct. The recommended 60-day suspension does not reflect the seriousness of Person's misconduct and is insufficient to deter further misconduct, but his overall fitness to practice law is not in question, so the requirement that he petition for reinstatement is waived.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: September 28, 2023, Case #: A23-0669, Categories: Attorney Discipline
J. Hudson denies the juvenile offender’s petition for writ of certiorari or prohibition requesting relief after the circuit court denied his motions to dismiss the robbery, theft, drug possession and fleeing charges against him. The original charges were dismissed due to the state’s lack of readiness, but petitioner was arrested later on charges arising from the same conduct alleged in the dismissed juvenile-delinquency petition. Because there was no contemporaneous objection, the court did not commit an abuse of discretion by denying the motion to dismiss based on a speedy-trial violation. Petitioner did not argue that the time period between the filing of the first criminal information and his second arrest was not properly excluded from the speedy-trial calculation. His challenge to this particular period of time was not ruled on and is not preserved for review. Denied.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: September 28, 2023, Case #: CR-22-677, Categories: Drug Offender, Theft, Speedy Trial