19 results for 'judge:"Martin"'.
J. Martin finds that the lower court properly declared the state board's decision to revoke the school's charter unlawful. The school has standing to pursue judicial review of the board's determination because 2012 amendments to the law did not signal legislative intent to prohibit judicial review pursuant to the Missouri Administrative Protection Act after revocation of a charter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86457, Categories: Administrative Law, Education, Jurisdiction
J. Martin finds that the lower court properly granted defendant's motion to suppress statements he made during a police interrogation while he was being treated in the emergency room for a self-inflicted gunshot wound. The statements were subject to suppression because police did not advise defendant of his Miranda rights before questioning him. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 23, 2024, Case #: WD86602, Categories: Firearms, Miranda
J. Martin finds that the lower court properly dismissed the deputy's claims seeking judicial review of his termination, but improperly dismissed his discrimination and retaliation claims under the Missouri Human Rights Act. The deputy believed he was white until he took a private genetic test, discovering that he had substantial African American ancestry. He adequately alleges that thirty days after disclosing that he was Black to the sheriff, the deputy was suspended for abuse of authority, incompetence, and offensive conduct -- the same conduct that was tolerated when he was believed to be white. Reversed in part.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 2, 2024, Case #: WD86414, Categories: Employment Discrimination, Employment Retaliation
J. Martin finds that the lower court properly dismissed a woman's trip and fall suit as a sanction for her failure to timely and properly respond to discovery requests. An evasive or incomplete answer is to be treated as a failure to answer. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: March 26, 2024, Case #: WD86378, Categories: Tort
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J. Martin finds that the lower court properly convicted defendant of second-degree murder after overruling his objections to the introduction of statements made by a co-conspirator. The evidence clearly supports a finding that defendant conspired with two other men to develop a plan to rob the victim, so the co-conspirator's comments made in furtherance of that conspiracy are admissible under the co-conspirator exception to the hearsay rule. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: February 13, 2024, Case #: WD85834, Categories: Evidence, Murder
J. Martin finds that the lower court properly terminated the mother's parental rights due to her substance abuse issues and arrest for identity theft. The court expressly made all necessary findings to determine the extent to which the parent maintained regular visitation with her child and how the parent's convictions will impact her ability to provide a stable home. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: February 13, 2024, Case #: WD86297, Categories: Family Law
J. Martin declines to find for either party in personal injury claims involving a plot to physically attack plaintiff, here substituted by his estate, because much of the evidence was hearsay, and judgment favoring either party is not appropriate at this time.
Court: USDC Northern District of Indiana, Judge: Martin, Filed On: February 7, 2024, Case #: 1:17cv223, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Emotional Distress
J. Martin finds for a high school accused of failing to take appropriate action after a coach struck a student in the face during wrestling practice. The principal, who barred the coach from working at the high school but not from coaching at wrestling camp, lacked authority to institute a policy, and slapping the student had not violated the student's constitutional rights.
Court: USDC Northern District of Indiana, Judge: Martin , Filed On: October 13, 2023, Case #: 2:21cv219, NOS: Education - Civil Rights, Categories: Education, Negligence, Emotional Distress
J. Martin finds that the lower court properly denied defendant's motion for post-conviction relief based on his counsel's failure to call a witness whose testimony could allegedly have supported a misidentification defense. The witness's testimony would not have provided defendant a viable defense in light of defendant's confession to assault and robbery. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: September 26, 2023, Case #: WD85758, Categories: Ineffective Assistance, Robbery
J. Martin finds that the lower court properly convicted defendant of operating a motor vehicle in a careless manner causing an accident. A reasonable jury would find that operating a skid loader on the highway in the dark without posting any warning signs was careless. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: September 26, 2023, Case #: WD85805, Categories: Vehicle
J. Martin finds the trial court improperly denied defendant’s motion to withdraw his guilty plea for aggravated vehicular hijacking for which he was convicted and sentenced to a mandatory term of natural life pursuant to the Habitual Criminal Act. The trial court’s finding that defendant understood a mandatory life sentence applied if he pled guilty is against the manifest weight of the evidence. The court abused its discretion by denying defendant’s motion to withdraw his guilty plea being that his lawyer argued that a life sentence would be discretionary. Reversed in part. Vacated in part and remanded.
Court: Illinois Appellate Court, Judge: Martin, Filed On: August 17, 2023, Case #: 1-21-1080, Categories: Evidence, Robbery, Sentencing
J. Martin finds the trial court improperly convicted defendant for first-degree murder for allegedly shooting someone in the head during a fight precipitated by defendant's shouting “f*** [them], play the music!” in response to a moment of silence observed at a bar in honor of a deceased patron. Defendant was apprehended in possession of the weapon used in the shooting after being identified by bar patrons. The court violated defendant's rights to a public trial when it excluded his mother, a potential witness who was present with defendant during questioning, from the courtroom. The state failed to show that there was any reasonable probability that the mother would actually testify, even stating that it was unlikely to call her. Reversed.
Court: Illinois Appellate Court, Judge: Martin , Filed On: June 29, 2023, Case #: 1-18-1070, Categories: Fair Trial, Murder, Due Process
J. Martin finds that the lower court improperly held the village in contempt for alleged violation of a court injunction prohibiting it from interfering with the property owners rights. The court improperly shifted the burden of proof to the village without the property owners first meeting their burden of showing the village infringed on their property rights. Vacated.
Court: Illinois Appellate Court, Judge: Martin, Filed On: May 25, 2023, Case #: 211580, Categories: Contempt, Property, Sanctions
J. Martin finds that the lower court properly ruled that the Missouri Association of Community Task Forces is not a quasi-public governmental body for purposes of Missouri's Sunshine Law. The non-profit's primary purpose is to provide leadership and support activities related to promoting healthy lifestyles, and it is therefore not required to respond to a man's public records request. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: May 18, 2023, Case #: WD85453, Categories: Public Record