98 results for 'judge:"Murphy"'.
J. Murphy finds the trial court properly convicted defendant for robbery, theft of a firearm and firearm possession by a felon, sentencing him as a habitual offender to 40 years in prison. The high crime-area church pastor testified defendant, who he had cared for, allowing him use of a shower and providing him with clothes, pushed him to the ground and stole his gun. Though defendant says the court lacked subject matter jurisdiction to enter sentences on robbery and theft because theft is a lesser-included offense of robbery, this double jeopardy argument is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: May 1, 2024, Case #: CR-23-285, Categories: Robbery, Theft, Double Jeopardy
J. Murphy finds that the lower court properly denied a preliminary injunction request from a group looking to challenge a new Colorado law that requires certain language disclosures for ballot measures that contain a tax-related change. The group says that the mandated language in the ballot titles is unconstitutionally compelling its political speech, but they are not likely to succeed on the merits of their claims. The law governing the titles for the ballot measures falls under government speech that is not intended to represent any expressions or feelings from the ballot's proponents, leaving it protected under the law. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: April 26, 2024, Case #: 23-1282, Categories: Constitution, Tax, Injunction
J. Murphy finds the circuit court properly upheld the denial of the firefighter's claim for duty disability retirement based on substantial evidence. The firefighter sought treatment and therapy for PTSD, and was placed on medical leave before pursuing retirement benefits. A doctor reported the available information did not support total and permanent disability. The firefighter provides no convincing support for his claim the board of trustees disregarded facts. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 24, 2024, Case #: CV-22-650, Categories: Employment, Health Care, Workers' Compensation
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J. Murphy finds the circuit court properly denied the stepfather's petition to adopt his 13-year-old stepdaughter. The stepfather sought adoption after the child's biological father petitioned to establish paternity and visitation. Though the healthy, academically achieving daughter considers her stepfather her father, having no interest in visitations with her biological father, the record demonstrates the mother hindered the biological father/daughter relationship by not telling him about her for the first two years of her life. The mother also told the daughter she was conceived by rape. The biological father has regularly paid child support, also carrying insurance on the daughter. Adoption is in derogation of the natural parent's rights and the biological father has contested the adoption. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 24, 2024, Case #: CV-23-311, Categories: Evidence, Family Law, Guardianship
J. Murphy finds the circuit court properly granted the prescriptive easement with limitations. Though the grantee says the court improperly limited use of the road subject to the easement, the limitations properly address only the historical use of dominant tenements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 17, 2024, Case #: CV-22-774, Categories: Evidence, Property
J. Murphy finds the circuit court properly dismissed the ex-husband's motion for modification of support and alimony. Though the husband's income decreased, and he says there is no longer a need for the obligation since the wife's income has increased, he is still capable of meeting the obligation. The court correctly found, and the record supports, the wife still has a need for support “to maintain the...lifestyle for [her]...children." Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 17, 2024, Case #: CV-23-315, Categories: Evidence, Family Law, Contract
[Consolidated.] J. Murphy finds that the lower court properly in part denied officers’ motion for summary judgment in these claims of excessive force and failure to intervene. The officers have opposite arguments but cannot justify the force of kneeing and dragging the suing citizen. The plaintiff alleges one officer punched, kneed him in the back while dragging him across the floor and the other officer failed to intervene. This case is partially dismissed for lack of jurisdiction, and the both officers are owed summary judgment on the failure-to intervene claims. Affirmed in part. Reversed in part.
Court: 6th Circuit, Judge: Murphy, Filed On: April 15, 2024, Case #: 22-1990, Categories: Malicious Prosecution, Negligence, Police Misconduct
J. Murphy finds that the lower court properly denied a petition to quash a subpoena from the IRS against a church for tax records. The church claims that before the IRS issued the subpoena it ignored the requirements for church inquiries and that the IRS official who signed off on it was not an “appropriate high-level Treasury official." The regulations regarding what kind of official signs off on a subpoena do not apply here, and even if they did, there is nothing on the record that shows the IRS ignored the proper procedures. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: April 9, 2024, Case #: 23-3063, Categories: Tax
J. Murphy finds the trial court improperly denied the refrigeration installer's request for a preliminary injunction. The installer alleges a noncompete agreement was violated by the other refrigeration equipment installer. The circuit court erroneously failed to consider Arkansas Code's covenant-not-to-compete statute as it relates to what constitutes irreparable harm. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 3, 2024, Case #: CV-23-158, Categories: Due Process, Contract, Injunction
J. Murphy finds the circuit court improperly found for the hospital and its billing agent. Patients filed this class action after the hospital declined to bill their insurer, Blue Cross, for treatment for injuries from an auto accident, seeking the full amount from the patients and the at-fault party. The court improperly refused to allow the patients to conduct discovery to fully respond to the hospital's motions for summary judgment and to dismiss. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 3, 2024, Case #: CV-22-211, Categories: Debt Collection, Health Care, Discovery
J. Murphy finds the district court properly found a company owner lied to the department about how she spent a federal and state grant and the jury convicted her of three financial crimes. The owner challenges the evidentiary and instructional rulings alleging the court should have reduced the estimate sums that was spent on her research and development project. The challenges of errors did not harm the owner in any way and she fails to satisfy her burden of proof. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: April 1, 2024, Case #: 22-5931, Categories: Fraud
J. Murphy finds the county court improperly declined the mother's request to modify custody. Since the entry of the order, the father was arrested for domestic battery, was under investigation for child abuse and had slapped the child in the face when he would have been six years old or younger. The court improperly found no material change had occurred warranting modification. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: March 27, 2024, Case #: CV-23-259, Categories: Evidence, Family Law, Guardianship
J. Murphy grants the school district’s motion for summary judgment against a Black employee’s race discrimination, hostile work environment and retaliation claims. The record lacks direct evidence of discrimination because the employee’s white coworkers were subjected to the same, sometimes difficult, work environment.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: March 27, 2024, Case #: 2:22cv4596, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Murphy finds that the district court correctly dismissed a woman’s claims that she was wrongfully arrested and that deputies used excessive force when placing her in a cell at the county jail. The deputies had probable cause to arrest her under suspicion that she had committed assault, and deputies properly used force to detain in response to the woman’s behavior, which indicated a risk of suicide. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: March 22, 2024, Case #: 23-1739, Categories: Civil Rights, Tort, Police Misconduct
J. Murphy finds the trial court properly convicted defendant for four counts of first-degree sexual assault, amended from the original charge of rape. Defendant's ex-wife's minor daughter asserted he raped her multiple times between the ages of 14 and 17. Sufficient evidence supports the conviction. Though defendant moved to strike the amended information or for a continuance, saying the information was filed giving him inadequate notice, the amendment was made after defendant divorced the mother and moved out of the residence, changing the nature of the relationship. This was known to the defense since the pendency of the case, and the court properly denied the motion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: March 13, 2024, Case #: CR-23-131, Categories: Sex Offender, Due Process, Child Victims
J. Murphy finds the trial court properly convicted defendant for murder. The victim's stepson testified that defendant had confronted them outside their apartment, firing shots into the air. The stepson left to call 911, hearing more shots as he ran, then returned to find the victim on the ground and defendant gone. Security video showed defendant fleeing in a vehicle associated with him, while other eyewitnesses also identified defendant as the shooter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: February 28, 2024, Case #: CR-23-322, Categories: Evidence, Firearms, Murder
J. Murphy finds the lower court erroneously denied the jail officers' motion for qualified immunity on civil rights claims filed by the estate of the WWE wrestler. It applied the Sixth Circuit's current caselaw standard, not the standard applicable in 2018 at the time of the inmate's suicide. Although current precedent requires prison guards "recklessly overlook" a pretrial detainee's strong likelihood of suicide, the standard applicable at the time of the incident in question required proof that guards "subjectively believed" there was a strong likelihood of suicide. Because all testimony from the guards in this case indicates the decedent never seemed suicidal, was not experiencing any drug or alcohol withdrawals, and was nearly two decades removed from a previous suicide attempt, they had no reason to believe he would kill himself and are entitled to immunity. Reversed.
Court: 6th Circuit, Judge: Murphy, Filed On: February 16, 2024, Case #: 22-5898, Categories: Civil Rights, Immunity, Wrongful Death
J. Murphy finds the trial court improperly found the land surveyor breached a contract with the owner. The owner, who uses his land as a hunting club, sought the surveyor's services for a cabin construction project, then brought suit against the surveyor alleging he was inadvertently paid an inflated sum for work that was not performed. A preponderance of the evidence establishes the agreed work was something other than what the owner meant to have done. There is no evidence of a specific promise that was breached. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: February 14, 2024, Case #: CV-22-554, Categories: Construction, Property, Contract
J. Murphy grants Airbnb’s motion to compel arbitration against a host who listed his apartment for rent on the platform where it was subsequently damaged by a guest who barricaded himself inside the building, changed the locks, and took full control of the unit for months. The terms of service contain a valid arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: January 29, 2024, Case #: 2:23cv1379, NOS: Other Contract - Contract, Categories: Arbitration, Property, Damages