9 results for 'judge:"Owens"'.
J. Owens finds that the district court properly entered convictions for wire fraud, mail fraud and various tax offenses. Defendant claimed that the 21 days it took the U.S. Marshals Service to transport him from the District of New Jersey to the Central District of California should have triggered a Speedy Trial Act violation. Defendant claimed that the government did not bring him to trial within the 70-day limit under United States Code. The seventy-day clock is triggered by the public filing of the indictment or the first appearance before a judge. The 21-day delay between defendant's detention in New Jersey and his first appearance before a judge was immaterial to the Speedy Trial Act analysis. Affirmed.
Court: 9th Circuit, Judge: Owens, Filed On: March 7, 2024, Case #: 22-50047, Categories: Fraud, Tax, Speedy Trial
J. Owens finds that the district court improperly denied defendant's suppression motion concerning the search of his apartment in a matter in which defendant was convicted of aiming a laser pointer at an aircraft. The district court held that patrol officers’ warrantless search of the apartment, to which defendant's girlfriend consented, was valid after reviewing the Supreme Court’s cases regarding warrantless searches involving the consent of a co-tenant. However, the lower court properly refused to suppress pre-arrest and post-arrest statements. Affirmed in part.
Court: 9th Circuit, Judge: Owens, Filed On: February 14, 2024, Case #: 22-50186, Categories: Search
J. Owens finds that the lower court improperly tossed claims from a subclass in a class action against the health care employer of a nurse who, while on duty, exposed emergency department patients with hepatitis C while she was diverting narcotics for her own use. The court improperly dismissed claims from a subclass of patients who were not directly assigned to the nurse. These patients can still establish a fear of disease transmission and can show damages during the "window of anxiety" period. Reversed.
Court: Washington Supreme Court, Judge: Owens, Filed On: January 18, 2024, Case #: 101537-2, Categories: Health Care, Class Action
J. Owens finds that the district court properly determined that the California State Bar is entitled to immunity from suit in federal court. The California State Bar has enjoyed Eleventh Amendment immunity for nearly 40 years until this action in which Benjamin Kohn, a licensed California attorney, sought to challenge that immunity. He contends that the State Bar is not an “arm of the state,” and he can sue it without restriction. However, the matter is remanded to the original three-judge panel for consideration of a number of remaining issues. Affirmed in part.
Court: 9th Circuit, Judge: Owens, Filed On: December 6, 2023, Case #: 20-17316, Categories: Constitution, Immunity
J. Owens finds that the lower court improperly reversed an order that granted a Sexual Assault Protection Order against an individual after they were accused of nonconsensual sex by another. The lower court reversed the order on the grounds that the trial court should have considered the man's affirmative defense, but doing so would go against the plan language of the statute. A protection order of this kind is intended to provide sexual assault victims with civil remedies separate from criminal code, and the law governing those orders clearly omits affirmative defenses. Reversed.
Court: Washington Supreme Court, Judge: Owens, Filed On: October 5, 2023, Case #: 101330-2 , Categories: Civil Procedure, Restraining Order
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J. Owens finds that the lower court properly denied a protective order requested by a bank regarding an underlying employment and fraud dispute. Those bringing the suit sought to depose three executives with the bank, and the bank moved for a protective order against the depositions. The lower court, however, rightfully denied the request. The bank's arguments that the "apex doctrine" shielded them are without merit, as it is not a doctrine that has been adopted by a single court in the entire state. It also unfairly shifts the burden of proof during discovery proceedings and undermines court access rights. Affirmed.
Court: Washington Supreme Court, Judge: Owens, Filed On: September 14, 2023, Case #: 100717-5, Categories: Employment, Fraud, Discovery
J. Owens finds that the district court properly issued a refund order to a company for the "unconstitutional statutory fees" it paid as a bankruptcy debtor under the Bankruptcy Judgeship Act of 2017. The 2017 Act applied to the company’s bankruptcy proceeding, even though its case was already pending when the Act took effect. Affirmed.
Court: 9th Circuit, Judge: Owens, Filed On: August 10, 2023, Case #: 21-55643, Categories: Bankruptcy, Constitution
J. Owens finds that the lower appeals court improperly reversed a trial court order that found in favor of a utility district after it was sued by homeowners for trespass and inverse condemnation regarding a nearby dam. The dam was built in the mid 1950s and the homeowners bringing the suit did not purchase their property in question until 1993, leaving the subsequent purchaser rule to bar their claims. With a few exceptions, only a property owner who functioned as such during the time of the taking can file an inverse condemnation claim, and with nearly four decades between the initial dam construction and when the current homeowners bought the nearby property, they cannot show they are the rightful plaintiffs to bring the claims. Reversed and remanded.
Court: Washington Supreme Court, Judge: Owens, Filed On: August 3, 2023, Case #: 101241-1, Categories: Property
J. Owens dismisses defendant's appeal from his conviction for abusive sexual contact of a child under age twelve. Defendant claimed that he was not informed that his plea could potentially lead to "subsequent civil commitment, community notification, and geographic restrictions on his residence and workplace." The panel held that defendant's plea was knowing and voluntary.
Court: 9th Circuit, Judge: Owens, Filed On: June 20, 2023, Case #: 21-10320, Categories: Sex Offender, Plea, Commitment