47 results for 'judge:"Stewart "'.
J. Stewart finds the district court properly dismissed the Texas inmate's second-in-time petition for lack of jurisdiction. Convicted for continuous sexual abuse, indecency with a child and sexual contact, and possession of child porn, the inmate says that though his first-in-time petition was still pending on appeal when his second-in-time habeas petition was filed, the second filing should have been construed as a motion to amend. Consistent with statutory and Supreme Court guidance, the inmate's second-in-time petition was successive, and subject to the court���s transfer order for lack of jurisdiction absent authorization to file. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: April 15, 2024, Case #: 21-11031, Categories: Habeas, Sex Offender, Child Victims
J. Stewart finds the district court properly declined to enjoin San Antonio's park development tree removal plans. Members of the Lipan-Apache Native American Church say the city's plan prevented them from performing essential religious ceremonies. Though the court ordered the city to provide access to the area, the city had appointed qualified arborists to evaluate which trees needed to be removed because of construction restrictions and ensured bird deterrence measures are not aimed at preventing the presence of birds. The church members have not demonstrated they are likely to prevail on their claim the district court's only partial grant of their motion for a preliminary injunction was improper. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: April 11, 2024, Case #: 23-50746, Categories: Constitution, Municipal Law, Native Americans
J. Stewart finds that the trial court properly concluded that a pension fund was not contractually obligated to consider a participant employer's request to change the method used to calculate the amount that employers must contribute toward the pension's unfunded liabilities. The employer sought to have the percentage of payroll method replaced with a percentage of liability method. The employer failed to raise a triable issue for declaratory relief under the standard applied to petitions for writ of mandate challenging actuarial decisions by a pension. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: March 27, 2024, Case #: A165587, Categories: Pensions, Contract
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J. Stewart finds the trial court properly granted summary judgment to the subsea oil drilling engineering and exploration firm. The employee says he sustained injuries to his shoulder and neck while servicing a remotely operated vehicle onboard a drillship during a Chevron contract. He brings claims under theories of negligence and unseaworthiness. The trial court correctly held the employee is not a seaman as defined by his Jones Act claim, and he did not establish a genuine dispute of material fact as to negligence and unseaworthiness. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: March 12, 2024, Case #: 23-20095, Categories: Maritime, Tort, Negligence
J. Steward finds that the lower court properly denied a motion brought by an elected constable who was vacated from office for allegedly not timely paying the security bond. Because the constable filed his official bond before he took office, it was not untimely, so the certification of vacancy by Gov. Ivey was in error. However, the constable framed the issue as that of a conflict between two statutes, but his argument is incorrect. The trial court can't be faulted for rejecting the constable's sole argument. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: March 8, 2024, Case #: SC-2023-0496, Categories: Elections, Government
J. Stewart finds a criminal defendant does not have to intend to harm or kill a victim to be entitled to a self-defense jury instruction and, therefore, defendant's counsel was ineffective when he failed to request such an instruction during defendant's trial on assault charges. Defendant testified he shot his gun to scare the victim after the two had a heated argument outside a gas station, and because Ohio's self-defense statute requires only an "intent to repel or escape force," he was entitled to self-defense instruction and his conviction must be vacated. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: March 7, 2024, Case #: 2024-Ohio-776, Categories: Ineffective Assistance, Assault, Self Defense
J. Stewart grants, in part, a healthcare service's petition for review. The labor relations board's holdings the company improperly issued an oral workplace rule and threatened an RN for disruptive behavior are not supported by substantial evidence considering the existing precedent that a rule must be communicated to multiple employees to constitute a violation. However, the board's petition for enforcement is also partially granted, as the company violated labor rules by conducting coercive investigations and unlawfully terminating the RN.
Court: 5th Circuit, Judge: Stewart , Filed On: March 7, 2024, Case #: 22-60584, Categories: Health Care, Employment Retaliation, Labor
J. Stewart finds the district court properly entered summary judgment in favor of the police officers. Armed protesters opposed to a city ordinance preventing unauthorized firearm carry were arrested after aggressively refusing to comply with officers' lawful orders. Though a Taser was used, causing one of the subjects to fall and hit his head, the officers are entitled to qualified immunity. The protesters have pointed to no clearly established law showing excessive force was used. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: February 26, 2024, Case #: 22-50915, Categories: Civil Rights, Constitution, Police Misconduct
J. Stewart denies a self-represented litigant���s motion to amend his civil rights complaint that seeks to reinstate more than 30 claims that the court had previously dismissed, plus add several new claims, finding the claims frivolous. The court furthermore trims his complaint down to only two claims for denial of prescription medication while incarcerated.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: February 20, 2024, Case #: 1:22cv169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Prisoners' Rights
[Modified.] J. Stewart alters a footnote and denies a rehearing with no change in judgment. The juvenile court had discretion to deny a request to reduce a juvenile's baseline term of confinement who was 14 when he shot and paralyzed a man during a robbery. A ward who follows his rehabilitation plan is not necessarily entitled to a reduction to the baseline term. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: January 26, 2024, Case #: A166850, Categories: Juvenile Law, Sentencing
[Modified.] J. Stewart corrects a referenced date and denies a rehearing with no change in judgment. The trial court was right that a husband did not have a separate property interest in the hedge fund he started while married. Also, it properly held that the community was not responsible for legal fees he spent defending against insider trading charges, or for the resulting fine. However, it mistakenly found the community should pay an SEC penalty for insider trading he engaged in while married. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: January 26, 2024, Case #: A157055, Categories: Family Law
J. Stewart issues a writ of mandamus granting state-agent immunity to a school principal, vice principal and superintendent against negligence claims filed by a substitute teacher who was assaulted by a student. The teacher failed to show the school officials acted outside their authority.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: January 19, 2024, Case #: SC-2023-0201, Categories: Education, Immunity, Assault
J. Stewart finds that the trial court was right that a husband did not have a separate property interest in the hedge fund he started while married. Also, it properly held that the community was not responsible for legal fees he spent defending against insider trading charges, or for the resulting fine. However, it mistakenly found the community should pay an SEC penalty for insider trading he engaged in while married. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: December 29, 2023, Case #: A157055, Categories: Family Law
J. Stewart finds that the juvenile court had discretion to deny a request to reduce a juvenile's baseline term of confinement who was 14 when he shot and paralyzed a man during a robbery. A ward who follows his rehabilitation plan is not necessarily entitled to a reduction to the baseline term. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: December 28, 2023, Case #: A166850, Categories: Juvenile Law, Sentencing
J. Stewart orders the trial court to strike the multiple-murder special circumstance from defendants' first and second degree murder convictions, and it must revisit their petitions for resentencing on a gang-murder special circumstance because statute does not bar relief even where a jury found a defendant intended to kill. However, the trial court had discretion when it declined to dismiss their prior serious felony enhancements. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: December 28, 2023, Case #: A162472, Categories: Murder, Sentencing, Vehicular Homicide
J. Stewart finds the court of appeals erroneously applied an abuse of discretion standard to the juvenile court's decision to terminate the parental rights of both parents. The nature of such a decision, based on clear and convincing evidence, requires the application of a sufficiency of the evidence standard. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: December 27, 2023, Case #: 2023-Ohio-4703, Categories: Civil Procedure, Evidence, Family Law
J. Davis allows a citizen to replace a medical expert to provide testify regarding his excessive force claims brought against Potsdam city police officers sustained during his arrest at traffic stop. His previous expert failed to respond to his counsel���s requests. The court will allow defense counsel to conduct additional deposition, to minimize any prejudice. However, the expert is precluded from providing testimony concerning allegations that the citizen suffered amnesia as a result of his injuries.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: December 7, 2023, Case #: 8:23cv849, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Police Misconduct
J. Stewart finds that a student athlete sufficiently pleaded sexual harassment by her coach with details of pervasive bullying of young women on a soccer team to survive demurrer. But she failed to state a negligence claim against the coach since she did not show that a special relationship had created a duty for the coach to keep her on the team. Her fiduciary duty claim did not adequately allege that a special relationship of trust was established between her and the coach. Also, her fraud claim is barred by governmental immunity. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: November 29, 2023, Case #: A164550, Categories: Civil Rights, Education, Negligence
J. Stewart finds the lower court properly dismissed a suit where a guardian failed to properly serve the lawsuit to the driver regarding a motor vehicle accident. Because the first action was dismissed for want of prosecution, the second action was properly dismissed based on res judicata. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: October 27, 2023, Case #: SC-2022-0982, Categories: Civil Procedure, Tort, Vehicle
J. Stewart finds the trial court properly granted summary judgment to an oncology office against defamation claims filed by their fired employees who state an anonymously submitted letter accusing them of unethical behavior should not have been disbursed to the other employees. The former employees failed to establish the publication element of the defamation claim. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: October 13, 2023, Case #: SC-2022-0907, Categories: Employment, Evidence, Defamation
J. Stewart denies the real estate developer executives' motions for rehearing on their convictions for conspiracy to commit wire fraud and securities fraud and aiding and abetting securities fraud. Arguments regarding the sufficiency of evidence, jury instruction, and limiting cross-examination do not warrant a new trial. Arguments involving imposed time limits due to the number of defendants fail because objections were not preserved at trial and the record states that more time would have been granted if requested. There is no cumulative error because no errors have been identified and the government has presented substantial evidence of guilt. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: October 11, 2023, Case #: 22-10511, Categories: Evidence, Fraud, Securities
J. Stewart finds the energy commission properly approved a 9.91% rate of return on the natural gas company's alternative rate plan despite poor market conditions. No statutory language requires the commission to follow market conditions when setting rates. Additionally, the decision was not unreasonable because it was based on a rate previously issued by the commission for another rate plan by another natural gas provider and was supported by independent evidence, as well as testimony from the natural gas company. Affirmed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: September 20, 2023, Case #: 2023-Ohio-3289, Categories: Energy, Evidence, Tax
J. Stewart denies summary judgment to each party in a contract dispute regarding the sale and use of recycling sorting vending machines. The manufacturer of the machines claims the recycling services company owes unpaid amounts due under the agreement, while the recycling company filed counterclaims for breach of warranty and rescission, alleging the machines were defective. The parties' differing viewpoints on the extent to which the machines were warranted precludes summary judgment.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: September 18, 2023, Case #: 1:18cv1266, NOS: Other Contract - Contract, Categories: Warranty, Contract
J. Stewart denies the petitioner���s request for review of an order of the Board of Immigration Appeals affirming of the immigration judge���s decision that she and her two daughters are ineligible for relief. An El Salvadoran ���gang expert��� testified that the government of El Salvador is involved in a violent power struggle with the MS-13 gang. Though the petitioner also testified that her neighbor, a gang member, saw her when she was on her lunch break in downtown San Salvador while she was wearing her uniform, remarking ���[n]ow I know that you work at the Ministry of Justice.��� The board did not err in affirming the judge���s conclusion that she had failed to show a well-founded fear of future persecution in El Salvador. A cited case states: ���The question of what probative value or weight to give to expert evidence is a determination for the [immigration judge] to make as the fact finder.���
Court: 5th Circuit, Judge: Stewart, Filed On: September 8, 2023, Case #: 22-60340, Categories: Evidence, Immigration, Experts
J. Stewart finds the appeals court erroneously determined the trial court could not revise defendant's sex offender classification. Defendant was required to register as a Tier I sex offender for 10 years under Megan's Law and could not seek early termination of his registration requirements, as that classification is mandated by the sentencing laws in effect at the time of a defendant's conviction. Furthermore, defendant's registration requirements under Megan's Law commenced on the date of his conviction in Ohio, regardless of the fact he moved to Kentucky immediately after the conviction, and the 10-year period was not tolled during his residence in Kentucky. Reversed in part.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 31, 2023, Case #: 2023-Ohio-3027, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Stewart reverses the court of appeals decision upholding a finding for a city on a union's complaint, in which it argues a fire chief's retirement created a vacancy in the department, regardless of the fact he was rehired the next day. A vacancy in the fire department occurred immediately upon the retirement and, therefore, the city was required to fill the position via the mandated promotional process. While the chief claims he never intended to resign but merely wanted to collect pension benefits simultaneously, his intent is irrelevant and the case must be remanded to the appeals court to consider the union's previously mooted arguments. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 29, 2023, Case #: 2023-Ohio-2976, Categories: Civil Procedure, Employment, Labor / Unions
J. Stewart finds the district court improperly denied qualified immunity for the Louisiana State University professor after the student and undergrad teacher alleged violations of due process by the staff���s conspiring to prevent his enrollment in the theatre program. The student received a failing grade on a written assignment wherein he criticized and allegedly threatened staff and students who disagreed with his conservative opinions on sexuality. Because of this, other professors refused to accept him into their classes. The professors lacked adequate notice that their conduct was violative of the student���s constitutional rights. Without this notice they are entitled to qualified immunity Reversed and dismissed.
Court: 5th Circuit, Judge: Stewart, Filed On: August 21, 2023, Case #: 22-30588, Categories: Constitution, Education, Due Process