10 results for 'casenum:"39"'.
J. Halligan finds that the appellate division improperly held that defendant's confrontation rights were violated when the state introduced a standardized form of pedigree information suggesting that defendant lived in a basement where a gun allegedly used in a road rage incident had been discovered. The form is prepared for all New York City arrestees to assist in bail decisions and thus had not been created primarily for trial testimony. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 25, 2024, Case #: 39, Categories: Confrontation, Evidence
J. Donohue finds that the superior court improperly backed the trial court’s order of summary judgment in favor of a pair of parents ordering Nationwide to defend them under their homeowners insurance policy against wrongful death of one of their son’s friends who died of a fatal drug
overdose at their home. The interpretation that Nationwide owed a duty to defend in the underlying lawsuit because emotional and mental distress damages in the wrongful death claims were not bodily injuries was erroneous as a matter of law. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: April 25, 2024, Case #: J-39-2023, Categories: Civil Procedure, Insurance, Damages
J. Stevens reverses and remands a trial court's order denying a non-citizen's claim of selective prosecution under the Texas Equal Rights Amendment. The defendant was arrested for criminal trespass on a railroad, a misdemeanor, pursuant to Governor Greg Abbott’s disaster proclamation in 34 counties to prevent the “ongoing surge” of illegal migrants from Mexico. The court of appeals is constrained to rule under another district's precedent, which found the state failed to show its prosecution of male, but not female, immigrants served a governmental interest in border protection. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 16, 2024, Case #: 06-24-39-CR, Categories: Constitution, Immigration, Trespass
J. Lauber finds for the commissioner of internal revenue in collection due process claims concerning a tax deficiency because genuine issues do not remain in dispute, and the settlement officers did not commit an abuse of discretion.
Court: U.S. Tax Court, Judge: Lauber, Filed On: April 8, 2024, Case #: 2024-39, Categories: Tax, Due Process
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J. Pierre-Louis finds that the appellate division properly compelled discovery in claims stemming from a fatal shooting. A witness says he was kidnapped and forced to copy a written affidavit recanting statements made to police in which he identified defendant as the shooter, and thus defendant cannot invoke the fifth amendment since the alleged affidavit was not self-incriminating. Affirmed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: March 5, 2024, Case #: A-39-22, Categories: Witnesses, Self Incrimination, Discovery
J. Hixson finds the trial court properly found in favor of the adjacent landowner in this property dispute. The ATV recreation park, which leases land from the logging company, has designed riding trails that cross onto the adjacent owner's property, utilizing a road that was previously undisputed. Although the park's managing member testified that he has maintained the road for more than 20 years, the adjacent landowner says he became aware of the park's use of it only within the last two years. The managing member's overt activity did not satisfy the necessary 7-year statutory period for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 10, 2024, Case #: CV-23-39, Categories: Environment, Property, Due Process
J. Robinson finds that the Office of Administrative Hearings ruled improperly in this disputed tax case. The Department of Revenue correctly determined the cell phone retailer failed to collect and remit sales tax for “Real Time Replenishments.” Reversed.
Court: North Carolina Business Court, Judge: Robinson, Filed On: June 2, 2023, Case #: 2023 NCBC 39, Categories: Tax
J. Furuya finds a lower court improperly granted summary judgment to a land title company on a mechanic liens service's contract claims. The land title company argued that it was not obligated to provide coverage to the title company. However, the mechanic liens service sufficiently showed that the lower court improperly applied contractual liability defenses to coverage questions. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Furuya, Filed On: May 23, 2023, Case #: 1 CA-CV 21-39, Categories: Insurance, Contract
J. Singas finds that the appellate division properly held that New York City police officers occupying tier three rankings for pension purposes could not apply non-police work performed earlier in their careers to retirement eligibility because retirement and social security law specifies that tier three participants should receive the same service credits as tier two members before July 1976 and should include only time spent on the police force. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: May 23, 2023, Case #: 39, Categories: Employment, Pensions