172 results for 'filedAt:"2024-02-21"'.
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Golemon finds the trial court properly convicted defendant for felony possession of PCP. After defendant was pulled over for failure to stop at a stop sign, an officer observed he was defensive and confused. When asked for ID, defendant produced a Crown Royal bag from his pant leg. This prompted the officers, along with other indicators of intoxication, to have defendant exit the vehicle. A search yielded the PCP. The court was not required to instruct the jury on conflicting evidence regarding whether defendant had run the stop sign in the first place. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 21, 2024, Case #: 09-22-00406-CR, Categories: Drug Offender, Search, Vehicle
J. Wright finds the county court properly revoked defendant's community supervision. Defendant violated the terms of his community supervision by drinking alcohol, failing to submit to drug tests and by assaulting his mother. He says the court erroneously believed he was on community supervision for assaulting his mother, when in fact it was for assaulting his mother's domestic partner. A previous assault on his mother was correctly one of the grounds for revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: February 21, 2024, Case #: 09-23-00056-CR, Categories: Evidence, Probation, Assault
J. Forst finds that the trial court improperly ruled for the city in this dispute over excess funds from the tax sale of a condominium unit because the lien against the common units had not been consented to by all individual condo owners. Reversed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: February 21, 2024, Case #: 4D2022-2495, Categories: Property, Tax
[Consolidated.] J. Hester finds that the trial court properly ruled in favor of the general contractor in a discovery dispute with the construction manager that stems from litigation involving a school renovation project. The record supports the determination that the construction manager was non-compliant with the order compelling discovery. Though, the sanctions that struck the construction manager's defenses and barred the introduction of evidence for those defenses was an abuse of discretion, so the judgment is amended accordingly. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: February 21, 2024, Case #: 2023CA0309, Categories: Construction, Sanctions, Discovery
Per curiam, the appellate division finds that the lower court properly denied the window cleaner's motion for sanctions against the university in a discovery dispute. The window cleaner's counsel failed to submit an affirmation, along with the motion, that they conferred with opposing counsel in a good faith effort to resolve the dispute. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 21, 2024, Case #: 00922, Categories: Civil Procedure, Sanctions
J. Logue finds the trial court properly found that defendant willfully violated the terms of his probation by associating with a person engaged in criminal activity, in this case being caught by police standing in an alley with two people while one of them of was handling a crack pipe. The evidence in the record, including the fact that defendant was standing "shoulder to shoulder" with the man with the crack pipe and yelled out and warned the others when he saw the police officers, is sufficient to support the trial court's finding, even if some of the evidence is circumstantial. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: February 21, 2024, Case #: 22-2024, Categories: Evidence, Probation
Per curiam, the court of appeals issues a contempt citation and sanctions against the court reporter. The reporter failed to complete a record on more than one occasion, even after a writ of certiorari had been issued. The special master recognized the reporter had assumed additional duties during the Covid-19 pandemic, that she had been unable to resolve the situation despite her efforts, and that she later resigned from her position. Though the special master did find that some circumstances of her employment were unique, this did not justify her failure to comply.
Court: Arkansas Court Of Appeals, Judge: Per curiam, Filed On: February 21, 2024, Case #: CR-23-191, Categories: Administrative Law, Contempt, Covid-19
J. Harrison finds the county court properly dismissed the OB/Gyn's petition to modify an arbitration award. The doctor was terminated from her employment with the hospital, and the arbitrator awarded her almost $100,000 for 120 days' compensation, less a $25,000, unearned sign-on bonus. The doctor says the award was made under an alternative contract provision not cited in the parties’ statements of claim, and that the arbitrator improperly made the award on an unsubmitted claim. Though the hospital did not prove the doctor’s conduct violated a provision for termination with cause, it had the contractual authority to dismiss her upon payment of the 120 days’ compensation. Nothing in the record indicates the arbitrator exceeded his jurisdiction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: February 21, 2024, Case #: CV-22-449, Categories: Arbitration, Employment, Health Care
J. Thyer finds the county court properly revoked defendant's suspended imposition of sentence. After defendant's guilty plea conviction for manufacturing meth, he served seven years of a 15-year sentence before being paroled. During his parole term, he was rearrested for possession of multiple types of drugs. The court allowed testimony from the agent who conducted the controlled drug purchase for the limited purpose of establishing the reasoning behind his plan. Because the court expressly determined the testimony was not offered for its truth, its ruling did not offend the confrontation clause. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 21, 2024, Case #: CR-23-214, Categories: Drug Offender, Probation, Due Process
J. Tunheim grants the brokerage account servicer's motion to dismiss the bank's suit related to a third party mutual client's transfer of assets which had been pledged as security for the bank's loan. The bank voluntarily released its claims to the client's brokerage account between the time the fund transfer was authorized and the time the client defaulted on the loan. The bank therefore does not have standing to pursue its claims, having broken the causal chain between the brokerage account servicer's wrongdoing and its own harm.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 21, 2024, Case #: 0:22cv1104, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Brimmer grants the county immunity in a mother's claims contending her child had been removed from her care after she was wrongly accused of engaging in a domestic violence altercation with her wife, a child caseworker, and falsely accused of attempting suicide, because the county had qualified immunity in the case.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 21, 2024, Case #: 1:23cv224, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Family Law, Immunity
J. Bacharach finds that the lower court improperly convicted defendant of drug offenses after the car in which she was a passenger was pulled over and police found drugs hidden within the car's compartments. There was no evidence offered during trial that the driver told her about the drugs or that she found the secret compartments on her own. Without evidence to show she knew of the drugs, her convictions cannot stand. Reversed.
Court: 10th Circuit, Judge: Bacharach, Filed On: February 21, 2024, Case #: 22-6194, Categories: Drug Offender
J. Molberg finds that the lower court properly denied the mother's motion to modify conservatorship. Contrary to the mother's argument, the lower court did not err by failing to appoint the mother as sole managing conservator of the child. The mother failed to establish "a material and substantial change in the circumstances of the child, a conservator, or other party." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 21, 2024, Case #: 05-22-01175-CV, Categories: Civil Procedure, Family Law
J. Sinatra declines to impose a preliminary injunction against the state in claims contending 2020 amendments to state labor laws violate the U.S. Constitution by requiring farms to enter arbitration and compulsory "contracts" with unions short of reaching an agreement after 70 days of collective bargaining. Courts have upheld similar compulsory arbitration provisions in state statutes that apply to the private sector, but free speech claims regarding the enforcement of state labor laws may be in the public interest.
Court: USDC Western District of New York, Judge: Sinatra , Filed On: February 21, 2024, Case #: 1:23cv1044, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Contract, Labor
J. Gilson finds that the trial court properly allowed defendant's criminal prosecution to proceed on charges concerning various gang-related activities associated with the "Golden State" gang. The entire office need not be disqualified due to a single prosecutor's prior representation of defendant, and county prosecutors are subject to the control of the state attorney general. Affirmed.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: February 21, 2024, Case #: A-0291-33, Categories: Prosecutorial Misconduct, Gangs
Per curiam, the Ninth Circuit grants a motion to place an appeal in abeyance from a joint motion pending the settlement negotiations in this case, and a related case, M.A. v. Mayorkas. The underlying matter involves the Biden administration's rule concerning the “historic surge in migration” that followed the end of the Title 42 order and to relieve “significant strain on DHS’s operational capacity at the border.”
Court: 9th Circuit, Judge: Per curiam, Filed On: February 21, 2024, Case #: 23-16032, Categories: Immigration, Settlements
J. Wicks denies in part a motion for a protective order filed in an employment discrimination complaint and directs the mortgage lender to provide documents that it describes as sensitive business information, including its gross-total volume in mortgage sales for its New York branch. The litigants, regional managers who claim they were discriminated against on the basis that they are Italian Americans, seek information related to the company’s decision to restructure, which led to their terminations. The lender fails to explicitly detail how disclosure of this information would harm the company.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: February 21, 2024, Case #: 2:23cv542, NOS: Employment - Civil Rights, Categories: Discovery, Banking / Lending, Employment Discrimination
Per curiam, the Supreme Court of Ohio finds the inmate is entitled to statutory damages of $1,000 for the warden's initial refusal to provide a copy of the mental health documentation sought through a public records request, as the warden failed to provide any evidence to rebut the inmate's claim the document was available at the time of his initial filing.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 21, 2024, Case #: 2024-Ohio-596, Categories: Public Record, Damages
J. Boyle grants staff members in North Carolina’s teachers’ retirement system their motion for judgment on the pleadings following allegations of a due process violation in a teacher’s dispute over her benefits. Unbeknownst to the teacher, she was overpaid benefits for 10 years, and when the system found the mistake, it docked her benefits by 50% until it recouped the overage. At this stage, the teacher’s remaining claim is that she was not given a pre-deprivation hearing before the reduction in benefits. However, the system staff members are entitled to qualified immunity and the teacher has not provided sufficient evidence otherwise.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 21, 2024, Case #: 4:22cv27, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Due Process