59 results for 'judge:"Welch "'.
J. Welch finds the trial court properly convicted defendant for first-degree sexual assault of a child and incest. The now 24-year-old victim disclosed to her mother her biological father had sexually abused her when she was a child. The father was charged after admitting to the abuse on a recorded, controlled phone call. The court properly overruled defendant's motion to exclude expert testimony, finding the testimony more probative than prejudicial. A friend of defendant and his wife testified the recording of the Spanish language jail call made to them was fair and accurate. Any objection made by trial counsel to the court���s receipt of defendant���s former sister-in-law���s letter accusing him of sexual abuse would have been meritless. Counsel cannot be ineffective for failing to raise a meritless argument. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: September 10, 2024, Case #: A-23-735, Categories: Sex Offender, Experts, Child Victims
J. Welch finds the trial court properly convicted defendant for making terroristic threats, use of a deadly weapon and possession of a firearm by a prohibited person. Defendant was arrested after his girlfriend made a 911 call during which gunshots could be heard. Body camera footage showing defendant in possession of multiple firearms, as well as spent shell casings matching one of his guns, supports the conviction. The 911 call recording to which the jury had access was substantive evidence and not testimonial. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: August 20, 2024, Case #: A-23-628, Categories: Evidence, Threats, Weapons
J. Welch finds the trial court properly convicted defendant for multiple counts of sexual assault of a child. Defendant's stepdaughter disclosed he had been sexually assaulting her since she was 11 years old, and testimonial accounts and forensic evidence support the conviction. Defendant, during interrogation, also revealed his thoughts of the child's precocious physical development. The record shows no prejudice as to trial counsel���s failure to disclose a medical examiner as a witness or identify her medical record, which led to a pretrial order barring her testimony. The issue was not raised at trial and is not preserved. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: August 20, 2024, Case #: A-23-596, Categories: Evidence, Sex Offender, Child Victims
J. Welch finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Convicted for first-degree sexual assault, defendant says the court erroneously failed to grant him an evidentiary hearing on his claims trial counsel was ineffective in failing to impeach the victim on her prior inconsistent statements. The victim's testimony the sexual assault took place between the end of her freshman year to the beginning of her sophomore year was consistent. Counsel was not required to impeach her more directly. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: August 13, 2024, Case #: A-23-939, Categories: Evidence, Ineffective Assistance, Sex Offender
[Consolidated.] J. Welch finds the district court properly dismissed the petitions for domestic abuse protection orders. The involved brothers are farmers living in separate homes and each owning separate sheds on the shared farm. The brother seeking the orders dropped a peanut on the floor of another brother's shed, which led to a fight. The brother who dropped the peanut was treated for a concussion and whiplash injury, receiving referrals for physical therapy and chiropractic care, and declining a referral to neurology. In light of the weight given to the court���s credibility determinations, evidence of one brother's alleged death threat was insufficient to establish either abuse or a credible threat. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: August 6, 2024, Case #: A-23-963, Categories: Evidence, Family Law, Restraining Order
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J. Welch finds the trial court properly convicted defendant by plea deal for possession of a firearm by a prohibited person and terroristic threats based on sufficient evidence. The record shows defendant entered the home of his ex-girlfriend, using a firearm to prevent her from leaving her basement. He also punched her and threatened to harm her son and mother, who were present at the home. The sentences were imposed within guidelines and defendant's claims of ineffective assistance are refuted by the record. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: August 6, 2024, Case #: A-23-717, Categories: Firearms, Sentencing, Threats
[Consolidated.] J. Welch finds that the medical marijuana dispensing businesses were improperly denied licenses to open marijuana dispensaries after the city council voted to approve, without discussion, the recommended rankings of its marijuana review committee. The review committee was a public body because it was a governing body that was empowered by the Michigan Marijuana Ordinance; therefore, its meetings should have been open to the businesses and public. Reversed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 31, 2024, Case #: 164869, Categories: Municipal Law, Public Record
J. Welch finds that the Michigan Legislature improperly reversed state minimum wage, overtime and sick leave changes. The decision to adopt the wage initiatives and then later amend them in the same legislative session "violated the people���s constitutionally guaranteed right to propose and enact laws through the initiative process." Reversed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 31, 2024, Case #: 165325, Categories: Constitution
J. Welch finds that former public school administrators were correctly awarded retirement benefits. Public school employees may have a normal salary schedule regardless of whether they are employed under a collective bargaining agreement or a personal employment contract, and the salary schedule determined the extent the their retirement allowances. Affirmed in part.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 30, 2024, Case #: 166305, Categories: Education, Class Action
[Consolidated.] J. Welch allows a construction worker to continue negligence and personal injury claims contending he had been electrocuted on a work site because he presented sufficient evidence to survive dismissal under the "common work area" doctrine and based on the undetermined height of the power line. Reversed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 18, 2024, Case #: 164902, Categories: Employment, Tort, Negligence
J. Welch finds the trial court properly convicted defendant for multiple counts of sexual assault of a child. Though defendant says the court violated his right to confrontation by consolidating cases involving multiple victims, the record shows a victim's statements made during therapy were in contemplation of medical treatment, not for prosecutorial purposes. Relevant case law states the confrontation clause demands that hearsay be admitted if the declarant is unavailable and there had been a prior opportunity for cross-examination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: July 2, 2024, Case #: A-23-201, Categories: Confrontation, Sex Offender, Child Victims
J. Welch finds the trial court properly convicted defendant by plea agreement for domestic assault based on sufficient evidence. Officers arrived as the assault was taking place and they saw defendant "pulling [the victim���s] arm and upper body." Officers noted strangulation marks on the victim���s neck and a bite mark on her hand. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: June 25, 2024, Case #: A-24-017, Categories: Sentencing, Assault, Domestic Violence
J. Welch finds that the trial court properly dismissed the hair braider's claims challenging the rules of the state cosmetology board requiring individuals in the business of hair braiding to obtain an Alternative Hair Design permit. The hair braider did not exhaust her administrative remedies before filing suit, so her statutory claims were correctly dismissed as premature. Also, the hair braider's constitutional claims fail since the record shows there is a "real and substantial relationship between" the permit requirement and "protecting the health, safety, and welfare of the public." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: June 21, 2024, Case #: 2023CA1213, Categories: Civil Procedure, Constitution, Government
J. Welch finds that plaintiffs should have been denied compensation in claims brought after a pedestrian who had been hit by a car subsequently died of unrelated causes because plaintiffs knowingly presented material misrepresentations in support of claims seeking no-fault benefits by resubmitting reimbursement forms for services rendered to the decedent after he passed away. Reversed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: June 11, 2024, Case #: 165131, Categories: Fraud, Insurance
J. Welch finds the juvenile court properly terminated the father's parental rights. The removal case arose from reports of domestic violence and was initially voluntary. The family received support services, a safety plan and therapy for the children, though the case later became involuntary due to concerns of inappropriate discipline and physical abuse by the father. A child's expressing of a desire to harm himself because of his home environment supports the best interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 21, 2024, Case #: A-23-821, Categories: Evidence, Family Law, Guardianship
J. Welch finds the county court properly determined custody for the divorced couple's dogs. The couple had no children and divided their personal properly without dispute, though the wife claimed ownership of both dogs. Though the husband was not involved in the purchase of at least one of the dogs, the dogs were purchased during the marriage, making them marital property. The wife was properly given first choice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 21, 2024, Case #: A-23-466, Categories: Family Law, Property
J. Welch finds the county court properly granted injunctive relief and damages to the property developer. The residential property owner constructed a sediment pond and dam, causing drainage issues on the developer's property. The developer has shown that it has lost use of a portion of its property, as well as having lost trees to erosion caused by pooling water. The water backup was caused by negligent construction, as shown by the testimony of a civil engineer. Removal of the pond and dam is the only remedy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 7, 2024, Case #: A-23-114, Categories: Agriculture, Property, Damages
J. Welch finds the trial court properly convicted defendant, a psychiatrist, for third-degree sexual assault. The victims - his patients - testified to inappropriate touching, groping and kissing, with certain testimony corroborating other testimony. Evidence in a presentence report is not subject to admissibility standards used at trial and the court���s review of the report would not make a reasonable person question the judge���s impartiality. The motion to recuse is without merit and counsel cannot be found ineffective for failing to make a meritless argument. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 7, 2024, Case #: A-23-577, Categories: Evidence, Judiciary, Sex Offender
J. Welch finds the trial court properly convicted defendant, by no-contest plea, for possession of a firearm by a prohibited person, sentencing him to 6 to 8 years in prison. After responding to an early morning report of gunshots, officers found a bullet in the flat tire of a vehicle involved in the altercation. The gun connected to the bullet was later found in defendant's girlfriend's vehicle during a traffic stop. All sentencing factors were properly considered, including defendant's criminal record and claims of posttraumatic stress disorder. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 23, 2024, Case #: A-23-817, Categories: Evidence, Firearms, Sentencing
J. Welch finds that the lower court properly held that a union unfairly charged a member for legal representation in a labor dispute because the fee policy deprived the member of access to the administrative grievance process. Affirmed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: April 22, 2024, Case #: 162601, Categories: Labor / Unions
J. Welch finds that defendant was properly convicted of molestation of a juvenile, sexual battery and other charges relating to incidents involving his stepdaughter. The testimony of the victim and defendant's statement to police was sufficient evidence that he committed the offenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023KA0993, Categories: Evidence, Sex Offender
J. Welch finds that the lower court improperly denied and dismissed the adult child of the decedent���s petition to probate a notarial testament filed by another party. Legal errors by the lower court ���skewed the fact-finding process.��� Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023 CA 0861, Categories: Wills / Probate
J. Welch finds that the trial court improperly granted the estate executor's motion for involuntary dismissal of the decedent's son's opposition to probate a 2020 notarial testament. It was legal error for the trial court to put the initial burden of proof on the decedent's son instead of the executor, so the case is remanded for a new hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023CA0861, Categories: Fraud, Wills / Probate
J. Welch finds the district court properly modified custody, parenting time and child support. Though the mother says no evidence shows she failed to cooperatively parent during a conflict involving a child's desire to change schools, she did bring one of the children into custody issues by influencing the child's decision to change schools and by filing a motion to have the child testify at trial. The evidence is sufficient to find a material change in circumstances affecting the children���s best interests. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-088, Categories: Family Law, Guardianship
J. Welch finds the district court properly granted the mother's complaint for modification of child custody and her request to remove the child from Nebraska to Wyoming. Testimony at trial, including from a mental health substance abuse counselor and the child's preschool teacher and daycare director, shows a material change in circumstances related to the father's escalated drinking following the entry of the divorce decree. The short distance of the move and the court���s award of parenting time provides a reasonable visitation schedule for fostering a meaningful relationship between the father and child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-571, Categories: Evidence, Family Law, Guardianship
J. Welch finds the trial court properly modified the custody order granting the father more parenting time. The court properly found the mother interfered with the father and child's relationship, which constituted a change in circumstances affecting the child's best interests. However, the court improperly required the mother to provide support while denying her benefit without showing the source is her own income. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-311, Categories: Family Law, Due Process, Guardianship
J. Welch finds the district court improperly reversed the county court's dismissal of a DUI case. Although defendant requested a continuance to retain counsel, the county court did not advise defendant of the effect of a continuance, and it found that the time from that date to the continued arraignment date was not excludable. The district court reversed this after the state filed a notice of intent to take exception but failed to pay the docket fee. Because the state acknowledged failing to pay the docket fee, the district court lacked subject matter jurisdiction. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-001, Categories: Dui, Speedy Trial, Jurisdiction
J. Welch finds the county court improperly ordered the child's custody should continue with the Department of Health and Human Services. The child was removed due to the mother's history with drugs, as well as her history of relationships with violent men. Although the evidence, including a psychological evaluation of the mother, supports the court's order, the court failed to make written findings as to the mother's history and fitness. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 19, 2024, Case #: A-23-594, Categories: Family Law, Due Process, Guardianship
J. Welch finds the trial court properly convicted defendant for firearm possession. During defendant's probation sentence for convictions on charges of domestic violence, disturbing the peace and criminal trespass, he failed to report for drug testing. The ensuing inquiry yielded information regarding defendant's illegally being in possession of firearms, and a search of his apartment turned up firearms. The search was properly made under conditions of defendant's probation and his motion to suppress was correctly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 12, 2024, Case #: A-23-312, Categories: Firearms, Probation, Search