3,006 results for 'judge:"Per curiam"'.
Per curiam, the appellate division finds that the lower court properly denied a motion to suppress identification evidence after defendant was convicted and sentenced for attempted assault, robbery, burglary, weapon possession and menacing. Evidence was sufficient to establish defendant's guilt. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 14, 2024, Case #: 04211, Categories: Evidence, Robbery, Assault
Per curiam, the appeals court cannot grant an implied motion for extension to an individual appealing the trial court’s dismissal of his lawsuit. The individual filed his appeal just outside the 90-day time limit for a notice of appeal, but within the extra 15 days an extension would provide. However, the individual demonstrated no legitimate reason or explanation for an extension. Dismissed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 13, 2024, Case #: 01-23-00790-CV, Categories: Civil Procedure
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Per curiam, the Georgia Supreme Court accepts attorney Anthony O. Van Johnson's petition for voluntary discipline. The attorney voluntarily surrenders his license to practice law for his admitted violations of the Georgia Rules of Professional Conduct in four disciplinary matters. In one instance, the attorney forged a client's signature on a settlement check and retained the funds for himself. The attorney also failed to refund fees paid by two clients.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: August 13, 2024, Case #: S24Y1070, Categories: Judiciary, Attorney Discipline
[Consolidated.] Per curiam, the court of appeals finds that defendant was properly convicted of possession of a firearm by a felon, endangering safety, and intimidation of a witness because the prosecutor made a mistake in good faith by failing to stop a phone call that mentioned defendant's probation officer, and the jury already knew about defendant's criminal history. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Per curiam, Filed On: August 13, 2024, Case #: 2023AP332-CR, Categories: Evidence, Firearms, Prosecutorial Misconduct
Per curiam, the Georgia Supreme Court finds that attorney Jonathan R. Melnick should be suspended for six months for his violations of the Georgia Rules of Professional Conduct in representing a client in a child support matter. The attorney failed to notify his client of or respond to a motion to enforce a settlement agreement and failed to notify his client of an order requiring her to pay attorney fees and reimburse her child's father for child support overpayments.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: August 13, 2024, Case #: S24Y0800, Categories: Judiciary, Attorney Discipline
[Consolidated.] Per curiam, the circuit finds that the district court properly convicted defendants of murder, racketeering, and conspiracy related to their participation in the Lucchese Family of La Cosa Nostra. Among other challenges, defendants contend they should have been granted a new trial based on post-trial disclosures raising the possibility that another crime family had ordered the murder in question, but there was no "reasonable probability" that the outcome would have been different. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 13, 2024, Case #: 20-2479-cr (L), Categories: Murder, Witnesses, Racketeering
Per curiam, the circuit finds the district court properly granted judgment on the pleadings in favor of the city after it allegedly demolished the owner's derelict rental property without requisite notice. The owner failed to seek leave to cure pleading deficiencies three times and the court entered its final order, dismissing the claims with prejudice. Though the complaint failed to adequately plead a constitutional deprivation, the court did not explicitly justify its decision to dismiss with prejudice. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 13, 2024, Case #: 23-60625, Categories: Civil Rights, Municipal Law, Property
Per curiam, the court of appeal finds that the trial court properly denied defendant mandamus relief regarding the supervisor of election's denial of plaintiff's application to run for a seat on the school board because there was no vacancy and no election for which plaintiff could qualify, and the vacancy being created will be filled by governor appointment. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: August 9, 2024, Case #: 2D2024-1593, Categories: Elections
Per curiam, the circuit finds that attorney Jay Sanchez of Texas should be publicly reprimanded for making frivolous filings, one of which resulted in a $25,000 sanction that remains unpaid. His admission to the circuit bar has expired and thus further sanctions could not be levied. However, such may be considered should Sanchez apply for readmission.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 9, 2024, Case #: 19-90023, Categories: Attorney Discipline
Per curiam, the circuit finds the district court improperly dismissed the black financial officer's wrongful termination suit in which he claims he was fired from the school for reporting mismanagement of federal funds, as well as for his race. Though the employee initially received strong evaluations, after he began reporting mismanagement of funds he was terminated for a “lack of clear communication and reliable board reporting,” “submitting an incorrect budget amendment,” and “other financial errors and failures.” Though the employee has not shown racial discrimination, the school has failed to meet its burden as to immunity regarding receipt of earmarked funds, which “come with state-imposed restrictions.” Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 9, 2024, Case #: 23-50600, Categories: Immunity, Employment Discrimination, Employment Retaliation
Per curiam, the circuit finds that a lower court properly convicted defendant for possession of a firearm as a felon. Defendant argues that the lower court erred in denying his motion to toss out a warrant and to suppress evidence for probable cause being that the state's Constitution was changed "to legalize marijuana," and that the smell of the drug inside of his residence did not justify a search. However, the warrant was issued based on additional information regarding the suspected sale of drugs out of the home. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 9, 2024, Case #: 23-3002, Categories: Constitution, Drug Offender, Search
Per curiam, the circuit declines to rehear the appeal en banc because the key question of whether a collateral attack waiver contained in a plea agreement is enforceable, even if the result is a miscarriage of justice, should await resolution in an appeal that does not present as many complicating side issues as the present consolidated cases.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 9, 2024, Case #: 16-4107 (L), Categories: Criminal Procedure, Plea
Per curiam, the Supreme Court of Arkansas grants the ethics commission's request for expedited consideration. The commission seeks an order to invalidate a proposed initiated constitutional amendment requiring voter approval for new casino licenses and repealing authority to issue licenses in the county. The commission contends the Arkansas Secretary of State's certification was invalid. A special master is appointed to resolve factual disputes.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: August 9, 2024, Case #: CV-24-492, Categories: Administrative Law, Elections, Licensing
Per curiam, the appeals court finds that the trial court properly dismissed an individual’s suit and voided its prior order granting the individual’s motion for reinstatement. The trial court had originally dismissed the individual’s suit for want of prosecution, and the individual failed to file an appeal within 90 days of filing his motion for reinstatement. Dismissed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 8, 2024, Case #: 01-24-00131-CV, Categories: Civil Procedure, Due Process, Jurisdiction
Per curiam, the appellate division finds that the lower court properly denied a bus rider’s motion to renew her prior motion for summary judgment in this personal liability lawsuit for injuries sustained from tripping on a protruding wheelchair restraint. She fails to demonstrate due diligence in obtaining new evidence, and the initial motion for summary judgment was filed prematurely before discovery. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 8, 2024, Case #: 04184, Categories: Negligence, Due Process, Discovery
Per curiam, the appellate division finds that attorney Sara Irfan Shah may be reinstated following her September 2022 suspension for failing to meet registration requirements because she complied with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 8, 2024, Case #: PM-155-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Wilson Swayze of Texas should be suspended for 90 days for client misconduct cited by the patent and trade office, where he practices on his New York license and which had suspended Swayze on a prior occasion. Swayze noted his long career in patent law in mitigation of being disciplined in New York, but the record demonstrated he took unilateral action when his relationship with a difficult client became strained.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 8, 2024, Case #: PM-162-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Allan Baldwin Cruikshank of Plattsburgh must be censured for unprofessional conduct for failing to respond to correspondence from the second circuit grievance panel and from the circuit itself, and barred him from representing clients before the circuit until he responded to the panel.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 8, 2024, Case #: PM-159-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court improperly granted the city’s motion to dismiss this zoning lawsuit brought by a university. The university demonstrated a concrete injury, allowing this case to be remanded so the university can proceed with the challenge. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 8, 2024, Case #: 04183, Categories: Education, Government, Zoning