77 results for 'cat:"Terrorism"'.
J. Hixson finds the circuit court properly revoked defendant’s probation for his guilty plea conviction for first-degree terroristic threatening, sentencing him to serve 60 months’ imprisonment. Defendant failed to report multiple times and had consistently been behind in his payment of fees and fines. Defendant's sentence is within the statutory range, and he fails to adequately present any argument for review. He does not request any relief regarding his claim he is not eligible for a judicial transfer and the court "will not make a party’s argument" for them. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 17, 2024, Case #: CR-23-254, Categories: Probation, Threats, terrorism
J. Wainer Apter finds that the appellate division should have upheld defendant's conviction for making terroristic threats after he told a police officer to "worry about a head shot" and posted to Facebook that he knows "where all you motherfu$kers live" because the statements were understood to constitute threats of violence, and the trial court correctly instructed the jury on the components of charge. Reversed in part.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: January 16, 2024, Case #: A-20-22, Categories: Jury, Threats, terrorism
J. Welch finds the trial court properly convicted defendant for making terroristic threats, firearm possession by a prohibited person, and use of a firearm to commit a felony based on sufficient evidence. The victim, who had briefly dated defendant, testified she recognized his voice when he approached her in a grocery store parking lot, wearing a mask and brandishing a gun, and threatened to kill her. The weapon was found after a chase, pursuant to warrant, and a DNA test matched it with defendant. Though the affidavit supporting the warrant erroneously stated defendant had been convicted for murder, it still contained sufficient facts to support the warrant after the statement was excised. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 9, 2024, Case #: A-22-738, Categories: Evidence, Firearms, terrorism
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J. Amon denies an appeal contesting a magistrate judge's ruling that denied a motion for leave to use discovery. The litigants in this case, who are suing various foreign financial institutions for their alleged involvement in helping to finance terrorist organizations, sought to use confidential information uncovered during discovery for several other similar cases. The magistrate judge's decision to deny the motion on the basis that the litigants failed to demonstrate a compelling need to modify a protective order was not erroneous.
Court: USDC Eastern District of New York, Judge: Amon, Filed On: December 21, 2023, Case #: 1:19cv7, NOS: Other Statutory Actions - Other Suits, Categories: terrorism, Discovery
J. Baker finds the trial court properly convicted defendant for murder, aggravated residential burglary, a terroristic act and terroristic threatening based on sufficient evidence. The victim's minor children informed a neighbor their mother had been shot during a home invasion robbery. Investigators found the victim had been shot 10 times, along with damage to the home including bullet holes in the walls and floors of the children's bedroom. The children and another witness identified defendant in various photo lineups. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: December 14, 2023, Case #: CR-22-619, Categories: Murder, Robbery, terrorism
J. Contreras grants default judgment and awards more than $49 million to a man who was held and tortured by the Syrian Arab Republic for more than 1,200 days. He has shown Syria is liable for intentional infliction of emotional distress, false imprisonment and battery.
Court: USDC District of Columbia, Judge: Contreras, Filed On: December 8, 2023, Case #: 1:21cv2730, NOS: Other Statutory Actions - Other Suits, Categories: terrorism, Damages, Emotional Distress
J. Boasberg grants, in part, a motion for default judgment filed by victims of Al-Qaeda terrorist attacks and their families. An estate and family members have sufficiently supported their claims for wrongful death and intentional infliction of emotional distress.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: December 5, 2023, Case #: 1:20cv3859, NOS: Other Statutory Actions - Other Suits, Categories: terrorism, Emotional Distress, Wrongful Death
J. Wood finds the trial court properly convicted defendant for domestic battering, terroristic threatening and aggravated assault on his wife. The wife testified that her husband accused her of cheating, then grabbed her by the hair, pushed her to the ground, hit her in the head, strangled her with a phone cable, threatened to kill her and plunged her face into the dog’s water and food bowls. She suffered long-term injuries, including permanent scarring, damage to a vocal cord and a brain injury. All evidence, including photos taken by police, supports the convictions, though the evidence does not support the conviction for first-degree battery. This conviction is changed to the lesser included offense of third-degree battery. Affirmed as modified.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 8, 2023, Case #: CR-22-537, Categories: Assault, Battery, terrorism
J. Wilkinson finds the lower court properly sentenced the ISIS supporter for violating the terms of his supervised release. The supporter spent five years in federal prison after donating to ISIS via Bitcoin, recruiting new members, and sharing ISIS content. The ISIS supporter met with several known ISIS sympathizers online using a virtual private network to evade monitoring. The instructions were not vague regarding speaking with other extremists. Affirmed.
Court: 4th Circuit, Judge: Wilkinson , Filed On: October 30, 2023, Case #: 23-4283, Categories: Parole, Sentencing, terrorism
J. Ramos denies the bank's motion for reconsideration of the court's prior decision declining to dismiss charges that it aided and abetted al-Qaeda by providing banking services to a Pakistani fertilizer company that purportedly supplied materials to make improvised explosive devices that killed U.S. service members in Afghanistan. The bank was specifically warned by the U.S. government that it was helping its client aide terrorists, but specifically structured a loan for the client to increase its client's production capacity.
Court: USDC Southern District of New York, Judge: Ramos, Filed On: October 27, 2023, Case #: 1:22cv3320, NOS: Other Statutory Actions - Other Suits, Categories: terrorism, Banking / Lending
J. Smith finds the district court improperly entered summary judgment in favor of the airline sued for civil rights violations after it canceled a flight because an attendant complained about “Middle Eastern”-appearing passengers. The court found the airline immune under a federal law which allows it to remove a passenger it fears “might be, inimical to safety.” That all passengers had their flight canceled, and that certain behaviors of the American citizens such as handwaving were perceived as suspicious, raises issues of first impression as to whether the cancellation constitutes disparate treatment, whether the civil rights claim can exist without a breach of contract and whether immunity may be granted for allegedly discriminatory decisions. Reversed and remanded.
Court: 5th Circuit, Judge: Smith, Filed On: October 13, 2023, Case #: 22-10686, Categories: Admiralty, Civil Rights, terrorism
J. Reyes grants default judgment to several individuals on their claims arising from a terrorist attack by the Taliban in 2016 at Camp Sullivan in Kabul, Afghanistan. Twelve of the 13 camp residents who were injured in the attack, along with nine immediate family members, have provided sufficient evidence to show the Islamic Republic of Iran should be held liable for the attack for its support of the Taliban.
Court: USDC District of Columbia, Judge: Reyes, Filed On: September 25, 2023, Case #: 1:19cv2518, NOS: Other Personal Injury - Torts - Personal Injury, Categories: terrorism
J. Pirtle finds that the trial court properly convicted defendant by no contest plea for one count of terroristic threat, later revoking his probation and sentencing him to one year of confinement. While the court did not articulate its weighing of requisite factors, there is no statutory requirement for this. Defendant was already serving concurrent probations for separate offenses and had violated probationary terms several times. However, the court did err in failing to impose post-release supervision in addition to confinement, and this issue is remanded. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 12, 2023, Case #: A-23-080, Categories: Probation, Due Process, terrorism
[Consolidated.] J. Koeltl finds that the district court properly dismissed claims brought against the Palestine Liberation Organization and the Palestinian Authority after a U.S. citizen had been killed in an overseas terrorist attack for lack of personal jurisdiction. The appeal relied on subsequent legislation that violated due process by requiring that the organizations consent to personal jurisdiction if they paid terrorists for deadly acts. Affirmed.
Court: 2nd Circuit, Judge: Koeltl, Filed On: September 8, 2023, Case #: 22-76-cv (L), Categories: terrorism, Due Process, Jurisdiction
[Consolidated.] Per curiam, the circuit declines to recall a mandate dismissing claims brought against the Palestine Liberation Organization and the Palestinian Authority concerning U.S. citizens injured or killed in terrorist attacks in Israel. Jurisdiction was lacking, and new statute violated due process by attempting to establish "deemed consent" if either organization made payments to terrorists following any deadly attack.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 8, 2023, Case #: 15-3135-cv (L), Categories: terrorism, Due Process, Jurisdiction
J. Allen affirms the opinion and order of a Special Master granting the terrorism victims' motion for a protective order in their suit alleging that the defendant donors and nonprofit provided financial support to a Sri Lankan terrorist organization and denying the donors' cross-motion to compel discovery. The donors' discovery requests directed toward the terrorism victims' expert witness seek information outside the scope of the Federal Rules of Civil Procedure's structures for discovery without a subpoena.
Court: USDC Minnesota, Judge: Allen, Filed On: August 30, 2023, Case #: 2:09cv5395, NOS: Other Personal Injury - Torts - Personal Injury, Categories: terrorism, Experts, Discovery
J. Nardini finds that the district court improperly denied a Lebanese bank's request to be removed from claims of aiding Hezbollah in terrorist attacks in Iraq that injured and killed Americans. The timing of the action in light of the bank's acquisition and liquidation by the Lebanese central bank did not preclude an attempt to seek dismissal on grounds of foreign sovereign immunity. On remand, a determination should be made on whether the bank now is an instrumentality of a foreign sovereign.
Court: 2nd Circuit, Judge: Nardini, Filed On: August 24, 2023, Case #: 21-2019, Categories: terrorism, Immunity, Banking / Lending
[Consolidated.] J. Scudder finds the district court properly convicted defendants for providing material support to ISIS. The court rejected defendant’s contention that evidence showed that the government induced his commission of the offense through its “sting” tactics arising from the FBI’s monitoring of defendant’s online activity. The district court properly instructed the jury on the elements of entrapment, and the jury’s firsthand determination is given deference. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: August 18, 2023, Case #: 21-1482, Categories: terrorism, Entrapment
J. Lynch finds that the district court improperly dismissed claims in which Americans injured in rocket attacks in Israel contend a bank provided material support to terrorists because the bank's withdrawal from the case following transfer from Washington, D.C., to New York left questions about whether the personal jurisdiction defense still applied. On remand, this issue should be weighed against whether the transfer resulted in a jurisdictional clean slate.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 10, 2023, Case #: 22-1122-cv, Categories: Tort, terrorism, Jurisdiction
J. Christen finds that the district court improperly entered conviction of a Syrian national for participating in a conspiracy that targeted U.S. military personnel and property in Iraq for the counts of "conspiring to possess a destructive device in furtherance of a crime of violence and aiding and abetting the same." Those counts are remanded to the lower court to vacate those convictions. However, the court properly entered conviction for conspiring to use a weapon of mass destruction and conspiring to damage U.S. Government property by means of an explosive. Affirmed in part.
Court: 9th Circuit, Judge: Christen, Filed On: August 9, 2023, Case #: 18-10435, Categories: terrorism
J. McFadden grants, in part, default judgment to a group of soldiers, government contractors and their families in their terrorist attack-related case against the Islamic Republic of Iran. They have shown Iran is liable for their injuries, and they are due compensatory and punitive damages.
Court: USDC District of Columbia, Judge: McFadden, Filed On: July 27, 2023, Case #: 1:21cv1308, NOS: Other Personal Injury - Torts - Personal Injury, Categories: terrorism, Damages