188 results for 'filedAt:"2023-07-06"'.
Per curiam, the appellate division finds that the trial court improperly convicted defendant of second-degree murder and weapons charges because video footage did not show codefendant entering defendant's white sedan, and defendant's presence near the shooting was not conclusive as to his involvement in the crime. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: KA 20-00081, Categories: Evidence, Murder
J. Ezra finds that a district court erred in denying defendant's motion for a sentence reduction after defendant pleaded guilty to possession of cocaine base with intent to distribute and possession of a firearm in furtherance of a drug trafficking offense. District courts may consider non-retroactive changes in post-sentencing decisional law affecting the applicable sentencing guidelines. Vacated.
Court: 9th Circuit, Judge: Ezra , Filed On: July 6, 2023, Case #: 22-30021, Categories: Drug Offender, Firearms, Sentencing
Per curiam, the appellate division finds that the lower court properly granted the state's application for continued confinement of a schizophrenic man who killed his building superintendent, believing the superintendent wanted to hurt him and his granddaughter. The record supports a finding that the man still suffers from a dangerous mental disorder and transfer to a non-secure facility might place endanger staff and other patients. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03751, Categories: Commitment
J. Kilbane finds the trial court erroneously denied defendant's motion for a mistrial in a rape case. The state's failure to disclose a 46-minute video interview of the victim with police until the middle of defendant's trial on a rape charge violated his due process and fair trial rights. Although the prosecutor claimed it inadvertently failed to disclose the video and had also not seen it prior to trial, the defense theory of the case relied on inconsistencies in the victim's story, several of which were included on the video. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: July 6, 2023, Case #: 2023-Ohio-2292, Categories: Fair Trial, Sex Offender, Discovery
J. Eid grants the federal government's request to dismiss claims from two former armed service members who objected to a Covid-19 vaccination requirement. The case is moot for numerous reasons, such as the two not being in the military anymore and the fact that the mandate has since been removed.
Court: 10th Circuit, Judge: Eid, Filed On: July 6, 2023, Case #: 22-1032, Categories: Covid-19
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. Pritzker finds that the lower court improperly adjudicated a then-12-year-old as a juvenile delinquent for making unauthorized credit card purchases after taking his stepfather's wallet because speedy trial standards were violated in performing status assessments. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: July 6, 2023, Case #: 534910, Categories: Juvenile Law, Speedy Trial
J. Aarons finds that a college student was properly denied tuition assistance under a program that helps disabled people maintain independent living and employment because the program required participants to establish that less than half their total support comes from a relative. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: July 6, 2023, Case #: 534947, Categories: Education
J. Penzato finds that defendant was properly convicted and sentenced for second degree murder of a victim who was shot in the parking lot of a business during a drug buy. Defendant's Batson challenge fails since there is no proof of racial discrimination by the state in striking the potential juror. Also, defendant's evidentiary objections are without merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: July 6, 2023, Case #: 2022KA0940, Categories: Evidence, Jury, Murder
J. Gruender finds a lower court properly dismissed a citizen of Mexico's motion to remain in the U.S. The native of Mexico, a rancher, argued that he would face violence upon his return to his native land based on allegations that he would be kidnapped and forced to pay ransom. However, he failed to present sufficient evidence in court that he is a member of a particular social group who would be targeted and persecuted. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: July 6, 2023, Case #: 22-2472, Categories: Civil Rights, Immigration
J. Moore finds that the arbitrator improperly upheld a correction officer's dismissal based on her personal relationship with a former inmate because the arbitrator failed to analyze relevant facts and relied on the warden's analysis. Reversed.
Court: Federal Circuit, Judge: Moore, Filed On: July 6, 2023, Case #: 22-1575, Categories: Employment
J. Lynch finds that the lower court improperly terminated a mother's parental rights based on permanent neglect because the mother, who struggles with mental health issues, was offered such disjointed assistance that services did not constitute diligent efforts to provide necessary parenting and life skills. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 6, 2023, Case #: 534330, Categories: Family Law
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant, a border patrol officer, by guilty plea for accepting a bribe by a public official. Defendant argues that a sentencing guideline cross-reference doesn’t apply to him, being there was no conspiracy and the only drugs were sham cocaine transported by an undercover agent. This argument fails because, as an officer, defendant orchestrated a drug vehicle crossing. A two-level enhancement for an aggravating-role adjustment was improperly applied. The conviction along with the cross-reference are affirmed. The enhancement for his aggravating role is vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 6, 2023, Case #: 22-40512, Categories: Drug Offender, Conspiracy, Bribery
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the fire captain's petition for a writ of mandamus to compel his promotion to battalion chief. The promotion decision was governed exclusively by the CBA between the labor union and the city; therefore, the captain had an adequate remedy by way of a grievance or arbitration. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2264, Categories: Employment, Government, Labor / Unions
J. Harris finds the Board's decision to deny asylum to the Chinese man requires clarifications before it can be reviewed. The Chinese man who entered the country under a student visa after being allegedly persecuted for being Christian claims he would be tortured if he returned to China. The Board's failure to fully explain itself prevents the court from engaging in a meaningful review. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: July 6, 2023, Case #: 21-1371, Categories: Immigration
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault and criminal contempt after conducting an in camera review of the responding officers' memo books. While the victim testified that the officers wrote down what she told them at the scene, neither memo book contained any recorded statements by the victim to police. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03753, Categories: Evidence, Assault
J. Clark finds that the lower court improperly convicted defendant of conspiring to facilitate a cocaine-trafficking ring because evidence established only that defendant made dealer-quantity purchases of cocaine and occasionally cooked crack cocaine for the ring's principal without connecting him to the wider ring, stash houses, or other participants. Reversed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 6, 2023, Case #: 112239, Categories: Drug Offender, Evidence, Conspiracy
Per curiam, the circuit finds that the district court properly denied defendant compassionate release from his mandatory life sentence for hostage-taking in light of defendant's involvement with the Plum Blossom Gang, which held a man and two women for ransom for a week, repeatedly beat them, raped the women again and again before strangling one of them, and shot the man in the head and left him for dead, actions that were described as "horrific." Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 6, 2023, Case #: 22-626-cr, Categories: Sentencing, Kidnapping, Gangs
J. Egan finds that the lower court improperly adjudicated defendant as a juvenile delinquent based on his admission that he possessed stolen property because the allocution did not alert defendant or his mother to possible dispositional orders, a mandatory provision that cannot be waived. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: July 6, 2023, Case #: 536022, Categories: Criminal Procedure, Juvenile Law
J. Gwin finds that even if the trial court erroneously allowed the expert witness to testify about damage done to the home by the contractor without the submission of his expert report prior to trial, the error was harmless. The contractor and his attorney were aware of the testimony prior to trial and were able to cross-examine the witness. Meanwhile, the expert's history of working on thousands of construction jobs and owning two construction companies was sufficient for the court to certify him as an expert witness, while his thorough inspection of the property prior to trial rendered his testimony reliable and admissible. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: July 6, 2023, Case #: 2023-Ohio-2317, Categories: Construction, Experts, Contract
J. Shorr finds the trial court properly required defendant and all other courtroom participants to wear a mask during the pandemic if they could not provide proof of vaccination. “The witnesses who testified against defendant did so in his presence and in the presence of the jury, where they were under oath and subject to cross-examination. No element of the right to confrontation promises the defendant that his entire face will be literally seen or requires the witness or others to observe the same.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: July 6, 2023, Case #: A176458, Categories: Confrontation, Dui
J. Egan finds that the lower court improperly dismissed a challenge to an initiative overhauling the foster care system in which attorneys represent children in placement proceedings. Groups that supplied such attorneys had standing to sue by demonstrating injury in fact because their roles and contractual obligations would be affected. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: July 6, 2023, Case #: CV-22-2237, Categories: Family Law
J. Oliver finds that the trial court rightly dismissed derivative and direct claims stemming from the alleged breach of a company operating agreement for failure to prove damages. The determination by an appointed special litigation committee that no interest was due on a conversion claim must stand since the trial court found that the committee had met all statutory requirements. On remand, the trial court must allocate requested attorney fees between successful and unsuccessful claims. Affirmed in part.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: July 6, 2023, Case #: 20210566-CA, Categories: Corporations, Conversion, Attorney Fees
J. Kamins finds the Psychiatric Security Review Board erred in denying an individual's discharge. The Board’s “conclusion that petitioner’s dangerousness was 'because of’ his anxiety disorders is not supported by substantial evidence.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 6, 2023, Case #: A174602, Categories: Evidence, Commitment
J. Scudder finds that a lower court improperly ordered the convicted sex offender to pay a $5,000 special assessment, finding him not qualified as "indigent," without considering his financial prospects for repaying the assessment in future years. Although defendant qualified for appointed counsel, he claims he spent all his money on private counsel. At sentencing, the district court must consider both whether defendant is eligible for appointed counsel and whether defendant lacks the resources to provide for himself going forward before finding them "indigent" or not. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: July 6, 2023, Case #: 22-1473, Categories: Sentencing, Sex Offender
J. Corrigan, in response to questions certified from the U.S. Court of Appeals for the Ninth Circuit, holds that the Workers' Compensation Act does not bar an employee's spouse from suing an employer for negligence where the employee contracted Covid-19 at work and brought the virus home. The Act allows causes of action that are not legally dependent on an employee's injury, so it is irrelevant whether the employee ever became sick himself. Secondly, an employer does not owe a duty of care to protect an employee's household from Covid-19. Though forseeability and moral blame factors tend to impose a duty on the employer, the prospect of liability stemming from secondary infections would create untenable financial consequences for employers and impose significant burdens on the court system from the likely flood of complex cases.
Court: California Supreme Court, Judge: Corrigan, Filed On: July 6, 2023, Case #: S274191, Categories: Covid-19, Workers' Compensation