141 results for 'filedAt:"2023-08-04"'.
J. Humes finds that the trial court must revisit a resentencing request that was made by a previous district attorney and withdrawn by his replacement. Defendant is serving consecutive life sentences for attempted murder and other counts. A trial court has the discretion to end a resentencing proceeding where a district attorney provides a legitimate basis for withdrawal, but the trial court is not required to rule on the merits before allowing a request to be withdrawn. Vacated.
Court: California Courts Of Appeal, Judge: Humes, Filed On: August 4, 2023, Case #: A165925, Categories: Murder, Sentencing, Due Process
J. Kobes finds a lower court properly denied a police officers motion for acquittal concerning his participation of the death of George Floyd. The police officer argued that his convictions for depravation of rights under the color of law resulting in bodily injury and death should be tossed out. However, the government presented sufficient evidence in court that he participated, along side three other police officers, in deliberate indifference when he failed to interfere with another officer who murdered Floyd by placing his full weight on his neck for eight minutes. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 4, 2023, Case #: 22-2701, Categories: Negligent Murder, Civil Rights
Per curiam. The Eighth Circuit finds a lower court properly sentenced a defendant to 300 months in prison after he was found guilty of possession of a firearm as a felon, possession of meth with intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime. The defendant argued that the lower court erred in denying his motion to dismiss destruction of evidence claims. However, the government presented sufficient evidence in court that police officers stopped him in traffic after he drove left into the road, discovered an active warrant, and then attempted to flee after an officer located a firearm in his pocket. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 4, 2023, Case #: 22-2790, Categories: Drug Offender, Sentencing
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. Smith finds the district court properly found in favor of the 5G telecommunications provider, entering permanent injunction against the city which attempted to block expansion of its network. The Federal Telecommunications Act preempts the city’s spacing and undergrounding requirements. “Safe-harbor” provisions in the Act were forfeited by the city’s failing to answer the complaint. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: August 4, 2023, Case #: 22-20454, Categories: Communications, Municipal Law, Technology
J. Seabright partially denies summary judgment in a Fair Credit Reporting Act case to Experian, finding that Experian did not willfully misrepresent a consumer’s credit but may have negligently done so when relying on information provided by the bank. However, summary judgment is granted to Experian in regards to the consumer’s damages as she did not submit proper testimony that the credit report affected her medical well-being or that the report caused her to be denied a credit card.
Court: USDC Hawaii, Judge: Seabright, Filed On: August 4, 2023, Case #: 1:21cv334, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Consumer Law
J. Zahn holds that a father's appeal of the denial of his petition to modify child custody is moot since the district court already sent the case back to the magistrate court for reconsideration.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: August 4, 2023, Case #: 49795-2022, Categories: Family Law
J. Grant finds that the district court improperly ruled in favor of the government in an action brought by the individual under the Federal Tort Claims Act. The individual sought damages for injuries he allegedly suffered in an accident with a U.S. Postal Service truck. The district court incorrectly excluded the individual's experts under a rule governing pretrial disclosures. The doctors who were the individual's expert witnesses were non-retained experts rather than retained experts and were not required to file full disclosure reports. However, the district court correctly rejected the individual's motion for partial summary judgment on liability. Vacated.
Court: 11th Circuit, Judge: Grant, Filed On: August 4, 2023, Case #: 21-12661, Categories: Negligence, Experts
J. Prescott finds that the lower court properly determined there was probable cause for the police officers to arrest the petitioner on a charge of drunk driving because he not only had slurred speech and bloodshot eyes, but also had to be helped out of his vehicle - which was stuck on a retaining wall at his home - before he failed several field sobriety tests; therefore, the Department of Motor Vehicles properly suspended his license. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: August 4, 2023, Case #: AC45598, Categories: Dui, Vehicle, Public Intoxication
J. Lewis finds that defendant's murder and assault convictions stemming from the death of his mother were not against weight of the evidence, which included testimony he was the only other person at the home at the time of the victim's death, the family had several knives of the same brand used to stab the victim, and defendant "sang" about killing his mother when he was arrested, even though he had not been told of her death. Meanwhile, the trial court properly denied defendant's motion to suppress statements made to police while in the back of a police cruiser because although he had not been read his Miranda rights, no officers spoke to him or elicited the incriminating statements, which were made spontaneously and were properly admitted. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: August 4, 2023, Case #: 2023-Ohio-2700, Categories: Evidence, Miranda, Murder
J. Vertefeuille finds that the lower court properly granted the Better Business Bureau's motion for summary judgment on defamation claims brought by the used car dealership because the dealership failed to identify which specific statements in the bureau's rating were defamatory, while the letter grade assigned to the business was properly determined by the court to be an expression of opinion, rather than fact. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Vertefeuille, Filed On: August 4, 2023, Case #: AC45180, Categories: Evidence, Defamation
J. McShane finds in favor of the U.S. Forest Service on the environmental organization's complaint alleging that the government agency's three commercial logging projects - which authorize commercial tree thinning of between 3,000 and 16,000 acres of the Fremont-Winema National Forest - do not qualify for the CE-6 exclusion of the National Environmental Policy Act. The CE-6 exclusion does apply, because the projects are meant to improve timber stand and wildlife habitat through thinning and prescribed burning, and the Forest Service explained how the conifer trees' overpopulation and encroachment will negatively impact other desirable tree species and wildlife habitats without thinning.
Court: USDC Oregon, Judge: McShane, Filed On: August 4, 2023, Case #: 1:22cv1007, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Wu grants the settlement awarding the three children a total of $150,000 for their claim that the Los Angeles Metropolitan Detention Center's employees did not provide adequate medical care for their mother's severe left-sided chest pain or anxiety for two and a half weeks, leading to her suicide by hanging. The proposed settlement is fair and reasonable because it takes the mental pain and suffering the children endured following the suicide of their parent into account.
Court: USDC Central District of California, Judge: Wu, Filed On: August 4, 2023, Case #: 2:21cv8071, NOS: Other Civil Rights - Civil Rights, Categories: Settlements, Negligence, Wrongful Death
J. Valderrama grants the plaintiff machine operator’s motion to remand this personal injury case to Cook County, but denies his motion for costs and attorney fees. The operator was injured in an explosion at a steel company’s Indiana production plant and sued both the company and the safety engineer whose negligence allegedly caused the explosion. The operator filed his suit in Cook County court because that is where the safety engineer lives, and while the company earlier managed to remand the case to federal court on a diversity jurisdiction argument, the federal court now agrees with the operator that Cook County’s circuit court is more appropriate.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: August 4, 2023, Case #: 1:22cv6484, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction, Venue
J. Crabtree dismisses a dust control solution company's contract claims against a mineral products supplier. The mineral products supplier sufficiently showed in court that it does not have a contractual obligation to buy goods and services from the dust control company.
Court: USDC Kansas, Judge: Crabtree, Filed On: August 4, 2023, Case #: 2:21cv2199, NOS: Other Contract - Contract, Categories: Contract
J. Mehta refuses to dismiss certain antitrust claims filed by the government and 38 states regarding Google’s alleged exclusionary practices as applied to search engine services and search advertising. There are genuine disputes of fact regarding the claim Google's exclusive dealing arrangements violate the Sherman Act and whether Google's disparate development of certain ad-buying features has an anticompetitive effect.
Court: USDC District of Columbia, Judge: Mehta, Filed On: August 4, 2023, Case #: 1:20cv3010, NOS: Antitrust - Other Suits, Categories: Antitrust, Corporations, Technology