140 results for 'filedAt:"2023-10-18"'.
J. Perry finds that defendant was properly convicted and sentenced on counts of pornography involving juveniles under age thirteen. There was sufficient evidence to support the jury's conclusion that the pornography found on defendant's computer was his and not that of a different individual who had been at his apartment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: October 18, 2023, Case #: KA-23-95, Categories: Evidence, Sex Offender
J. Welch finds that the trial court properly partitioned the community property and awarded the ex-wife permanent spousal support. The paint company was properly valued at $202,000 based on the testimony of a CPA who was "certified in business evaluations." Also, the ex-wife was correctly awarded $300 in monthly spousal support since she was "free from fault" for the breakup of the marriage, and the parties' respective income and expenses supported that amount. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: October 18, 2023, Case #: 2023CA0145, Categories: Family Law, Property
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J. D'Alessandris denies the Army’s motion to strike certain counts from the contractor’s appeal from the denial of its claim for costs incurred in maintaining financial records for audit during its contract for services to the Army Communications-Electronics Command at Fort Hood, Texas. The contracting officer repeatedly delayed acting on the contractor’s indirect rate letters, which resulted in further costs of maintaining an office. Parts of the complaint that the Army alleges require a sum certain do not constitute separate claims but are part of the contractor’s complaints about the manner in which the Army administered the contract. The claim only seeks reimbursement for costs incurred during a certain period to comply with audit requirements.
Court: Armed Services Board Of Contract Appeals, Judge: D’Alessandris , Filed On: October 18, 2023, Case #: 63259, Categories: Military, Contract
J. Fallon grants a request by the Orleans Parish sheriff and her director of employment, dismissing a hostile workplace claim by a human resources staffer who was fired after she was absent for several weeks due to emergency surgery and hospitalization required to protect herself and her newborn child. The manager’s actions, though dubious, did not rise to the level of “objectively offensive harassment.” Without more, the fired staffer’s claims cannot survive. The litigant’s claims against the sheriff remain.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: October 18, 2023, Case #: 2:23cv2981, NOS: Employment - Civil Rights, Categories: Civil Rights, Evidence, Employment Discrimination
J. Ripple finds that the lower court properly convicted defendant of mail fraud and conspiracy to commit money laundering. Evidence supports the finding that he acted as a middleman in a scheme to use fake online dating accounts to solicit hundreds of thousands of dollars from unwitting elderly people and send the money to co-conspirators in Nigeria. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: October 18, 2023, Case #: 22-2573, Categories: Fraud, Money Laundering
J. Boomgaarden finds that the lower court properly denied a motion from defendant, filing pro se, to correct what he alleges is an illegal sentence stemming from DUI convictions. Defendant claims he was not credited for time served spent on probation, but there is nothing in the law that would entitle him to that. The lower court did, in fact, credit him with his history of treatment during probation by reducing his sentence by one year. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: October 18, 2023, Case #: S-23-0123, Categories: Probation, Sentencing, Dui
J. Pedersen finds that the lower court improperly denied the airline appellants' motion to transfer venue in this case alleging discrimination and breach of contract after a family was allegedly removed from a flight. The appellants presented evidence that the incident took place in Tarrant County, as opposed to Dallas County. Accordingly, the case is remanded for the lower court to transfer the case to Tarrant County. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: October 18, 2023, Case #: 05-23-00621-CV, Categories: Transportation, Venue, Contract
J. Menetrez finds that defendant's convictions for possessing an unregistered, loaded firearm and for possessing a controlled substance while armed with a firearm pass constitutional tests. But the trial court erred in imposing two sentences for the offenses, as the crimes were completed by a single act. Vacated in part.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: October 18, 2023, Case #: E079475, Categories: Drug Offender, Firearms, Sentencing
J. Eddins dismisses three law firms from a tobacco product liability case, finding that a Hawaii circuit judge improperly refused to excuse them from accusations of conspiring with tobacco companies they represented to promote their products and conceal the harmful effects of tobacco. The state court does not have personal jurisdiction over whatever involvement the firms had in promoting tobacco, as there is no evidence the out-of-state firms ever had direct contacts within Hawaii or specifically targeted Hawaii.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: October 18, 2023, Case #: SCPW-23-76, Categories: Judiciary, Product Liability, Jurisdiction
J. Gratton finds that the trial court should have applied a felony enhancement to defendant's misdemeanor domestic battery charge due to a prior felony domestic battery conviction. Regardless of the timing of the underlying conduct, statute allows the enhancement if the felony conviction comes before the misdemeanor conviction. Reversed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: October 18, 2023, Case #: 49955, Categories: Criminal Procedure, Domestic Violence
J. Pagan finds the trial court erred by determining that it lacked authority to grant the petition for relief from the state statutory bar prohibiting defendant from owning a firearm because he was convicted of a federal felony. “Appellant met his burden of showing that he is entitled to relief from the state law bar on possessing a firearm.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: October 18, 2023, Case #: A177996, Categories: Evidence, Firearms
J. Calabretta denies, in part, an insurer’s motion to dismiss a business’s claims related to the insurer’s failure to refund or reassess rates during the Covid-19 pandemic. The business has sufficiently pleaded the insurer's failure to adjust the rate or allow it a chance to request an adjustment was an unfair business practice, and has adequately pleaded a claim for restitution.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: October 18, 2023, Case #: 2:23cv197 , NOS: Insurance - Contract, Categories: Insurance, Covid-19
J. Horton finds the trial court improperly revoked defendant’s probation, sentencing him to five years in prison on his no-contest plea conviction for meth possession. When the court conducted the probation revocation hearing if found that docket sheet reflected that it released defendant’s attorney at a “Probation Revocation Announcement.” No other attorney was appointed in the hearing, and nothing in the appellate record shows that the trial court warned defendant about the danger of representing himself. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 18, 2023, Case #: 09-22-00338-CR, Categories: Drug Offender, Probation, Self Representation
J. Kelly finds a lower court properly granted the Alliance for Retired Americans motion for injunction against a county board of supervisors. The county board of supervisors argued that it was entitled to conduct a hand- count audit from county precincts in the 2022 general election, as well as early ballots. The alliance sufficiently showed in court that the appeal is moot based on the "now concluded" 2022 general election. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Kelly, Filed On: October 18, 2023, Case #: 2 CA-CV 2022-136, Categories: Elections, Government
J. Clement finds the district court properly convicted defendant for conspiracy to transport illegal aliens. Defendant was a passenger in an SUV that was stopped for appearing “to be riding low” with a license plate light out. Nine Mexican nationals were found inside, and defendant admitted to being paid to help with their transportation. The government used the inadmissible criminal investigation report to prove that a person being transported was in the United States unlawfully, so the conviction for transporting is vacated. Affirmed in part. Vacated in part and remanded.
Court: 5th Circuit, Judge: Clement, Filed On: October 18, 2023, Case #: 21-50986, Categories: Conspiracy, Due Process, Human Trafficking
J. Penzato finds that the trial court partly erred in the damages awarded to both sides in a contract dispute involving work performed on a project. The contractor should have been awarded an additional $3,486 for seed and fertilize work, while the owner should have only been awarded $26,400 as delay damages instead of $90,000 to account for bad weather days. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: October 18, 2023, Case #: 2023CA0299, Categories: Damages, Contract
J. Stark finds that the trademark trial and appeal board improperly canceled a registered trademark held by a steak and seafood restaurant because the board lacked authority to cancel a fraudulently obtained mark. Reversed.
Court: Federal Circuit, Judge: Stark, Filed On: October 18, 2023, Case #: 2022-1212, Categories: Fraud, Trademark
J. Wilson finds that the trial court properly denied the ex-wife's motion to reopen the community property partition because the ex-husband allegedly did not disclose the existence of a pension plan. The motion was correctly denied based on res judicata since the parties' consent judgment "settled the claim of the parties to any retirement benefits." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: October 18, 2023, Case #: CA-22-789, Categories: Family Law, Property