176 results for 'filedAt:"2023-11-30"'.
J. Yun finds the Colorado Supreme Court's ruling in Rojas v. People did not establish a new constitutional rule of criminal procedure for the admission of testimony to explain a victim's delay in reporting sex crimes and, therefore, it could not apply retroactively to defendant's case, which allowed the lower court to dismiss his petition for postconviction relief. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: November 30, 2023, Case #: 2023COA113, Categories: Criminal Procedure, Constitution, Sex Offender
J. Overstreet finds that the lower court properly denied defendant's motion to file a successive postconviction petition alleging the state failed to disclose evidence relevant to his defense on murder charges. Defendant's pro se status in the prior proceedings is not cause for permitting the filing of a successive postconviction petition, and his claim is barred by res judicata. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: November 30, 2023, Case #: 128740, Categories: Evidence, Habeas, Self Representation
J. Mays finds the trial court did not prejudice the jury against defendant when it informed the jurors about grand jury proceedings and used the phrase "more likely than not that a defendant did commit the crime." The court followed that phrase with an appropriate explanation of probable cause and reiterated to the jury defendant was innocent until proven guilty. Meanwhile, text messages that implicated defendant in both robberies and her admission to police that she shot the victim "because she was scared" was sufficient to convict her of all the crimes with which she was charged. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: November 30, 2023, Case #: 2023-Ohio-4306, Categories: Evidence, Jury, Murder
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J. Hester finds that the lower court properly adopted the department's "Most Feasible Plan for Necessary Evaluation" for the remediation of a tract of land that was contaminated by past oil and gas operations. The plaintiff landowner's assignments of error lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 30, 2023, Case #: 2022CA1169, Categories: Environment, Property
J. Brown finds that the trial court properly denied an anti-SLAPP motion that was filed in response to a student's complaint for defamation, harassment, invasion of privacy and other claims. The student sued after his ex-girlfriend's emails got his acceptance to Dartmouth College rescinded. The focus of the emails was not a qualifying issue of public interest and did not further any public conversation on an issue of public interest. Affirmed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: November 30, 2023, Case #: A165224, Categories: Anti-slapp, Defamation
J. Lake denies a company's motion for a new trial following a jury's decision that Phillips 66 did not infringe on two of its patents related to refining marine fuel oil. There is no evidence of manifest injustice, and, based on the conflicting proof presented, the jury could have reasonably decided the company failed to prove infringement.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: November 30, 2023, Case #: 4:20cv2444, NOS: Patent - Property Rights, Categories: Energy, Patent
J. Fallon denies a request by a co-trustee of a charitable trust to strike the jury trial demand of a co-trustee the court removed for breach of fiduciary duties. The surviving co-trustee's suit against his expelled cohort seeks monetary damages for funds to which the beneficiary trusts are entitled. This is a legal remedy and, therefore, the expelled trustee is entitled to a trial by jury.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 30, 2023, Case #: 2:17cv5368, NOS: Other Contract - Contract, Categories: Trusts, Damages, Fiduciary Duty
J. Garry finds that the workers' compensation board properly barred an employee from receiving further benefits after finding she failed to obtain consent before settling a third-party action for injuries sustained in a job-related car accident, as while the action was subsequently discontinued, the record does not indicate she possessed the requisite consent to enter a settlement. However, evidence did not support the finding that she made willful misrepresentations to receive benefits. Affirmed in part.
Court: New York Appellate Divisions, Judge: Garry, Filed On: November 30, 2023, Case #: 535150, Categories: Workers' Compensation
J. Pritzker finds that the lower court should have dismissed breach of contract claims brought against the attorneys of the beneficiary of a will because the attorneys presented documentary evidence demonstrating that negotiations of a medical malpractice settlement added money into the estate, which, by passing to the beneficiary, was governed by their retainer agreement. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 30, 2023, Case #: 536182, Categories: Wills / Probate, Attorney Fees
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv745, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Cunningham finds that the appeals court improperly reversed defendant's convictions, finding his motion for substitution of judge was exempt from being deemed abandoned because the court never ruled on it. Defendant never obtained a ruling on his motion for substitution, and it must be deemed abandoned, otherwise a defendant could knowingly build error into the record by allowing a motion to remain unaddressed. Reversed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: November 30, 2023, Case #: 128474, Categories: Criminal Procedure, Judiciary
J. Maraman finds the lower court properly granted summary judgment in the case of an employee’s death at work to a plumbing company. Though the employee’s family argued that there was ambiguity on whether the deceased was actually considered an employee or not, it was proper to consider summary judgment before conducting discovery. The family did not present any evidence of genuine issue of material fact, even in the many months between the filing and the hearing and only presented an opposition that wrongly placed the burden of proof on the plumbing company. Affirmed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: November 30, 2023, Case #: CVA22-11, Categories: Employment, Wrongful Death, Workers' Compensation
J. Englander vacates the defendant’s convictions of mayhem, assault and battery by means of a dangerous weapon and violation of constitutional rights with bodily injury. The judge refused to strike a juror whose mother works for the Boston Police Department even though the defense planned to question the credibility of the Boston Police Department.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: November 30, 2023, Case #: 22-P-817, Categories: Jury, Assault, Mayhem
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv751, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Aarons finds that a county judge should be barred from enforcing his decision to dismiss a murder indictment when the prosecution opted not to participate at trial following the denial of an adjournment request seeking additional preparation time because the judge acted outside his authority in staging a "charade" trial until counsel moved for dismissal instead of crafting another remedy. The judge is also prohibited from enforcing a sanction he permitted defendant to choose after the prosecution failed to provide an expert witness disclosure, which constituted an improper delegation of judicial authority.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 30, 2023, Case #: 535974, Categories: Judiciary, Discovery
J. Boyle finds that evidence during defendant's trial on domestic violence and child endangerment satisfied all elements of the offenses, including the creation of a substantial risk of serious harm. The corporal punishment administered, which included whipping the victim with a belt with such force that he had visible bruises the next day and could not walk into school, was not a reasonable form of parental discipline. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: November 30, 2023, Case #: 2023-Ohio-4316, Categories: Evidence, Domestic Violence, Child Victims
J. Kelly finds the trial court improperly in part found in favor of a family partnership in a trespass to title suit brought by a charitable foundation. The summary judgment motion submitted by the partnership did not address the foundation’s trespass to title claims for specific tracts of land. Therefore, when the trial court granted the motion, it did so acting outside of the confines of the motion. However, the court did act within its discretion to award attorney fees to the partnership. Reversed in part.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: November 30, 2023, Case #: 03-21-00561-CV, Categories: Partnerships, Attorney Fees
J. O'Neil finds a lower court improperly denied a defendant's motion for a peremptory change of judge. The state argued that the defendant, who was indicted on charges of sexual conduct with a minor, was not entitled to notice of change of judge based on untimeliness. However, the defendant presented sufficient evidence in court that he had not previously waived his rights to for a new judge. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: November 30, 2023, Case #: 2 CA-SA 2023-84, Categories: Judiciary, Sex Offender