191 results for 'filedAt:"2024-01-24"'.
J. Vaidik finds that defendant was improperly convicted of the lesser-included offense of voluntary manslaughter in light of the prosecutor's closing statements concerning the eggshell-victim doctrine because the contention that defendant was guilty regardless of intent to cause bodily harm muddied the issue of whether defendant knowingly killed the victim. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: January 24, 2024, Case #: 23A-CR-783, Categories: Intent, Prosecutorial Misconduct, Manslaughter
J. Kamins finds the Land Use Board of Appeals properly interpreted the law when it remanded the Deschutes County Board of Commissioners’ approval of a rezoning application. “Consideration of whether land is agricultural land…must include consideration of whether the land’s resource designation and zoning is necessary to permit farm practices to be undertaken on adjacent or nearby agricultural lands.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A182073, Categories: Property, Zoning
J. Land finds that the trial court properly convicted defendant of burglary. The trial court correctly denied defendant's motion to sever the charges against him, which arose from a burglary of a convenience store and a burglary of an abandoned house. The charges against defendant were factually connected and linked by overlapping evidence, including video footage showing the person who burglarized the store running towards the street where the abandoned house was located. Sufficient evidence was presented to support defendant's convictions. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: January 24, 2024, Case #: A23A1422, Categories: Burglary
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J. Suttell finds that the general magistrate properly and equitably distributed marital assets. The wife waived arguments regarding the general magistrate’s authority to preside over a contested divorce, and the magistrate properly determined the husband met his burden of establishing the value of his premarital asset. Meanwhile, the wife was properly denied alimony. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: January 24, 2024, Case #: 22-219, Categories: Family Law, Judiciary
J. Ahlers finds that a father's parental rights were properly terminated since he murdered the children's mother and was serving a sentence of life in prison without the possibility of parole. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 24, 2024, Case #: 23-1234, Categories: Family Law
J. Chicchelly finds that defendant was properly convicted of unauthorized use of a credit card after stealing gift cards while employed at a convenience store based on evidence including receipts and specific gift card authorization numbers. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: January 24, 2024, Case #: 23-0819, Categories: Evidence, Theft
J. Badding finds that the parties' parental rights were properly terminated because they had not sent their school-aged child to school, their home was filled with trash, and they had a history of illegal drug use and domestic violence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: January 24, 2024, Case #: 23-1882, Categories: Family Law
J. Renner finds that the trial court properly denied defendant's petition for termination from the California sex offender registry. Defendant is an Oregon resident who is currently registered there. Relief is not possible because petitioner, who was convicted in California, is not registered in any California county. Affirmed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: January 24, 2024, Case #: C097934, Categories: Sex Offender, Equal Protection
J. Egan finds the juvenile court judgment properly denied a mother’s motion to set aside the relinquishment of her parental rights. The court “made a factual finding that mother did not unequivocally communicate that she wished to revoke her relinquishment.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 24, 2024, Case #: A181543, Categories: Family Law
J. Buller finds that the parties' parental rights were properly terminated based on their history of domestic violence and illegal drug use and because they violated no-contact orders against one another. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-1892, Categories: Family Law
J. Bower finds that a condominium association lacked authority to assess foreclosure fees or attorney fees after a unit was subjected to foreclosure because nothing in the bylaws or declaration allowed the association to impose fees following foreclosure. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: January 24, 2024, Case #: 23-0017, Categories: Foreclosure
J. Gallagher finds the Kuwaiti royal partially met her burden to prove the lender aided and abetted the fraudster. Therefore, the partial judgment of $469,990 plus prejudgment interest is awarded pending relinquishment of lis pendens on the property. The court grants judgment in favor of the lender for the unjust enrichment claims for all three loans.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 24, 2024, Case #: 1:18cv2958, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
J. Fields finds that the trial court erred in awarding attorney fees and costs petitioner incurred after she rejected a settlement offer. Petitioner sought declaratory relief because a city denied her public records request for a crime victim's name. Before trial, the city provided the name and $2,500 for fees and costs that petitioner incurred up to that point. She was the prevailing party because she was the catalyst for the disclosure. But she is not entitled to $40,000 in fees and costs incurred after the offer, which was unambiguous and enforceable. Reversed.
Court: California Courts Of Appeal, Judge: Fields, Filed On: January 24, 2024, Case #: E079840, Categories: Public Record, Settlements, Attorney Fees
J. Tabor finds that a retailer breached a non-compete agreement after she helped a competitor sell clothing because she admitted that she bought inventory and passed invoices to the competitor in violation of her employment contract. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 22-1807, Categories: Employment, Contract
J. Wyrick grants the defendant employer's motion for summary judgment in this employment discrimination lawsuit asserting claims under the Americans with Disabilities Act and the Family and Medical Leave Act. There are no issues of fact precluding summary judgment for the employer. Specifically, the former employee fails to show that the reason given for his termination, which involved his alleged absenteeism, was pretext for discrimination.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: January 24, 2024, Case #: 5:22cv737, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Danilson finds that defendant was properly convicted of second-degree theft after stealing a deposit from a car dealership that employed him as a manager because he pocketed the money instead of placing it in a safe and later admitted to a coworker that he took it. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: January 24, 2024, Case #: 23-0633, Categories: Evidence, Theft