120 results for 'judge:"Baker "'.
J. Baker grants the relators' petition for writ of mandamus allowing them to designate the apartment builder's engineers, real estate attorneys and contractors as responsible third parties in underlying litigation from a sale of real property. The trial court did not have the discretion to deny a timely filed motion to designate.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: February 23, 2024, Case #: 03-23-00307-CV, Categories: Property, Contract
J. Baker finds the trial court properly granted partial summary judgment to a doctor and denied a patient���s motion for a new trial in this medical malpractice case. The patient alleges the doctor negligently performed a thighplasty on her, instead of doing a lower body lift for her desired results. The jury found the doctor not negligent in the standard of care on sequencing. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 20, 2024, Case #: DA 22-0600, Categories: Medical Malpractice
J. Baker finds that the trial court should have taken judicial notice of an injured pedestrian's low blood alcohol content after admitting into evidence that he had been drinking before he was struck by a vehicle while walking in a crosswalk. Judicial notice does not require the introduction of evidence as proof of a fact. Reversed in part.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 20, 2024, Case #: DA 23-0134, Categories: Evidence, Negligence
J. Baker finds the circuit court properly granted the department of correction's motion for summary judgment. The inmate, convicted in 1980 for capital murder and rape, sought a declaration he was eligible for parole and asked the court to compel parole. Parole eligibility is based on the number of times a defendant has been convicted for felonies. Because defendant committed attempted first-degree murder and first-degree battery while incarcerated, and after a cited statute had been enacted, he became ineligible for parole after committing the last of the four felonies. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CV-23-282, Categories: Evidence, Murder, Prisoners' Rights
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J. Baker finds the county court properly found the deceased's will to change the beneficiaries of annuities. The sons argue a recent change in law provides that a testamentary change to an insurance policy or annuity contract beneficiary is ineffective if the change is not made according to the annuity and policy terms, but the law does not state it is to be applied retroactively. The widow also had a vested interest in her husband's annuity when he died, which was before the law's enactment. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CV-23-73, Categories: Family Law, Insurance, Wills / Probate
J. Baker finds the trial court properly convicted defendant for murder based on sufficient evidence. After the victim's friend had received a text from the victim saying "this man is trying to kill me," he was found stabbed 11 times. Defendant, who is blind, fails to support his claim he was grabbed from behind and did not know who he was stabbing. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CR-23-411, Categories: Evidence, Murder
J. Baker dismisses the individual's and the individual's company's claims in a negligence action against the bank arising from the bank's alleged failure to recognize the individual's right of rescission in contracts for the purchase of vehicles. The company cannot proceed pro se and failed to retain counsel even after being directed to do so. The individual lacks standing to assert the claims in her personal capacity because the claims rest on contracts that were executed only by the company.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 15, 2024, Case #: 4:23cv3, NOS: Other Contract - Contract, Categories: Negligence, Contract
J. Baker partially grants the gun seller's motion for default judgment in a fraud, negligent misrepresentation and breach of contract action against the gun manufacturer arising from a failed agreement between the parties to design and manufacture a new nine millimeter pistol caliber carbine. The seller plausibly alleged that the manufacturer violated the terms of the agreement and that the manufacturer misrepresented its ability to design and produce the parts. The motion is granted as to liability on all counts but a ruling on damages is reserved until after a hearing in March.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 7, 2024, Case #: 4:21cv334, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Baker denies the insurer's motion to dismiss a putative class action brought by the insurance agents alleging that the insurer filed fraudulent tax documents and seeking injunctive relief barring the insurer from enforcing an asset transfer agreement. The class failed to allege facts entitling it to injunctive relief and it is not possible to adjudicate the injunctive relief request. However, the class's claim for monetary damages under the statute is subject to an arbitration provision. The parties are ordered to submit the underlying dispute as to the enforceability of the agreement provisions to arbitration.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 7, 2024, Case #: 4:20cv219, NOS: Other Contract - Contract, Categories: Arbitration, Class Action
J. Baker finds that counsel was not deficient for deciding not to challenge questions the state asked defendant during his robbery trial. The prosecutor's "were they lying" questions were permissible because the credibility of the witnesses was a principal issue in determining his guilt. And in the context of his line of questioning, the prosecutor was not expressing a personal opinion when he asked, "You could just tell the truth, couldn't you?" Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 6, 2024, Case #: DA 22-0429, Categories: Ineffective Assistance, Prosecutorial Misconduct, Robbery
J. Baker grants the company's motion for default judgment in a breach of contract action and awards a judgment against the shareholder in the amount of $122,000. The action arose from the shareholder's failure to pay money owed under a stock transfer agreement. The company plausibly alleged that the shareholder breached the agreement by failing to pay his portions of a settlement or the fees associated with the underlying dispute.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 5, 2024, Case #: 4:21cv184, NOS: Other Contract - Contract, Categories: Contract
J. Baker finds that unfair prejudice of evidence of defendant's prior sexual conduct with young girls outweighed its probative value in his trial for sexual assault on his step-granddaughter. His prior acts were admissible to show motive and intent, but the trial court's limiting instruction was insufficient to overcome the undue prejudice caused by the state's repeated reminders that he had only served 45 days in jail for sex crimes involving other family members, which implied that he had not been adequately punished. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: January 16, 2024, Case #: DA 21-0646, Categories: Evidence, Sex Offender
J. Baker upholds the trial court expulsion of a partner from a business partnership. The expelled partner's unilateral decisions and incarceration on tax charges, along with a breakdown in trust between partners, made the partnership no longer reasonably practicable. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: January 16, 2024, Case #: DA 23-0247, Categories: Partnerships, Contract
J. Baker finds that the trial court complied with the notification requirements of the Indian Child Welfare Act in a juvenile dependency proceeding. Formal notice to Indian tribes was not required because there was no reason to believe that the minor is an Indian child. Affirmed.
Court: California Courts Of Appeal, Judge: Baker, Filed On: January 12, 2024, Case #: B321592, Categories: Family Law, Native Americans
J. Baker finds the trial court improperly ruled in favor of a district attorney in a Public Information Act case in which the district attorney sought to withhold the names of impaneled grand jurors. Considering "the fact that grand jurors' names are necessarily made public during the grand-juror-selection process, that the default rule in the Code of Criminal Procedure that court proceedings are public, and that the presumption in the PIA that all information maintained or collected by governmental bodies is 'public information,'" grand jurors' names are not excepted from disclosure. Reversed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: January 11, 2024, Case #: 03-22-00238-CV, Categories: Government, Jury, Public Record
J. Baker denies ship owners' motion for summary judgment in a negligence action brought by the stevedore arising from spinal injuries he suffered while working aboard the ship. The stevedore alleged that he was injured while trying to lift a rusty metal hatch cover that had become stuck. The stevedore sufficiently alleged that the owners committed a tortious act or omission in Georgia which satisfies the Georgia long-arm statute by alleging that the owners breached the turnover duty. The torts allegedly committed by the owners happened in Georgia and the owners are subject to personal jurisdiction in Georgia.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: January 5, 2024, Case #: 4:22cv305, NOS: Marine - Contract, Categories: Negligence, Jurisdiction
J. Baker finds that the trial court properly denied Texas State University's plea to the jurisdiction and motion for summary judgment in a grandmother's injury suit alleging she fell from a flight of stairs on the campus. There were no signs to warn users of the disproportionately large drop from the final step onto the sidewalk below. The university also fails to prove that its decision not to modify the step's riser height was a "discretionary decision" that preserves its immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: January 4, 2024, Case #: 03-23-00333-CV, Categories: Government, Immunity, Premises Liability
J. Baker finds that the trial court properly denied a motion to retry the validity of a will over allegations of undue influence. The challenger failed to show prejudice resulted from a juror's use of an online dictionary to look up the definition of "undue." Also, an attorney fee award to the estate was proper, but an award to an individual was error because she was defending her own interests and her participation was not required for the estate's defense. Reversed in part.
Court: Montana Supreme Court, Judge: Baker, Filed On: December 27, 2023, Case #: DA 22-0456, Categories: Wills / Probate, Attorney Fees
J. Baker finds the trial court properly ruled against the City of Austin, denying its jurisdictional plea in a personal injury suit filed by a citizen who fell into a tree grate on a city sidewalk. The city���s governmental immunity is waived because the citizen has properly raised a fact issue as to whether the city should have known about the tree grate���s condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: December 22, 2023, Case #: 03-23-00376-CV, Categories: Government, Premises Liability
J. Baker finds a lower court improperly disbarred a barrister of a law firm who spent six weeks in prison. The government argued that it properly jailed the barrister for failing to disclose that he represented a company in court, while holding the role as the company's partner. However, the barrister sufficiently showed in court that he purged all monies he made from his unlawful transactions. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: December 21, 2023, Case #: CA-2023-2368, Categories: Fraud, Attorney Discipline
J. Baker finds the trial court properly convicted defendant for murder, aggravated residential burglary, a terroristic act and terroristic threatening based on sufficient evidence. The victim's minor children informed a neighbor their mother had been shot during a home invasion robbery. Investigators found the victim had been shot 10 times, along with damage to the home including bullet holes in the walls and floors of the children's bedroom. The children and another witness identified defendant in various photo lineups. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: December 14, 2023, Case #: CR-22-619, Categories: Murder, Robbery, Terrorism
J. Baker denies, in part, a utility contractor���s motion to dismiss a traffic technician���s putative class labor claims and remands to superior court. The technician's claims related to minimum wages, wage statements, failure to timely pay and reimburse expenses, and unfair competition are not preempted.
Court: USDC Eastern District of California, Judge: Baker, Filed On: December 12, 2023, Case #: 1:23cv798, NOS: Labor/Management Relations - Labor, Categories: Class Action, Labor
J. Baker finds that the district court erred in finding that the heirs to an intestate estate had agreed to distribute a 1978 Ford pickup truck to one of the four heirs. Any oral agreement is insufficient to show that a written agreement was executed as required by statute. Also, the estate's personal representative was not obligated to put any oral agreement into writing. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: December 5, 2023, Case #: DA 23-0156, Categories: Wills / Probate
J. Baker finds that the district court properly revoked defendant's suspended sentence. He was not prejudiced by a six-day delay in bringing him before the district court for revocation proceedings because a previous appearance in justice court where he was informed of the revocation petition satisfied the prompt initial appearance requirement. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: December 5, 2023, Case #: DA 22-0325, Categories: Sentencing, Sex Offender