50 results for 'judge:"Hixson "'.
J. Hixson finds that the Arkansas Board of Review properly required the benefits recipient to repay $18,279 in overpaid unemployment benefits. The recipient was found to have been absent from work and failed to properly notify the employer. However, the decision that pandemic assistance benefits must also be repaid is remanded for further proceedings. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 27, 2023, Case #: E-22-344, Categories: Employment, Covid-19, Workers' Compensation
J. Hixson finds that the trial court properly revoked defendant's suspended sentence on his negotiated plea for felony failure to appear and sentenced him to 6 years in prison. Defendant was arrested for possession of crack and theft of property. The arresting officer testified that after receiving a call about a theft at O'Reilly's Auto Parts, he encountered defendant, who matched the description, and found cocaine on his person after a search. Tools stolen from O'Reilly's were later found nearby. The officer saw no other person in the area, and the evidence supports the conviction for theft. The state doesn't need to prove more than one offense, with the standard for revocation being that it is more likely than not that the offense occurred. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 27, 2023, Case #: CR-23-60, Categories: Drug Offender, Probation, Theft
J. Hixson finds the lower court properly denied defendant���s motion for a new trial. Defendant was convicted of vehicular homicide by intoxication and driving under the influence (DUI), for crashing into another vehicle when he crossed the centerline of a road into oncoming traffic, killing the driver. Blood samples taken from defendant after the crash indicate that he was high on fentanyl when the crash occurred. Defendant argues that he was denied his right to confrontation because the lower court allowed a State���s witness to testify via Zoom, but the instant court finds the Zoom testimony did not prejudice defendant, and it was only utilized because the witness tested positive with Covid-19 and was contagious. Evidence is sufficient to support defendant���s convictions and 12-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 25, 2023, Case #: M2022-00949-CCA-R3-CD, Categories: Evidence, Dui, Vehicular Homicide
J. Hixson finds the lower court properly revoked defendant���s probation. Defendant pleaded guilty to two counts of domestic assault and one count of aggravated assault and received an effective 10-year sentence to be served on supervised probation, but violated the terms of his probation multiple times. On his fourth violation for failing to report and being arrested for domestic assault, the lower court revoked defendant���s probation and ordered him to serve the remainder of his sentence incarcerated. The instant court finds no error or abuse of discretion in the lower court���s actions. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 22, 2023, Case #: M2022-00948-CCA-R3-CD, Categories: Probation, Sentencing, Assault
J. Hixson finds the trial court properly denied the grandparents and emergency coguardians of their daughter���s child���s motion to disqualify their daughter's attorney. The attorney worked in a law firm with a now deceased lawyer who represented the grandparents against their daughter in the initial guardianship proceedings and was responsible for disposing of his files. The trial court found the attorney���s testimony showing a lack of knowledge of confidential information was credible, and the grandparents��� evidence failed to show the attorney gained knowledge of any information that would jeopardize the trial���s integrity. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: September 21, 2023, Case #: 120831, Categories: Family Law, Guardianship
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J. Hixson finds the trial court improperly denied the property buyer���s motion for new trial after determining that the contract for deed was unenforceable being that only the seller had signed it. The contract was signed by the seller and, so, is enforceable against her according to Oklahoma title statutes. The fact that the buyer did not execute the agreement does render it invalid. Being the contract is enforceable, it granted equitable title to the buyer, making a constructive mortgage in favor of the seller. The buyer then defaulted, and the court properly granted judgment in favor of the seller on her breach of contract claim. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: September 21, 2023, Case #: 120300, Categories: Property, Contract
J. Hixson finds the workers' compensation commission properly awarded additional medical benefits to the McDonald's cook who received certain benefits and a brief period of temporary total disability for a back injury. The additional benefits include all treatment set forth in evidence, as well as a back surgery recommended by the doctor. The commission concluded that a position of limited duration held by the cook, consisting of meal preparation and medical administration for his sick uncle, did not disqualify him from benefits in light of his testimony and other evidence. The employee is unable to perform remunerative labor with reasonable consistency and without pain. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 20, 2023, Case #: CV-22-640, Categories: Employment, Workers' Compensation
J. Hixson finds the circuit court properly found that the postnuptial agreement, executed after the couple's second divorce, was valid and enforceable, and also properly divided the couple's property. Both parties retained experts who gave conflicting testimony. After having the benefit of hearing that testimony and being able to review the voluminous financial records, the circuit court agreed with the husband's expert. Arkansas appellate courts give due deference to the circuit court���s superior position to determine the credibility of witnesses and the weight to be given testimony. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 13, 2023, Case #: CV-20-752, Categories: Family Law, Property, Experts
J. Hixson finds the circuit court properly terminated both parents' rights to their minor children. DHS originally became involved with the family when one of the children tested positive for THC at birth. The children remained in the family home while DHS offered services, including random visits and drug screens. DHS exercised a seventy-two-hour hold on the children due to the parents' continued drug use, finding head lice and bed bugs on the children at a medical checkup. The parents' behaviors over the course of the case does not show enough stability to render the court���s finding of potential harm clearly erroneous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 6, 2023, Case #: CV-23-11, Categories: Evidence, Family Law, Guardianship
J. Hixson finds the trial court properly entered summary judgment against the trucking company in this suit alleging fraud, awarding a judgment of $96,000 against the company. The court determined that the judgment awarded against the non-party trucking company could be enforced under an alter ego theory of liability after the non-party ceased operations, with the company party to the suit maintaining the same customers. Undisputed material facts establish that the newly formed company is an instrumentality of the dissolved company ��� effectively the same entity with a different name. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: August 10, 2023, Case #: 120922, Categories: Fraud, Transportation, Damages
J. Hixson finds the lower court properly convicted defendant of first degree premeditated murder for shooting a man in the back, killing him. Defendant���s argument regarding the validity of the search warrant used to search his residence is waived because he failed to properly argue the matter before the trial court. Evidence is sufficient to support his conviction and sentence of life imprisonment. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: August 9, 2023, Case #: E2022-00207-CCA-R3-CD, Categories: Evidence, Murder, Search
J. Hixson declines to find in favor of San Francisco on a former emergency services employee���s gender harassment claims. The employee alleges, among other things, that her supervisor constantly called her and other female workers ���minions��� and that co-workers called her lazy and ditzy during her pregnancy. There is sufficient evidence from these allegations to infer gender bias. The employee can also pursue her FMLA interference claim alleging that the city retaliated against her decision to take FMLA leave by transferring her to a station with less desirable hours.
Court: USDC Northern District of California, Judge: Hixson, Filed On: July 13, 2023, Case #: 3:21cv2819, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Hixson finds the lower court improperly determined the amount of restitution. Defendant was convicted of aggravated assault and being a convicted felon in possession of a firearm for pistol whipping and shooting a co-worker multiple times over an argument about a broken machine. Defendant received an effective 45-year sentence and was ordered to pay restitution in the amount of $25,474. The lower court improperly evaluated defendant���s ability to pay the restitution, was incorrect in its statement that defendant would be able to convert the restitution to a civil judgment after a year, and evidence is insufficient to support the amount of restitution ordered by the lower court. The matter is remanded for a new restitution hearing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: June 29, 2023, Case #: W2022-00656-CCA-R3-CD, Categories: Firearms, Assault, Restitution
J. Hixson allows some discrimination claims to continue from a former teacher of Hebrew at the Deference Language Institute who says he was denied positions due to his race and religion. While several of his claims relating to conduct taking place before summer of 2021 are dismissed for being too vague, claims based on instances later in the year where two white, secular employees were given positions over him despite being less qualified can proceed.
Court: USDC Northern District of California, Judge: Hixson, Filed On: June 26, 2023, Case #: 3:22cv4365, NOS: Fair Labor Standards Act - Labor, Categories: Employment Discrimination
J. Hixson finds the lower court properly denied defendant���s petition for post-conviction relief. Defendant pleaded guilty to second degree murder and received a 45-year sentence to be served in its entirety. Though defendant argues trial counsel's failure to file a motion to suppress his confession to the county sheriff was a deficiency in his representation, the lower court found it was not, and that trial counsel did not file based on his analysis that defedant's confession was properly handled by police. The instant court finds no error in the lower court���s decision, and defendant���s claim of ineffective assistance of trial counsel is without merit as he was properly represented. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: June 5, 2023, Case #: W2022-00642-CCA-R3-PC, Categories: Evidence, Ineffective Assistance, Murder
J. Hixson finds the trial court properly convicted defendant for aggravated assault on a family or household member, terroristic threatening and domestic battering. His wife testified that he choked her unconscious for being unable to find him a pair of socks, stating during the attack that he would kill her and their son if she left him. After the attack defendant would not let her leave the house with both children at the same time. In his motion for directed verdict, defendant���s counsel stated, ���On the charge of domestic battery ��� there���s been insufficient evidence ��� to show that [defendant] caused ��� injury��� to the victim intentionally.He fails to argue that his proposed ���extreme stress��� negated purposeful intent. This argument is also conclusory and without citation to supporting authority. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: May 24, 2023, Case #: CR-22-258, Categories: Evidence, Assault, Domestic Violence