58 results for 'judge:"Hudson "'.
J. Hudson finds that the trial court properly convicted defendant for murder. Any cumulative effect of errors did not deprive defendant of a fair trial. The charge of concealing stolen property is dismissed due to insufficient evidence. The sentence for meth possession is modified from 10 years in prison to 5 years. Affirmed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: September 21, 2023, Case #: 2023 OK CR 15, Categories: Murder, Sentencing, Weapons
J. Hudson affirms the defendant's conviction for felony domestic assault harm, finding that the state sufficiently proved that the defendant intended to cause harm to his victim, regardless of his claimed belief that his use of force was lawful. The use of force, furthermore, was not lawful self-defense since an "offense against the person" required to make an action self-defense must be an offense carrying the threat of bodily harm, and the district court's use of the word "assault" to describe such an offense in its jury instructions therefore did not change the meaning of the self-defense instruction. Affirmed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: August 23, 2023, Case #: A20-0361, Categories: Domestic Violence, Self Defense, Jury Instructions
J. Hudson suspends attorney Jeremy Kaschinske from the practice of law for a minimum of 60 days for failing to competently and diligently handle client matters, to communicate with and respond to communications from clients, to provide clients with information required for informed decision-making, to attend two court hearings with a client without notification or reasonable explanation and to expedite a client's matter, as well as for disclosing confidential communications to opposing counsel, making a knowingly false statement to a client about the status of that client's matter and failing to represent a client.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: August 17, 2023, Case #: A23-0820, Categories: Attorney Discipline
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hudson finds that the murder defendant's Sixth Amendment right to confrontation was not violated by the admission of the dying declaration of the murder victim, and that the district court did not err in finding that the defendant had waived his Fifth Amendment right to counsel when he began talking to police of his own volition, having had his Miranda rights repeated to him, after requesting counsel. There is also not a reasonable possibility that prior-bad-act evidence significantly affected the jury's verdict, even if it was erroneously admitted. Affirmed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: August 2, 2023, Case #: A22-0868, Categories: Confrontation, Miranda, Murder
J. Hudson grants the brother's motion to dismiss defamation claims. An attorney and his wife allegedly beat an employee and neighbor unconscious in a drunken rage one evening. After the employee sought charges, the couple took to Facebook to start a campaign claiming the employee was a liar. No evidence was given of the wife's brother contributing to the postings for him to be liable.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: August 2, 2023, Case #: 3:23cv17, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, Defamation, Assault
J. Hudson conditionally reinstates attorney William Winter to the practice of law following his 30-day suspension, subject to successful completion of a written examination on professional responsibility.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: July 19, 2023, Case #: A21, Categories: Attorney Discipline
In two conflicting opinion-dissents, separate majorities of the court led by J. Hudson and J. Chutich find that under a Minnesota Rule of Civil Procedure requiring that an "action" be filed within one year of commencement, filing of an "action" means filing of the summons and complaint with the court, but that the homeowner's association's filing of that summons and complaint as an exhibit to an affidavit included with a memorandum in support of its motion for appointment of a neutral umpire was sufficient to meet this requirement.
Court: Minnesota Supreme Court, Judge: Hudson; Chutich, Filed On: June 28, 2023, Case #: A21-0761, Categories: Civil Procedure, Insurance
J. Hudson grants the city's motion for sanctions. The husband hoping to sue the city and his ex-wife following a custody battle, emailed countless harassing, degrading and threatening emails to the ex-wife's counsel.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: June 28, 2023, Case #: 3:22cv745, NOS: Land Condemnation - Real Property, Categories: Malicious Prosecution, Sanctions, Due Process
J. Hudson suspends attorney Julie Bruggeman from the practice of law for a minimum of 90 days for representing clients with a conflict of interest, providing incompetent representation by naming an improper party as a defendant in a complaint and failing to properly serve defendants with the complaint, neglecting a matter, failing to communicate with clients, forging a client's signature on an affidavit filed with the court, making false statements to clients, failing to timely withdraw from representation, failing to provide clients with a copy of their file and to properly inform them regarding costs they would be responsible for, and fabricating documents and making false statements to the Director of the Office of Lawyers Professional Responsibility.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: June 23, 2023, Case #: A23-0671, Categories: Attorney Discipline
J. Hudson finds the county court improperly granted a temporary restraining order in this challenge to the validity of an emergency clause in the ���LEARNS��� Act as invalid and ineffective for failing to state facts sufficient to establish an emergency pursuant to the Arkansas Constitution, and its attempts to declare an emergency as to only some provisions rather than the Act as a whole. Fund expenditure claims under the transformation contract are monetary and not considered irreparable. Alleged harm from the nonrenewal of employment contracts and other related adverse effects can also be compensated by money damages or redressed in court. Reversed and remanded. Temporary restraining order vacated.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: June 15, 2023, Case #: CV-23-358, Categories: Constitution, Education, Contract
J. Hudson suspends attorney Donald Nemer from the practice of law for a minimum of 90 days with two years of probation for professional misconduct including failing to properly document a cash payment, failing to diligently represent a client and to communicate with the client, knowingly disobeying an instruction from the court, making knowingly false and misleading statements to the court, and failing to clearly communicate the basis or rate of his fee, among other allegations.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: June 14, 2023, Case #: A22-1836, Categories: Attorney Discipline
J. Hudson suspends attorney William Winter for a minimum of 30 days for engaging in explicit sexual conversations with a client, failing to recognize the conflict of interest those conversations created and attempting to engage in sexual relations with the client.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: June 14, 2023, Case #: A21-0831, Categories: Attorney Discipline
J. Hudson finds the circuit court properly denied the inmate���s petition for a writ of habeas corpus to reverse his 125-year prison sentence for possession of crack with intent to deliver. Defendant was charged as a habitual offender, putting the sentence within the authorized range. Defendant���s due process and trial error arguments do not implicate the validity of the judgment or the court���s jurisdiction. The circuit court did not clearly err in rejecting the petition. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: June 8, 2023, Case #: CV-22-662, Categories: Drug Offender, Habeas, Sentencing
J. Hudson grants summary judgment to the state troopers accused of wrongful death and excessive force charges. The troopers were within their rights to approach the immobilized vehicle armed following a high-speed chase over a speeding violation, leading to the deceased pulling out his firearm and, in turn being shot by the police.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: May 30, 2023, Case #: 3:22cv225, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death, Police Misconduct
J. Hudson suspends attorney Alejandro Espinosa from the practice of law indefinitely, with no minimum period of time before he can seek reinstatement, for neglecting a client matter, failing to communicate with a client's attorney-in-fact, failing to obey a court order and to respond to a court's attempts to communicate, and failing to cooperate with disciplinary investigations. While claims from the attorney's loved ones that he is suffering from dementia might, if true, warrant transfer to disability inactive status instead of a suspension, an inability to confirm these claims makes the court reluctant to do so sua sponte.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: May 30, 2023, Case #: A20-1288, Categories: Attorney Discipline
J. Hudson reinstates attorney Rachel Toberman to the practice of law following her 2012 suspension for failing to communicate with clients, return a client file and cooperate with a disciplinary investigation, along with engaging in a conflict of interest and making false statements during a disciplinary investigation.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: May 24, 2023, Case #: A22-0424, Categories: Attorney Discipline
J. Hudson reverses the court of appeals' finding that a plaintiff could not recover damages on an unjust enrichment claim because he was unable to prove the increase in value to a home attributable to cash payments he made for improvements. Regardless of the improvements' value, the plaintiff has proved the value of the payments he made.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: May 17, 2023, Case #: A21-1427, Categories: Property, Real Estate