56 results for 'judge:"May"'.
J. May finds that the lower court properly held that the state, as employer, breached collective bargaining agreements by refusing to collect dues from member paychecks because the unambiguous written agreement requited the state to honor all authorization cards regardless of whether the cards were received before or during the 2017–2019 term. Affirmed.
Court: Iowa Supreme Court, Judge: May, Filed On: October 27, 2023, Case #: 22-0790, Categories: Civil Procedure, Labor / Unions
J. May finds that defendant was properly convicted of murder because defendant's contention that he only shot at and killed the victim while suffering a seizure was not supported by evidence indicating defendant knowingly committed the acts. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: October 26, 2023, Case #: 22A-CR-01241, Categories: Evidence, Murder
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J. May finds the lower court properly denied a group’s petition for review. A group filed suit challenging a county resolution that zoned farmland as an Economic Revitalization Area (ERA) and granted a company a tax abatement for construction of a solar facility. Though the group has standing as the development of the facility would decrease their property values, there is no error in the zoning and declaration of the farmland as an ERA. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: September 7, 2023, Case #: 22A-PL-1738, Categories: Constitution, Tax, Zoning
J. May finds the lower court properly denied a group’s petition for review. A group filed suit challenging a county resolution that zoned farmland as an Economic Revitalization Area (ERA) and granted a company a tax abatement for construction of a solar facility. Though the group has standing as the development of the facility would decrease their property values, there is no error in the zoning and declaration of the farmland as an ERA. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: September 7, 2023, Case #: 22A-PL-1732, Categories: Construction, Tax, Zoning
J. May finds the trial court improperly denied the insured party’s motion for a directed verdict as to this insurance dispute arising from repairs made to a ceiling fan which fell due to water seepage. Though there was a clear policy exception for coverage for water seepage occurring over time, the court erred in denying the motion for directed verdict on the initial burden of proof. The insured’s requested instructions which were denied did not accurately state applicable law, and the facts do not support the requested instruction. Affirmed in part. Reversed in part and remanded.
Court: Florida Courts Of Appeal, Judge: May, Filed On: August 30, 2023, Case #: 4D22-865, Categories: Insurance, Jury, Due Process
J. May finds that the trial court improperly ruled in claims brought by the homeowners association after residents removed 50 pavers from a common area and used them in their own driveway because the court awarded the association more than the fair market value. Reversed in part.
Court: Florida Courts Of Appeal, Judge: May, Filed On: August 23, 2023, Case #: 4D22-2830, Categories: Property, Damages, Conversion
J. May finds that the lower court properly declined to suppress evidence in defendant's trial for the juvenile equivalent of dangerous firearm possession because the police officer's stop and search of defendant was not unlawful. Meanwhile, the conviction was supported by the evidence and officer testimony. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: August 11, 2023, Case #: 22A-JV-3063, Categories: Firearms, Juvenile Law, Search
J. May finds that the trial court properly ruled regarding a commitment. The evidence showed that the individual was mentally ill and a danger to himself and others, and the trial court correctly found that his commitment should continue. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: August 8, 2023, Case #: 22A-MH-3071, Categories: Commitment
J. May finds that defendant was properly convicted of dealing a controlled substance that resulted in death. The trial court did not err by allowing evidence from a cellphone linked to the phone that was near the victim's body. In addition, the evidence presented showed that defendant gave the victim the drugs that caused his death. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: August 8, 2023, Case #: 22A-CR-2299, Categories: Drug Offender
J. May finds that the trial court properly declined to suppress evidence in a firearms action because the arresting officer did not violate defendant's rights upon initiating the stop since defendant committed a traffic infraction by walking along the highway. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: July 27, 2023, Case #: 22A-CR-2240, Categories: Firearms, Search
J. May finds that the trial court properly convicted defendant of DUI because the court did not make any errors, and defendant failed to preserve objections to jury selection. Affirmed.
Court: Florida Courts Of Appeal, Judge: May, Filed On: July 19, 2023, Case #: 4D22-1643, Categories: Jury, Dui
J. May finds that the lower court properly held that defendant violated probation and placed him in the custody of the department of corrections when the only residential facility did not have an immediate opening for him. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: June 28, 2023, Case #: 23A-JV-00011, Categories: Probation
J. May finds that the state utilities board properly authorized MidAmerican Energy to build certain electric transmission facilities against a property owner's objections because state code provides utilities statutory authority to run facilities within a public road right-of-way.
Court: Iowa Supreme Court, Judge: May, Filed On: June 16, 2023, Case #: 21-1788, Categories: Energy, Property, Agency
J. May finds that defendant was properly convicted of battery of a person less than 14-years-old because evidence indicates defendant held and physically restrained his son for over an hour in an unreasonable use of force. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: June 8, 2023, Case #: 22A-CR-2534, Categories: Evidence, Battery
J. May finds that an anti-aging company engaged in deceptive conduct and unfair practices by advertising and selling stem cell and exosome therapy to elderly customers in Iowa. The company did not have a constitutional right to a jury trial under the state consumer fraud act.
Court: Iowa Supreme Court, Judge: May, Filed On: May 26, 2023, Case #: 21-0831, Categories: Antitrust, Fraud, Business Practices
J. May finds that the trial court improperly convicted defendant of engaging in sexual misconduct with a patient because the victim did not meet the criteria to be defined as a "patient" under state statute. Reversed.
Court: Florida Courts Of Appeal, Judge: May, Filed On: May 24, 2023, Case #: 4D22-538, Categories: Sex Offender