156 results for 'judge:"Moore"'.
J. Moore finds the county court properly granted summary judgment to the law firm in its case against a property manager who failed to fully pay fees and costs for various representation. The record shows the manager was given notice at every stage of the proceedings. He appeared at hearings, presented evidence and was not denied due process. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-334, Categories: Due Process, Contract
J. Moore finds the county court properly modified the divorce decree. Though the parties had originally agreed to a joint custody arrangement, the father sought modification alleging several changes in circumstance, including the mother's increased income and her allegedly ignoring certain joint custody obligations. The mother was given final medical and dental decision-making when the parties could not agree after reasonable discussion. After giving appropriate consideration to all testimony, the lower court properly found the father did not meet his burden to prove a change in circumstance warranting modification of custody. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-366, Categories: Evidence, Family Law, Guardianship
J. Moore finds that the veteran's court properly granted an appeal from an adverse decision regarding the caregiver program because veterans and caregivers had a right to dispute a decision that had been made based on the their inability to attend in-person evaluation. Affirmed.
Court: Federal Circuit, Judge: Moore, Filed On: February 27, 2024, Case #: 2022-1264, Categories: Veterans
J. Moore finds that defendant failed to preserve his claim that the trial court improperly allowed a prior domestic violence conviction to be introduced as propensity evidence at trial. Nonetheless, the admission was not an abuse of discretion, and even if it was error, it was not prejudicial. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 27, 2024, Case #: G063090, Categories: Evidence, Domestic Violence
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J. Moore finds trial court improperly admitted the test results from a TruNarc, a handheld narcotics analyzer, which an Irvine police officer testified about. The officer was not qualified to testify regarding the scientific principles of laser technology, as this was a new technique. Defendant’s conviction for simple possession carisoprodol must be reversed due to the improper evidence of the TruNarc. The trial court properly convicted defendant on two methamphetamine charges. Affirmed in part. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 23, 2024, Case #: G061764, Categories: Drug Offender, Evidence
J. Moore finds the county court properly convicted defendant by no-contest plea for sexual assault. Evidence and victim testimony shows defendant sexually assaulted his 14-year-old stepdaughter. Though the presentence report included police reports involving other events not at issue in the charge, the county court properly reviewed the report and sentenced defendant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 20, 2024, Case #: A-23-560, Categories: Sentencing, Sex Offender, Child Victims
J. Moore finds that the lower court improperly entered a divorce judgment that failed to comply with the statutory requirements, specifically as to the alimony awarded. The amended judgment did not indicate that "rehabilitation was not feasible, nor did it make any of the other findings that would justify awarding periodic alimony as opposed to rehabilitative alimony." Accordingly, the matter is remanded for the lower court to make the necessary findings. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: February 16, 2024, Case #: CL-2023-0511, Categories: Civil Procedure, Family Law
[Modified.] J. Moore finds the trial court erred in deciding to grant an anti-SLAPP motion. A company's press releases fall under the commercial speech exemption to the anti-SLAPP statute, so it must face a business partner's allegations that its press releases misrepresented and improperly disclosed the partner's confidential information. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 9, 2024, Case #: G061535, Categories: Anti-slapp
J. Moore allows plaintiff to continue claims contending the insurer failed to cover claims stemming from hail damage because issues of material fact remain as to whether the insurer violated the terms of its contract when appraisers allegedly concealed material facts about their interests in the damaged property.
Court: USDC Colorado, Judge: Moore, Filed On: February 2, 2024, Case #: 1:17cv949, NOS: Insurance - Contract, Categories: Insurance
J. Moore reverses the defendant's convictions for first-degree premeditated murder, attempted first-degree premeditated murder, first-degree felony murder while committing a kidnapping and kidnapping to commit great bodily harm or terrorize, but remands her case for further proceedings on the kidnapping and felony murder charges. The state has provided evidence sufficient to support a reasonable inference that the defendant knew that a fake house showing she set up with the murder victim, a realtor, on behalf of her romantic partner and his friends was a setup for a kidnapping and murder plot, but the circumstances proved also support a reasonable inference that she believed the end goal of her partner's plan was a less serious crime than premeditated murder. The circumstantial evidence used to support her convictions, therefore, was insufficient to sustain her convictions for first-degree premeditated murder and attempted first-degree premeditated murder under an aiding-and-abetting theory of liability. Additionally, the district court issued impermissible hybrid jury instructions, combining accomplice liability and the underlying elements into a single instruction which misstated the law by allowing the jury to convict the defendant of kidnapping without reaching the issue of liability under an aiding-and-abetting theory. These erroneous instructions were also not harmless. The defendant's other arguments regarding jury instructions and sufficiency of evidence fail. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: January 31, 2024, Case #: A22-0163, Categories: Murder, Kidnapping, Jury Instructions
[Consolidated.] J. Moore finds that the lower court properly ruled that the child at issue in these consolidated appeals "remained dependent as to the mother" and properly continued the mother's "supervised visitation with the child." Additionally, the foster parents' termination petition was properly denied, along with their petition for adoption. As to the father, the lower court erred in determining the child to be dependent as to him, and the case is accordingly remanded for further proceedings. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2022-1246, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly awarded rehabilitative alimony without making the express findings of fact required to support the award. Accordingly, the matter is due to be remanded. The court does not currently have jurisdiction over the husband's appeal, however, insofar as it pertains to the alimony in gross. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 31, 2024, Case #: CL-2023-0020, Categories: Civil Procedure, Family Law
J. Moore finds the county court properly denied the mother's request to relocate the child shared with her ex-husband. Though the mother had originally been given primary custody, this was modified to joint custody after the mother moved with the child out of state with her new husband. Though the county court incorrectly found that there was no legitimate reason for the move, being the mother's new husband had found a higher-paying job, the mother failed to show the move was in the best interest of the child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 30, 2024, Case #: A-23-257, Categories: Family Law, Due Process, Guardianship
J. Moore finds that the lower court improperly granted the state's request to deny defendant pretrial release based on charges of intent to distribute meth. The state's motion to deny bail was untimely, and that error affected defendant's substantial rights. Vacated.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 25, 2024, Case #: 231051, Categories: Drug Offender, Bail
J. Moore finds the juvenile court properly terminated the mother's parental rights to her two children. The children were originally removed after the mother was found intoxicated on a city bus and placed into a detox facility. There were also reports the mother had abused the children and left them unsupervised at a homeless shelter. Clear and convincing evidence shows the mother is unfit and that termination is in the children’s best interests. The termination also accords with all factors of state and federal Indian child welfare acts. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-23-377, Categories: Family Law, Native Americans, Guardianship
J. Moore finds the trial court properly denied defendant's motion seeking postconviction relief following an evidentiary hearing. Defendant was convicted for attempted murder for the shooting of his deceased (by suicide) cousin's surviving girlfriend. Ever-changing postconviction testimony of another cousin and defendant's brother regarding the identity of the shooter is not credible. Evidence presented in the evidentiary hearing cannot overcome the strength of the victim’s trial testimony identifying defendant as the shooter. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-22-869, Categories: Evidence, Murder, Due Process
J. Moore affirms the Court of Appeals' finding that the district court abused its discretion by granting the postconviction relief petitioner's petition. The petitioner's claim alleging false trial testimony is procedurally barred under a 1976 ruling which holds that all claims known, but not raised, at the time of a direct appeal cannot be considered in subsequent postconviction relief petitions. The district court's failure to make a determination as to whether the claim was barred under that rule, therefore, was an abuse of discretion. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: January 17, 2024, Case #: A21-1560, Categories: Criminal Procedure, Firearms
J. Moore finds the lower court properly denied the university officials' motion for sovereign immunity on claims filed by the university police officer. Although suits against states are barred when they seek retrospective relief, the expungement of records sought by the officer is prospective relief and allows the suit to proceed. Meanwhile, the officials' request for qualified immunity on First Amendment retaliation claims was also properly denied because the interview given to local media about the university's handling of a sexual assault allegation involved a matter of public concern and was conducted outside the scope of his ordinary duties; therefore, it was protected speech. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: January 9, 2024, Case #: 22-2057, Categories: Immunity, Employment Retaliation, First Amendment