94 results for 'judge:"Murphy "'.
J. Murphy grants Airbnb���s motion to compel arbitration against a host who listed his apartment for rent on the platform where it was subsequently damaged by a guest who barricaded himself inside the building, changed the locks, and took full control of the unit for months. The terms of service contain a valid arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: January 29, 2024, Case #: 2:23cv1379, NOS: Other Contract - Contract, Categories: Arbitration, Property, Damages
J. Murphy finds the trial court improperly denied the ex-wife's derivative loan collection claim. The parties were awarded 50 percent of a business the ex-husband had acquired during the marriage. The wife brought her action on breach of fiduciary duty and conversion claims based on the husband's having taken shareholder loans from the business. When the loans were made, the husband was the only shareholder, choosing to take part of his compensation as loans. Whether the wife received any benefit from this is irrelevant because the loans are from the business and will be repaid under the derivative action. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 24, 2024, Case #: CV-20-606, Categories: Family Law, Property, Banking / Lending
J. Murphy finds the lower court properly applied sentencing enhancements after defendant pleaded guilty to being a felon in possession of a firearm. His previous convictions for facilitation of aggravated robbery involved the use or threatened use of force and, therefore, qualified as violent felonies. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: January 23, 2024, Case #: 23-5082, Categories: Firearms, Robbery, Sentencing
J. Murphy finds the trial court properly found defendant guilty for breaking or entering. The victim's security video showed defendant exiting the victim's vehicle, from which he had removed the battery after noticing his keys were missing. The state presented sufficient evidence of criminal intent and not merely that defendant broke into the vehicle. The jury could reasonably infer defendant was preparing to steal the car, which would not start due to the removed battery. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 17, 2024, Case #: CR-22-614, Categories: Evidence, Theft, Jury Instructions
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J. Murphy finds the trial court did not violate defendant's Sixth Amendment right to a jury when it refused to empanel any jurors who were not fully vaccinated against Covid-19. Although a court cannot exclude groups of distinctive individuals, the exclusion of non-vaccinated jurors did not prejudice the jury against defendant and was a decision made to prevent any trial delays in the case of a Covid-19 outbreak. Meanwhile, the government's addition of two identity theft counts to defendant's indictment after he refused a plea agreement did not constitute vindictive prosecution that violated his due process rights. The charges were not used as a threat during negotiations, and defendant was free to accept or reject the plea at any time. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: January 8, 2024, Case #: 22-3835, Categories: Fraud, Jury, Identity Theft
J. Murphy finds that the lower court improperly denied defendant's motion to suppress a firearm as evidence during his trial that resulted in a conviction for unlawful possession of a machine gun. An officer arrested defendant and impounded his truck, leading to a search of the truck that uncovered the gun. The officer, however, lacked the needed "reasonable, non-pretextual community-caretaking rationale" that would have supported the decision to impound the truck. Therefore, any evidence found in the truck should have been suppressed. Reversed.
Court: 10th Circuit, Judge: Murphy, Filed On: December 15, 2023, Case #: 23-6071, Categories: Evidence, Firearms, Search
[Consolidated.] J. Murphy finds the lower court properly denied the inmate's petition for a writ of habeas corpus. Defense counsel's failure to initiate plea negotiations before his trial on charges that stemmed from a bank robbery did not prejudice him or constitute ineffective assistance. Furthermore, the attorney's failure to object to several questions directed at the inmate's mother during cross-examination and a mistake during closing arguments in which he misstated the inmate's height are insufficient to be considered ineffective assistance based on the overwhelming evidence of the inmate's guilt. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: December 13, 2023, Case #: 22-3386, Categories: Evidence, Habeas, Ineffective Assistance
J. Murphy finds the trial court properly convicted defendant for rape based on sufficient evidence. The victim, who was 7 years old at the time, complained to her 4th grade teacher that defendant, who she and her mother lived with, had regularly sexually assaulted her. Medical examination revealed certain physical injuries consistent with sexual assault. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: December 6, 2023, Case #: CR-23-186, Categories: Evidence, Sex Offender, Child Victims
J. Murphy finds the circuit court properly dismissed the heirs' claims contesting the validity of an amendment to their grandmother's will, in which she modified the will to leave everything to her grandson and administrator of the estate. The grandson was not aware of the amendment until after the grandmother's death, and the heirs fail to show evidence of coercion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: November 29, 2023, Case #: CV-22-150, Categories: Evidence, Wills / Probate
J. Murphy finds the lower court properly upheld defendant's 262-month sentence for his drug distribution conviction. Although its four-paragraph decision denying defendant's request for a reduced sentence under the First Step Act was not exhaustive, the court properly considered all required factors, including rehabilitation and prior criminal conduct, and the sentence was at the bottom of the sentencing range. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 28, 2023, Case #: 22-5845, Categories: Drug Offender, Sentencing
J. Murphy denies an insurance company's motion to dismiss this suit over its denial of coverage to an insured law firm that was found guilty of legal malpractice. While the insurance company repeatedly denied coverage more than four years ago ��� and claims this suit is barred by Pennsylvania���s four-year statute of limitations for breach of contract ��� the denial letters focused on misappropriation claims rather than the legal malpractice claims brought up here.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: November 16, 2023, Case #: 2:23cv397, NOS: Other Contract - Contract, Categories: Insurance, Jurisdiction, Contract
J. Murphy finds the trial court properly modified its custody order from sole custody of the children with the father to joint custody with the out-of-state mother. The father was hostile towards the mother and had attempted to interfere with the children's visitation with her. Though certain of the minor children were found to be socially awkward, with few or no friends due the father's homeschooling them, the court weighed this against concerns of removing the children from their home of nine years and from their father and siblings. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: November 15, 2023, Case #: CV-21-414, Categories: Family Law, Guardianship
J. Murphy finds there was sufficient evidence to prove the drugs sold by defendant to the two overdose victims caused their deaths, including toxicology reports and cell phone evidence that placed all three in the same area at the time the drugs were sold, as well as testimony the victims ingested no other drugs between the time of the sales and their times of death. Meanwhile, the "TraX" data admitted during trial as part of the government's expert witness testimony should not have been excluded for lack of reliability. Although that specific cell phone tracking software has not been peer-reviewed, the expert witness established a proper foundation and similar software is generally accepted in location tracking applications. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 9, 2023, Case #: 22-1431, Categories: Drug Offender, Evidence, Experts
J. Murphy finds the Kentucky Supreme Court properly denied a death row inmate's petition for habeas relief on his claim the jury conducted an improper experiment with the knife used during the commission of his break-in and murder. There is no clearly established law or ruling from the U.S. Supreme Court that renders such experiments unconstitutional. Defendant makes no claims of jury bias and points to no precedent regarding due process protections that would limit or ban the type of experiments with physical evidence conducted by the jury in this case. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: November 3, 2023, Case #: 17-5065, Categories: Habeas, Jury, Murder
J. Murphy finds the trial court properly found defendant guilty of multiple rapes of his step-granddaughter. The girl disclosed to her school counselor that defendant had repeatedly raped her, and her mother testified that her daughter was diagnosed with clinical anxiety between the ages of five and six. The child testified that when she was four or five, defendant performed oral sex on her while she watched Frosty the Snowman, among other events of oral and vaginal copulation. She described her experiences as painful, including that defendant told her to ���shut the fuck up and take it��� when she complained. Though certain testimony by another victim addressed instances from 30 years ago, this propensity evidence is subject to a ���pedophile exception��� allowing admittance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-22-392, Categories: Evidence, Sex Offender, Child Victims
J. Murphy finds the trial court improperly dismissed defendant���s petition for postconviction relief from his convictions for negligent homicide, unauthorized use of a vehicle and driving while intoxicated. The court erred in concluding it did not have jurisdiction due to a lack of an explicit assertion in the petition that defendant was in custody. There is nothing in the record to indicate that defendant was not in custody at the court���s entry of the order. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-23-82, Categories: Jurisdiction, Due Process, Negligent Homicide
J. Murphy finds the trial court properly convicted defendant for two counts of negligent homicide. Evidence including defendant���s toxicology report confirming the existence of meth and THC in his blood, as well as witness testimony captured on officer body cam that defendant swerved into the oncoming traffic lane, toward a truck, without slowing down, all support the convictions. The court���s allowing entry of defendant���s medical records did not violate the confrontation clause and defendant���s motion for directed verdict was properly denied. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-23-162, Categories: Evidence, Negligent Homicide
J. Murphy denies the coal mining company's petition for review of the administrative law judge's grant of black lung benefits to the surviving spouse of the miner. While the preamble to the Black Lung Benefits Act, which states coal mining can cause obstructive diseases, is not binding, the judge was entitled to rely on it to rebut evidence from the company's expert witnesses.
Court: 6th Circuit, Judge: Murphy, Filed On: October 31, 2023, Case #: 23-3709, Categories: Experts, Workers' Compensation, Labor
J. Murphy denies a Jewish group���s motion for summary judgment in this contract dispute case against a hotel it says failed to provide a proper venue for its annual Passover event, instead providing rooms filled with ���a deeply inundating smell of cat waste, plumbing issues, lack of water, sewage backups ... non-Kosher cooking utensils and cooking equipment, and inoperable telephones.��� A jury must determine what, if any, breaches of contract occurred between the parties.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: October 25, 2023, Case #: 5:22cv0811, NOS: Other Contract - Contract, Categories: Civil Procedure, Jury, Contract
J. Murphy finds the circuit court properly terminated the mother���s parental rights after a domestic dispute between the mother and her sister prompted a call to police. DHS became involved because the mother was homeless and under the influence of drugs. The mother was found to be noncompliant with her parole or the case plan, and had been arrested on new charges, with additional felony charges pending. She failed to appear in court and failed a drug screen. All evidence supports the best interest finding and termination. The mother���s attorney���s motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: October 25, 2023, Case #: CV-22-812, Categories: Evidence, Family Law, Guardianship
J. Murphy finds that the lower court properly convicted defendant of sexual abuse of a child. Defendant argues on appeal that the lower court improperly admitted testimony regarding child sexual abuse disclosures and that those testimonies injected prejudice against him during proceedings, but the testimony was relevant to the case and was helpful to the jury as they made their findings. The lower court, as a result, had every right to allow the challenged testimony during trial. Affirmed.
Court: 10th Circuit, Judge: Murphy , Filed On: October 24, 2023, Case #: 22-5056, Categories: Evidence, Sex Offender
J. Murphy finds the trial court properly denied defendant's motion to exclude the results of a search at his home. Although the affidavit submitted by police lacked sufficient evidence to establish probable cause, the officer who submitted the affidavit provided oral testimony that conclusively linked defendant to the residence and prevented application of the Fourth Amendment exclusionary rule. Although the magistrate that issued the warrant relied, in part, on his 25-year relationship with the officer to grant the warrant, his favorable opinion of the officer did not render the decision a "rubber stamp." Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: October 23, 2023, Case #: 22-3603, Categories: Drug Offender, Judiciary, Search