80 results for 'judge:"Walker"'.
J. Walker finds the lower court properly denied the defendant's motion to suppress evidence stemming from the execution of a search warrant. The police had probable cause to search his residence because an accomplice to his firearms and drug selling told them they would find a plethora of evidence at his house following a post-arrest interview. Affirmed.
Court: 4th Circuit, Judge: Walker, Filed On: January 25, 2024, Case #: 22-4088, Categories: Drug Offender, Evidence, Firearms
J. Walker finds that the court of appeals should have upheld defendant's conviction for committing sexual assault by penetrating the victim's sexual organ with his sexual organ because any error as to whether penetration occurred with defendant's sex organ or his mouth did not rise to the level of egregious harm. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Walker, Filed On: December 20, 2023, Case #: PD-0918-20, Categories: Sex Offender
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J. Walker finds that the lower court improperly granted the landlord's motion to quash service of process. The tenant exercised reasonable diligence in its attempt to serve the landlord, and nothing in the law requires the tenant to seek out the new location of the registered agent once the agent moves from the address filed with the state. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: December 15, 2023, Case #: 220549, Categories: Civil Procedure, Landlord Tenant
J. Walker vacates the lower court's orders terminating the rights of the Kanawha County father to his four children. The judge erred by not following the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings and related statutes to make specific findings for disposition of each child and as to whether the father has been given an opportunity to correct the conditions that created their abuse and neglect. Vacated.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 22-623, Categories: Family Law, Government
J. Walker finds that the Workers’ Compensation Board of Review properly denied a medical supplies deliverer’s application for workers’ compensation after he sprained his knee while descending a short set of stairs during a delivery. He was injured while working, but could not show that his work caused the injury, notably because he did not slip, trip or fall, and had not been carrying supplies when the injury happened; he had already dropped off the delivery. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 21-754, Categories: Tort, Premises Liability, Workers' Compensation
J. Walker answers the certified question from the Kanawha County Circuit Court, "Whether parties who are dismissed from an action brought under the Medical Professional Liability Act (MPLA), but who did not settle their claims with the plaintiff may be considered by the jury in apportioning fault under West Virginia Code § 55-7B-9(b) (2016)?" The judge reformulates the question "whether a healthcare provider who was named in the complaint but voluntarily dismissed as a party is an 'alleged party' for purposes of West Virginia Code § 55-7B-9(b)?" and answers in the affirmative.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 22-567, Categories: Civil Procedure, Health Care, Medical Malpractice
J. Walker affirms the lower court's orders dismissing the Hampshire County Sheriff deputy's 2019 civil suit accusing a West Virginia state trooper and two county prosecutors of conspiring to prosecute him in 2017 on charges of domestic assault and domestic battery on which he was later acquitted. There is no error in the suit's dismissal since prosecutors have absolute immunity in civil cases, and the deputy's claims against the trooper for civil conspiracy and abuse of process have no support beyond his claim for malicious prosecution. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 22-0111, Categories: Government, Malicious Prosecution, Immunity
J. Walker reverses the lower court's order dismissing defendant's appeal of his 2019 no-contest plea to obstructing an officer from Monongalia Magistrate Court stemming from his arrest on July 31, 2019, for disrupting a West Virginia University Board of Governor's meeting. Absent certain exceptions as specified in state code, appeals from magistrate court are de novo, so the judge erred by failing to entertain the appeal and rule on the merits of the case. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker , Filed On: November 7, 2023, Case #: 21-972, Categories: Criminal Procedure, Obstruction, Trespass
[Consolidated] J. Walker affirms the lower court's amended sentencing order following defendant's claim that the original sentence imposed following his conviction for counts of sexual abuse constituted an ex post facto violation. Defendant argued portions of the law were harsher during his 2021 trial than when we was accused of committing the acts from 1998 through 2003. Defendant cannot demonstrate how his rights were "substantially affected" by the trial judge's instructions to the jury since he committed no plain error in making them, and defendant failed to preserve an objection to those instructions since those he submitted "did not meaningfully deviate from those in the standard charge."
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 1, 2023, Case #: 21-0969, Categories: Ex Post Facto, Sentencing, Sex Offender
J. Walker denies two veterinary companies’ motion to refer questions to the register of copyright who registered one of a software company’s products. The veterinary companies fail to be persuasive that referring their questions to the register would have any beneficial impact on the litigation.
Court: USDC Maine, Judge: Walker, Filed On: October 2, 2023, Case #: 2:21cv97, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Walker finds that the lower court properly dismissed the debtor's due process claims stemming from the lender's service of process in its attempt to collect on a debt. The debtor participated in this litigation for years without raising any objections to jurisdiction, indicating he waived his objections.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 29, 2023, Case #: 220067, Categories: Debt Collection, Due Process
J. Walker finds that the lower court improperly awarded the petitioner $55,000 in attorney fees pursuant to a statutory lien. The attorney could not claim a lien on the settlement proceeds because the plaintiffs did not hire him to represent them. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 27, 2023, Case #: 211323, Categories: Tort, Attorney Fees
J. Walker denies the company that franchises tax return preparation businesses' motion for an injunction prohibiting a former franchisee from operating a tax business within 25 miles of the company's franchises. The company alleges that since the former franchisee terminated the franchise agreement the former franchisee has yet to return the list of clients and other valuable information to the company. The company failed to show that it would suffer irreparable harm absent the injunction.
Court: USDC Eastern District of Virginia, Judge: Walker, Filed On: September 27, 2023, Case #: 2:22cv383, NOS: Franchise - Contract, Categories: Tax, Contract, Injunction
J. Walker finds the lower court properly convicted and sentenced defendant for threatening to assault and murder prominent elected officials after the 2020 presidential election. In a video posted to the platform BitChute, defendant urged viewers to "slaughter" members of the U.S. Congress, which was a “true threat . . . to murder.” The evidence is sufficient to support the conviction and the jury was given proper instructions. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: September 20, 2023, Case #: 21-3020, Categories: Sentencing, Threats, Jury Instructions
J. Walker finds that the district court properly dismissed sexual harassment and retaliation claims a nurse brought against a hospital based on forged text messages, but improperly sanctioned counsel for the nurse. Sanctions terminating the case were properly imposed due to the nurse's failure to preserve her iPhones and phone data, but an explicit finding of bad faith had not been made before sanctions were imposed against her attorney and his firm. Affirmed in part.
Court: 2nd Circuit, Judge: Walker, Filed On: August 28, 2023, Case #: 21-2084-cv, Categories: Evidence, Sanctions, Employment Retaliation
J. Walker vacates defendant's 60-day prison sentence and three years probation following his guilty plea to the petty offense related to his rioting inside the Capitol. Although the district court could choose to sentence him to a prison term, fine him or both, or, alternatively, sentence him to probation without a fine, it could not "mix and match those options." Vacated.
Court: DC Circuit, Judge: Walker, Filed On: August 18, 2023, Case #: 22-3018 , Categories: Sentencing
J. Walker finds that the district court properly denied defendant ineffective assistance relief seeking to vacate his guilty plea because denaturalization was not a direct consequence of conviction for conspiring to launder money to aid mujahideen in Afghanistan while applying for citizenship, and thus counsel was not required to warn of that risk. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: August 11, 2023, Case #: 20-1666, Categories: Immigration, Ineffective Assistance
J. Walker finds that the district court properly resentenced defendant after he violated terms of his supervised release by being arrested for possessing marijuana. Although defendant argued the possession count was not statutorily a state "crime" but merely a "violation," it remained a crime under federal law. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: August 8, 2023, Case #: 22-1080-cr, Categories: Drug Offender, Parole
[Consolidated.] J. Walker denies two transmission owners and a utility company's petitions for review of the Federal Energy Regulatory Commission's approval a change to a transmission-funding regime. The commission considered the appropriate factors and created a fair regime by allowing participants to work together to choose and fund new projects.
Court: DC Circuit, Judge: Walker, Filed On: August 1, 2023, Case #: 22-1221 , Categories: Administrative Law, Energy
J. Walker grants in part a large online retailer's motion to dismiss copyright claims brought against it and other large companies by an artist for failing to prevent foreign counterfeiters from using her copyright registered photographs in the companies' online marketplaces to sell knockoffs of her designs. The fact that the companies provide technology that can be used to infringe copyrights doesn't automatically make them liable for any copyright infringement using their technology if that technology can also be used, and usually is used, for activities that don't infringe on copyrights. However, the large online retailer may be liable for its failure to ensure that counterfeiters did not continue to infringe on the artist's copyrights after she reported them and the retailer initially removed their counterfeit content.
Court: USDC Maine, Judge: Walker, Filed On: July 28, 2023, Case #: 2:22cv284, NOS: Copyrights - Property Rights, Categories: Copyright, Technology