142 results for 'filedAt:"2023-09-19"'.
J. Veljacic finds that the lower court properly ordered a new trial in a sexual assault dispute brought by a former patient of a child treatment center who alleges she was abused by a counselor. The move for a new trial came after it was revealed that one of the jurors had not released important information regarding their legal history during voir dire. Because the information related directly to the case and child protective service issues, it was a lack of transparency that well supported a new trial. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: September 19, 2023, Case #: 53826-1-II, Categories: Civil Rights, Jury, Negligence
J. LaGrua finds that the trial court improperly denied the individual's motion for costs on his mandamus claim against the probate judge arising after the judge rejected his weapons carry license application based on his criminal history and lack of good character. The probate judge waived judicial immunity for the individual's costs and fees claim against him in his official capacity. Recovery of costs, including attorney fees, against a probate judge under the statute does not violate the separation of powers provision of the Georgia Constitution because processing a weapons carry license does not involve the exercise of judicial power. The trial court correctly found that the legislature waived sovereign immunity when it enacted the statute setting out the procedure for processing weapons carry license applications. The statute authorizes a cause of action against a public official for denying an application. Reversed in part.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: September 19, 2023, Case #: S23A0631, Categories: Judiciary, Firearms, Attorney Fees
J. McKinnon holds that the trial court properly sentenced defendant to 50 years, with 15 suspended, for aggravated kidnapping, rape and partner assault. The constitution requires a trial court to present aggravating sentencing factors to a jury, but not mitigating factors. Also, defendant's level three sexual offender designation was supported by abundant evidence, and his trial counsel's performance was not insufficient. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: September 19, 2023, Case #: DA 21-0202, Categories: Sentencing, Sex Offender, Kidnapping
J. Stearns denies a business manufacturing company's motion to stay this lawsuit, brought against it by an aluminum supplier, until there is an outcome to the business manufacturer's lawsuit against the aluminum supplier in the Supreme Court of British Columbia. The two lawsuits differ enough that they can both occur simultaneously.
Court: USDC Massachusetts, Judge: Stearns, Filed On: September 19, 2023, Case #: 1:23cv11431, NOS: Other Contract - Contract, Categories: Business Practices, Warranty, Contract
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J. Torresen grants a former defendant's motion for judgment as a matter of law against an individual who previously sued her for breach of contract and promissory estoppel. A jury granted the individual $0.00 for her breach of contract claim and she argues that this is because the jury planned to award her damages for promissory estoppel, but because her contract claim and promissory estoppel claim were both based on a contract, a promissory estoppel claim doesn't apply.
Court: USDC Maine, Judge: Torresen, Filed On: September 19, 2023, Case #: 2:21cv107, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Jury, Damages, Contract
J. Rickman finds that the trial court improperly denied defendant's motion to suppress evidence found during a search of his apartment which led to his firearm possession and possession of marijuana with intent to distribute charges. The initial entry by police officers into defendant's apartment to perform a "security sweep" was unlawful, therefore the evidence stemming from their search was unlawfully obtained. Defendant did not give consent for officers to enter and there was no evidence that defendant's apartment harbored a person posing a danger to others on the scene. Defendant's eventual consent to the search was only given after the unlawful entry. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: September 19, 2023, Case #: A23A1026, Categories: Drug Offender, Firearms, Search
J. LaGrua finds that the appeals court improperly upheld the trial court's dismissal of the printing company's inverse condemnation action against the county arising after stormwater runoff caused a sinkhole on its property. The appeals court incorrectly found that there was only one harm which was immediately observable to the company when the permanent nuisance--a drainage system associated with a road expansion project---was completed. The appeals court failed to accept as true the company's allegations that the harms were hidden from its view until the sinkhole was discovered. The appeals court also incorrectly found that the four-year statute of limitation had run on the company's claim as a matter of law. Reversed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: September 19, 2023, Case #: S22G0874, Categories: Property
Per curiam, the Supreme Court of Ohio denies a teacher's request to compel the production of documents related to an incident of suspected child abuse because there is no indication the call screen log was ever produced by the police department during the investigation into another teacher at the school. Meanwhile, the petitioner is not entitled to statutory damages under the Ohio Public Records Act because the initial redactions in the records were made to protect the identity of a possible suspect.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 19, 2023, Case #: 2023-Ohio-3285, Categories: Government, Public Record, Damages
J. McMillian finds that the trial court properly dismissed defendant's pro se motion to withdraw his guilty plea to murder. The term of court in which defendant entered his guilty plea expired before his motions to withdraw were filed. Defendant's life sentence is not void. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: September 19, 2023, Case #: S23A0522, Categories: Murder, Plea
J. McAvoy dismisses an inmate's remaining due process claims alleging a group of New York State parole officers submitted perjured testimony at his parole hearing, which resulted in his parole being revoked and his subsequent return to jail. Despite his arguments to the contrary, the inmate's claims attempt to invalidate his conviction or the parole board's decision to revoke his parole, which is prohibited under Section 1983.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 19, 2023, Case #: 5:21cv1098, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Police Misconduct, Prisoners' Rights
J. LaGrua finds that the appeals court improperly upheld the trial court's order overturning a tax tribunal's findings and ruling that revenues generated from the lease of coin-operated amusement machines are not included in the statute's sales tax exemption. The decision arose after the machine lessee challenged an assessment for the value of unpaid taxes. Revenue generated from the lease of coin operated amusement machines qualifies as gross revenue exempt from taxation under the statute. The statutory language applies to both revenues generated from the lease of the machines and revenues generated from the participation plays of the machines. Reversed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: September 19, 2023, Case #: S22G1247, Categories: Tax
J. Segal finds that the trial court improperly dismissed a hospital's claim that an insurer violated the Hospital Lien Act by writing a check for a settlement amount that was payable to both the patient and the hospital. The Act requires an insurer that recovers from third-party tortfeasor to first satisfy the hospital's lien for treatment before paying the patient. Reversed.
Court: California Courts Of Appeal, Judge: Segal, Filed On: September 19, 2023, Case #: B321876, Categories: Health Care, Insurance
J. Bassett finds that the lower court improperly granted a maternal grandfather's request for grandparent visitation. A grandparent lacks standing to petition for visitation unless the only condition that led to them seeking visitation is a divorce, death, end of parental rights, or other absence of a nuclear family. In this case, the grandfather's access to his grandchildren was restricted because of conflicts between the grandfather and his daughter prior to her divorce. Reversed.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: September 19, 2023, Case #: 2021-0587, Categories: Family Law, Guardianship
J. Bethel finds that the trial court properly convicted defendant of murder and other offenses. Autopsy photos and pictures of the victim's gunshot wounds which were admitted into evidence were not unduly prejudicial to defendant. Although many of the pictures are gruesome, they rebutted defendant's claim of self-defense by showing defendant's efforts to conceal his act of shooting and killing the victim. The trial court did not commit any error by failing to recharge the jury on the lesser offenses of voluntary and involuntary manslaughter when it recharged on malice and felony murder. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: September 19, 2023, Case #: A23A0433, Categories: Ineffective Assistance, Murder
J. Boasberg dismisses a research firm's claims against a group of attorneys and law firms in connection with $30,000 in research done into potential bias in the D.C. jury pool for the Proud Boys' trial that it was allegedly never paid. The firm fails to state a claim for copyright infringement, and the remaining claims are state law-based.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: September 19, 2023, Case #: 1:23cv523, NOS: Copyrights - Property Rights, Categories: Copyright, Jurisdiction, Contract
J. Casper dismisses the insured company's suit against the insurance company because the insurance company's policy clearly states that it does not cover damages from a dishonored check unless it was issued by its insured, its insured's agent, or by someone impersonating its insured or its insured's agent, which is not the case here.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 19, 2023, Case #: 1:22cv11980, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Moore finds the juvenile court properly terminated the father's parental rights. The record shows that the father’s reintroduction into the children’s lives upon his release from prison would require therapy and interventions, as there is no bond between them. His plan to live with his father would limit his ability to regain custody as the home has not been approved for placement due to his father's criminal history. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: September 19, 2023, Case #: A-23-154, Categories: Family Law
J. Moore finds the trial court properly convicted defendant by plea agreement for contributing to the delinquency of a child and procuring alcohol for a minor. Defendant sent Facebook messages requesting to be reimbursed for alcohol and marijuana to the mother of the 15-year-old and 12-year-old for whom he made the purchases. The messages included videos of him drinking and smoking with the minors, evidence that supports the conviction. Defendant’s plea was made knowingly and voluntarily, and the record is insufficient to resolve the claim of ineffective assistance for counsel's failing to depose specific witnesses. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: September 19, 2023, Case #: A-23-345, Categories: Drug Offender, Evidence, Child Victims
J. Thomson finds that the lower court improperly denied a citizen's motion to enforce a previous judgment entered against the prosecutor in a Sunshine Law suit. The prosecutor never asserted its right to impose costs for its responses to the citizen's requests, and cannot now condition its obligation to search for and produce records on a payment of fees and costs. Reversed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: September 19, 2023, Case #: WD85703, Categories: Public Record
J. Hruz finds the circuit court properly denied the state's motion to dismiss a civil forfeiture action brought against the citizen seeking seizure of a pole barn and other real estate he allegedly used to sell drugs. Contrary to the argument that the circuit court lost competency to handle the forfeiture action because it did not hold a hearing within 60 days of the citizen's answer to the state's complaint, the relevant statute automatically adjourns forfeiture actions until after a defendant is convicted of a crime related to the basis for the seizure of property. Therefore, the 60-day hearing deadline in the statutes cannot reasonably begin until after such a conviction, and that deadline had not begun for the citizen because he had not been convicted of any of the underlying drug felonies related to the seizure as plea negotiations were ongoing. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Hruz, Filed On: September 19, 2023, Case #: 2021AP001849, Categories: Civil Procedure, Forfeiture
J. Edmondson recasts the appeal and requested extraordinary relief as an original jurisdiction supervisory proceeding with an application to assume original jurisdiction and a request for a writ of mandamus. The Oklahoma Supreme Court assumes original jurisdiction and issues the writ ordering the assigned judge in the district court to conduct a hearing on the motion to dismiss that was filed pursuant to the Oklahoma Citizens Participation Act. The district court's order denying the motion to dismiss as by operation of law is vacated with directions.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: September 19, 2023, Case #: 121230, Categories: Administrative Law, Jurisdiction
J. Stadtmueller partially grants the third-party industrial equipment firm's motion in limine to block evidence at trial supporting the freezer manufacturer's tort and indemnification claims against it in the frozen pizza company's lawsuit over blast freezers the manufacturer provided that did not meet specifications. The manufacturer has failed to bring a viable contribution claim showing a "common obligation" in their separate contractual relationships with the frozen pizza company, so evidence related to that claim is barred, but the manufacturer's equitable indemnification claim has support and will move forward.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 19, 2023, Case #: 2:21cv516, NOS: Other Contract - Contract, Categories: Tort, Indemnification, Contract