156 results for 'filedAt:"2023-10-04"'.
J. Klappenbach finds the trial court properly convicted defendant for possession of meth and drug paraphernalia within 1,000 feet of a church. The arresting officer testified that a controlled buy of meth at defendant’s residence, where a confidential informant was fitted with a video-recording device, yielded $100 worth of meth. Ample evidence presented supports the convictions. Defendant’s acquittal on the drug possession with the purpose to deliver charge did not foreclose convictions for possession of paraphernalia. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CR-22-667, Categories: Drug Offender, Evidence, Due Process
J. Chatigny denies the nursing homes' motion for a preliminary injunction, ruling alleged defects in the appointment of the administrative law judge over the NLRB's enforcement proceedings are insufficient to warrant the judge's removal from the case, which began over a decade ago and is nearly at its conclusion.
Court: USDC Connecticut, Judge: Chatigny, Filed On: October 4, 2023, Case #: 3:23cv831, NOS: Other Statutory Actions - Other Suits, Categories: Judiciary, Labor / Unions, Injunction
J. Garcia finds that the lower court improperly denied the special appearance filed by one of the appellants in this lawsuit alleging violations of the Texas Uniform Trade Secrets Act because "there is no specific personal jurisdiction over this Oregon company." The denials were appropriate as to the other appellants, however, as they "purposefully availed themselves of the privilege of conducting business in Texas." Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: October 4, 2023, Case #: 05-23-00008-CV, Categories: Trade Secrets, Jurisdiction
Per curiam, the Ninth District denies defendant’s petitions for mandamus to compel the trial court to provide a copy of one of his previous applications for a writ of habeas corpus — which he says the Court of Criminal Appeals denied without a written order — to appoint counsel, and to hold a hearing on issues presented in the application for a writ of habeas corpus. The trial court’s general jurisdiction over the case expired decades ago. Defendant does not direct the court of appeals to a new motion that he has properly filed, nor does he explain why the trial court has a ministerial duty at this time to appoint counsel, to hold a hearing or to provide copies of a previous habeas application so that he may refile it.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 4, 2023, Case #: 09-23-00298-CR, Categories: Habeas, Jurisdiction
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J. Barrett finds the circuit court properly refused to terminate the ex-husband’s monthly alimony obligation to his ex-wife. The husband had recently purchased a new home and the court properly considered all alimony factors, also recognizing his decreased ability to pay while still recognizing the wife’s need for alimony due to her health conditions and limited ability to work. The decision to decrease but not terminate alimony was not an abuse of discretion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 4, 2023, Case #: CV-22-410, Categories: Family Law, Health Care, Contract
J. Wilson finds that the district court properly rejected conspiracy and breach of contract claims brought by the superintendent in a wrongful termination and civil rights action against the city board of education and board members. The superintendent failed to sufficiently allege a conspiracy and failed to plead an exception to sovereign immunity with respect to the contract claims. However, the district court improperly dismissed the superintendent's due process claim. The district court incorrectly interpreted ambiguities in the minutes of the meeting where board members voted to terminate the superintendent's contract and failed to draw reasonable inferences in her favor. Reversed in part.
Court: 11th Circuit, Judge: Wilson, Filed On: October 4, 2023, Case #: 22-10858, Categories: Employment, Due Process, Contract
J. Gruber finds the circuit court properly denied the ex-wife’s request that her ex-husband be held in contempt for nonpayment to her from his military retirement or disability payments according to the couple’s divorce decree. The wife cited cases where the court enforced agreements without contempt findings, and she chose to settle instead of pursuing a court decision. Because the circuit court denied her motion for contempt, there was no ruling on how the decree should be interpreted and enforced. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 4, 2023, Case #: CV-22-294, Categories: Contempt, Family Law, Contract
J. Aoyagi finds the trial court erred by imposing a special condition of probation regarding polygraph examinations that it did not announce in open court at sentencing. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: October 4, 2023, Case #: A178944, Categories: Probation
J. Kamins finds the trial court properly admitted testimony describing a three-year-old sexual abuse victim’s statements to his parents and to a physician during a medical examination conducted shortly after the sexual abuse. The child’s statements to the doctor “were duplicative of and corroborated by his identical statements to his parents, who described the statements at trial without objection.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: October 4, 2023, Case #: A177244, Categories: Evidence, Sex Offender, Child Victims
J. Allen grants Veterans Affairs’ motion to dismiss this appeal from the Army veteran’s claims for compensation for an aneurysm, service connection for depression, kidney failure and residuals of a stroke. The veteran sought to have the court hold that a 2020 notice of disagreement was timely, and the board provided that relief. On Sept. 7, 2023, the Board acted on the appeal and the only substantive issue, of whether the veteran’s VA Form 10182 was timely, has been fully resolved. The appeal is dismissed as moot; and there are no exceptions to mootness based on appellant’s pending request for class certification that would support a proceeding to address the merits.
Court: Court Of Appeals For Veterans Claims, Judge: Allen, Filed On: October 4, 2023, Case #: 20-2365, Categories: Health Care, Veterans, Class Action
J. Ervin-Knott finds that the trial court improperly allocated 65% fault to a police officer and 35% fault to the mother of a minor bicyclist after a collision between the police car and the bicyclist. The allocation to the mother was made without a determination of negligence on the part of the bicyclist. Under jurisprudence, the bicyclist, as an eight year old, can be found to be contributorily negligent. Further, the mother should not have been awarded $10,000 for witnessing the bicyclist's severe injuries and pain because she does not meet the temporal proximity requirement since she arrived at the collision scene after the bicyclist was in the ambulance. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: October 4, 2023, Case #: 2023-CA-0084, Categories: Evidence, Negligence
J. Chehardy finds that the trial court properly found for a company after a visitor to a property fell into a pond, injured her vertebrae and died from her injuries. In this case, the decedent's family does not show that there was a "hidden danger" in the form of a quicksand-like substance under the "murky water" of the pond. The pond while under construction was open and obvious and did not constitute an unreasonably dangerous condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: October 4, 2023, Case #: 22-CA-598, Categories: Evidence, Negligence, Wrongful Death
J. Kamins finds the trial court properly denied defendant’s motion for judgment of acquittal on the menacing charge against his 78-year-old grandmother. “A person in the position of defendant’s grandmother would have feared imminent serious physical injury.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: October 4, 2023, Case #: A177782, Categories: Menacing, Elder Abuse
J. Gladwin finds the circuit court properly granted summary judgment to the parents regarding the grandmother’s application for visitation rights. The parents sent the grandmother a message stating that they thought her husband was grooming the child for sex and the grandmother refused to comply with the parents’ requested rules regarding this. Evidence establishes that the grandmother’s relationship with the child would continue if she would cooperate, and she has failed to show that visitation was “altogether denied.” On the grandmother’s cross-appeal requesting reversal of an earlier order for an extension of time for the mother to file the record on appeal, the court of appeals also affirms. Affirmed on direct and cross appeals.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: October 4, 2023, Case #: CV-22-260, Categories: Evidence, Family Law, Guardianship
J. Jacquot finds the juvenile court erred by declaring subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). “Because Oregon was not [the child’s] home state on the date of the commencement of the proceeding…Oregon does not have home-state jurisdiction.” Vacated.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: October 4, 2023, Case #: A179157, Categories: Family Law, Jurisdiction
J. Chambers grants the Barboursville motel’s renewed motion to dismiss a Georgia man’s suit claiming he sustained permanent and disabling injuries on Sept. 29, 2020, when during a dive excursion at Coco View Resorts in Honduras he was struck by the propeller of one of the motel’s ships it has docked at the resort. After giving the parties a 90-day period to conduct limited discovery following the filing of an amended complaint, the court finds, despite some evidence of a business relationship, the man can’t show the motel and the resort are one in the same.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: October 4, 2023, Case #: 3:22cv417, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Tort, Business Practices
J. Sharpe denies summary judgment, in part, and preserves a former police officer’s due process and free speech retaliation claims against several public officials with the village of Chittenango in their individual capacities stemming from his termination from the force. Central to his claims is whether or not he was still on probation and considered an at-will employee when he was terminated, which the court finds remains in dispute. As well, the court finds a jury could determine that he was fired in response to complaints he made regarding the condition of his police vehicle.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: October 4, 2023, Case #: 5:19cv416, NOS: Employment - Civil Rights, Categories: Employment Retaliation, Labor
J. Lagesen finds the trial court properly committed appellant on the ground that he is dangerous to others and prohibited him from possessing a firearm. “It is not obvious that the citation was not served on appellant as required.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A179346, Categories: Commitment, Firearms
Per curiam, the appellate division finds that the lower court improperly denied the condo board president's motion to dismiss a purchaser's claim that the board intentionally refused to provide her with a written waiver of its right of first refusal to purchase the unit so that the purchaser could obtain financing. The complaint failed to state a cause of action for tortious inference with contract. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 4, 2023, Case #: 04956, Categories: Real Estate, Contract
Per curiam, the appellate division finds that the lower court properly ordered the landlord to pay $1,000 a day for 39 days after the city found it had illegally converted permanent residences into short-term rentals. The evidence supports the fine, including a sworn statement by the landlord's owner certifying when the violation was corrected. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 4, 2023, Case #: 04985, Categories: Administrative Law, Landlord Tenant
Per curiam, the appellate division finds that the lower court properly granted the property owner's motion to quiet title and found that the auto repair shop's easement over its property was extinguished by abandonment. The easement was obstructed with a wall, and the shop used an alternative route with permission of the owner. Circumstances do not permit an easement by necessity because the shop had access to a public street. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 4, 2023, Case #: 04957, Categories: Property
J. Golemon finds the trail court properly convicted defendant for sexual assault. Defendant’s request for substitution of counsel was properly denied, as counsel was prepared at the scheduled trial and defendant’s proposed attorney was unavailable. The case had been delayed several times and rescheduling would interfere with the fair administration of justice. Extraneous offense evidence was properly admitted, and defendant has failed to prove ineffective assistance. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 4, 2023, Case #: 09-22-00066-CR, Categories: Evidence, Sex Offender, Due Process
J. Goodwin grants in part the respective motions for summary judgment in the environmental groups’ suit against the mining company for its violation of Clean Water and the Surface Mining Control and Reclamation acts through the discharge of pollutants without a permit in Kanawha County. The court declares the company violated the acts by discharging pollutants without a permit from Nov. 26, 2021, to April 14 at Rush Creek Surface Mine No. 2, and failing to satisfy the reporting requirements of its permit at Rush Creek Surface Mine from November 2021 through November 2022. Since the company is currently in compliance with all of its permits, the groups' motion for injunctive relief to halt mining operations is denied, while a determination on the extent of the company's violations is held in abeyance.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: October 4, 2023, Case #: 2:22cv367, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment, Water