175 results for 'filedAt:"2023-12-14"'.
J. Wright finds the trial court properly admitted a copy of the mother’s will to probate as a muniment of title. The mother's stepdaughter probated her father's will after his death, fours years after the mother's death. She also filed a copy of the mother's will for probate as a muniment of title to show her father had inherited all of the mother's real estate, and that the transfer on death deed passed to her. Contrary to the mother's biological son's argument, the copy of his mother's will was not untimely filed. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: December 14, 2023, Case #: 09-21-00269-CV, Categories: Property, Wills / Probate
Per curiam, the court of appeals denies the petition for mandamus seeking relief from an order denying the petitioner's request for release from his civil commitment as a sexually violent predator. The record shows he is a vexatious litigant, subject to a prefiling order prohibiting him from proceeding in the appeals court pro se without obtaining the permission of the appropriate local administrative judge.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: December 14, 2023, Case #: 09-23-00324-CV, Categories: Sex Offender, Commitment
J. Poissant finds that the trial court properly ruled in favor of the landlord in a dispute with a former tenant who alleged claims including familial status discrimination after receiving lease violation notices due to complaints by her downstairs neighbor about noise from her children. The former tenant did not show a prima facie case of disparate treatment against families by the landlord. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: December 14, 2023, Case #: 14-22-00169-CV, Categories: Landlord Tenant, Housing, Contract
J. Mortensen finds the trial court improperly convicted defendant for home invasion and assault of a 72-year-old woman. Defendant was already in jail on drug charges and police interviewed him, resulting in a confession. Trial counsel was ineffective for failing to move to suppress defendant's confessions. The state had no other evidence of his guilt and the failure to move to suppress resulted in prejudice. Vacated.
Court: Utah Court Of Appeals, Judge: Mortensen , Filed On: December 14, 2023, Case #: 20210766-CA, Categories: Ineffective Assistance, Robbery, Assault
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J. Harris finds the trial court properly convicted defendant for the object rape and forcible sexual abuse of his 14-year-old stepdaughter. Though he argues the victim's testimony was improbable and there was insufficient evidence supporting the penetration element of the object rape charge, the testimony was not improbable and all evidence supports the convictions. Furthermore, nothing in the record supports defendant's claims of deficient performance of counsel. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 20210403-CA, Categories: Evidence, Sex Offender, Child Victims
J. Harris finds the trial court properly found defendant guilty for five counts of sexual assault on a child by one in a position of trust as part of a pattern of abuse and one count of aggravated incest. Defendant's daughter and friends reported the abuse in their 20's, which led to defendant's arrest. Defendant sought substitution of counsel, and after admonishment, he requested to represent himself. The waiver is not invalidated merely because he had to choose between self-representation and maintaining a particular court date. Defendant knowingly and intelligently waived his right to counsel. Affirmed.
Court: Colorado Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 2023COA119, Categories: Sex Offender, Self Representation, Child Victims
J. Schock finds the trial court improperly sentenced defendant for her conviction on charges of possession of meth with intent to distribute. Defendant was convicted for burglary, conspiracy, theft, possession with intent to distribute and identity theft. All charges but the possession charge stem from her burglary of a home, which was evacuated due to an approaching fire. Defendant’s 64-year habitual criminal sentence for possession with intent to distribute, based on two prior convictions for the same, raises an inference of disproportionality and must be reviewed. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock , Filed On: December 14, 2023, Case #: 2023COA120, Categories: Burglary, Drug Offender, Sentencing
J. Bowen finds the trial court properly denied defendant's petition for relief from sex offender registration requirements. Defendant was convicted by guilty plea for attempting to distribute harmful material to a minor. The plea was in exchange for the dismissal of a charge for an attempted lewd act with a minor. Though defendant says he is a tier 1 offender and has satisfied his 10-year registration requirements, he was convicted of a felony violation that was later reduced to a misdemeanor. Guiding law prohibits a trial court from relieving such a defendant of the lifetime registration requirement, and the requirement is not a form of punishment under the state or federal constitutions. Affirmed.
Court: California Courts Of Appeal, Judge: Bowen , Filed On: December 14, 2023, Case #: A164739, Categories: Sentencing, Sex Offender, Child Victims
J. Musseman denies defendant's request for extraordinary writ to compel the trial court to dismiss his larceny and concealing stolen property case for lack of jurisdiction. The motion to dismiss was filed after the state filed an application to terminate the participation in drug court. Having entered his guilty plea, participated in drug court and reserved his protest for two years, defendant has waived his McGirt "Indian jurisdiction" claim.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: December 14, 2023, Case #: MA-2022-937, Categories: Theft, Jurisdiction, Property
J. Jordan finds that the district court properly denied defendant's motion for a reduction of his life sentence for crack cocaine offenses under the First Step Act. The government gave defendant notice before trial that, if convicted, he was subject to an enhanced statutory sentence based on his prior felony drug convictions. Defendant already received the lowest penalty available to him under the Fair Sentencing Act and he is not entitled to relitigate the sentencing court's drug quantity finding. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: December 14, 2023, Case #: 21-13838, Categories: Drug Offender, Sentencing
J. Chafin finds the lower court improperly sentenced the substance abuser to 60 days in prison. The substance abuser overdosed on drugs after recently being released from prison following a 2-year stint for drug use. Virginia's legislature made a law that limits the amount of time someone can be sentenced after breaking the terms of their probation related to drug use to only 14 days. Reversed.
Court: Virginia Supreme Court, Judge: Chafin, Filed On: December 14, 2023, Case #: 230127, Categories: Drug Offender, Probation, Sentencing
Per curiam, the appellate division finds that the appellate division properly upheld the agency ruling that a former police officer was not exempt from health benefits premium-sharing obligations because neither the officer's service nor his purchase of four years of military service credit would have qualified him for such. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: December 14, 2023, Case #: A-27-22, Categories: Pensions
J. Ceresia finds that a translation/transcription service was properly found to be an employer of linguists liable for unemployment insurance contributions because the company screened the professionals, paid them at set rates, and offered their services to clients. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 14, 2023, Case #: 535923, Categories: Employment, Insurance
J. Lynch finds that the lower court properly declined to prematurely cease a husband's monthly maintenance award because he failed to counter proof contradicting his contention that his ex-wife was financially intertwined with another man or that she and their children were living with the man as a "family unit." Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 14, 2023, Case #: CV-23-0174, Categories: Family Law
J. Egan finds that the unemployment insurance appeal board properly held that five civil service employees who worked as instructors or supervisors at state prisons did not qualify for benefits during the first pandemic summer in 2020 because their summer work was an optional addition to the academic year, for which they were paid at an annual salary, and thus they were not totally unemployed. Since they were ineligible for benefits under state law, they did not qualify for various federal pandemic unemployment benefits, which had to be repaid. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: CV-22-2052, Categories: Employment, Insurance
J. Lynch finds that a police officer was properly denied accidental disability retirement benefits because the injury he sustained while attempting to kick in the locked bedroom door of a reportedly suicidal woman occurred in the course of ordinary job duties and thus did not constitute an "accident" within the meaning of retirement and social security law. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 14, 2023, Case #: CV-23-0551, Categories: Employment, Social Security
J. Watson grants the employer's motion for summary judgment, ruling the employee's Title VII retaliation claims fail as a matter of law. Although he engaged in an investigation regarding allegations of sexual assault involving a manager, there was no investigation at the time of his termination and, therefore, he engaged in no protected activity under Title VII.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: December 14, 2023, Case #: 2:20cv1037, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Retaliation
J. Triana finds the trial court properly ruled in favor of a nicotine products manufacturer in a tax refund suit it filed against the state comptroller claiming that it is exempt from paying a state tobacco tax because the products do not contain tobacco. The products are not “made of tobacco” and are therefore not subject to the state’s tax. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: December 14, 2023, Case #: 03-22-00188-CV, Categories: Tax
J. Reynolds Fitzgerald finds that the unemployment insurance appeal board properly held that a school district employee with two part-time jobs was ineligible for benefits because she was not totally unemployed. The Covid-19 pandemic affected both positions since in-person instruction ceased for a time, but the employee was paid until the end of the school year under the union contract she held under one of the jobs and received a reappointment letter for the next academic year. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: December 14, 2023, Case #: 534616, Categories: Employment, Insurance