136 results for 'filedAt:"2024-04-03"'.
J. Donovan reverses the defendant’s convictions for a pattern of aggravated felonious sexual assault and aggravated felonious sexual assault alleging a single act of penetration. It was an error to admit evidence of the defendant’s behavioral changes and characteristics. Reversed.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: April 3, 2024, Case #: 2022-0643, Categories: Sex Offender, Assault
J. Zayas finds the trial court properly denied a citizen’s motion to suppress his statements made to the police officer regarding his engagement in prostitution. The citizen argues the trial court erred by not reading his Miranda rights and he was subjected to a custodial interrogation because he is not fluent in English. He voluntarily spoke to the police officer in a brief questioning and was not subjected to compelling pressures. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: April 3, 2024, Case #: 2024-Ohio-1257, Categories: Evidence, Prostitution, Due Process
J. Bock finds the trial court properly denied a doctor and his employer’s request for judgment and motion for credit in this medical malpractice lawsuit. The doctor and his employers argue that the trial court erred in awarding the family prejudgment interest, but did not object to the holding of a prejudgment interest hearing, nor did they respond. The assignments of error are overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: April 3, 2024, Case #: 2024-Ohio-1258, Categories: Enforcement Of Judgments, Medical Malpractice
J. Logue finds the trial court improperly dismissed the insurance company's breach of contract claim against the condo association over a settlement the association reached with a developer, contractor and others, which the company claims violates its subrogation rights with relation to a separate action from condo unit owners over water damages caused by their defective balcony. The company has sufficiently pleaded its claims that the general releases the association granted as part of its settlement violate its right to potentially recover funds from the same parties that entered that settlement with the association, so it should be allowed to continue with the claims. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 22-1290, Categories: Insurance, Contract
J. Miller finds the trial court improperly granted summary judgment to the president of the laborer's corporate employer in the laborer's lawsuit claiming the president is responsible for failing to provide proper safety equipment to the laborer, causing him to fall while securing a tarp to a second-story roof. In part because there is evidence in the record showing the president personally gave the order to apply the tarp to the roof the laborer was working on, the laborer has at least sufficiently pleaded his claim such that summary judgment should not have been granted. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 3, 2024, Case #: 23-0175, Categories: Construction, Negligence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Logue finds the trial court improperly denied the trading card store's motion to compel arbitration in a dispute with an employee claiming he was wrongfully removed from the company that runs the store. The store and its owner did not waive their right to arbitration, and there is a "contractual nexus" between the store's operating agreement and the employee's claims, so the dispute is subject to arbitration. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 23-1458, Categories: Arbitration, Contract
J. Cabret finds the superior court committed no error in denying defendant's habeas corpus petition he filed after he was convicted of rape, murder and other charges and sentenced to life in prison. There is nothing in the record to suggest that defendant's Sixth Amendment right to a speedy trial was violated, in part because although the superior court incorrectly found that six of the 11 delays that caused a 27-month gap between defendant's arrest and trial were the fault of defendant, the delays caused by the prosecution were largely out of its control or due to negligence that does not support defendant's claims. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: April 3, 2024, Case #: 2024 VI 16, Categories: Habeas, Murder, Speedy Trial
J. Swan finds the superior court properly entered a judgment and commitment order against defendant after he was found guilty at trial of unauthorized firearm possession and other charges. The evidence was sufficient to convict defendant of all the charges he faced, and his arguments that the search of the residence where he was on house arrest violated the Fourth Amendment fail in part because his uncle who lived with him gave police consent to search the residence, because officers smelled marijuana while they searching, and because the officers were lawfully at the residence in the first place to perform a compliance check related to defendant's house arrest. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: April 3, 2024, Case #: 2024 VI 17, Categories: Firearms, Search
Per curiam, the appellate division finds that the lower court properly denied the restaurant's motion to dismiss claims stemming from a woman's trip and fall on a hose on the sidewalk abutting the property. The restaurant hired the oil clean-up company whose hose lay across sidewalk, and this conduct may qualify as making "special use" of the sidewalk, exposing the restaurant to liability. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01835, Categories: Property, Tort
J. Watters dismisses all employment claims from a former nurse manager who says she was subjected to abuse while working for the Department of Veterans Affairs. This is the second suit the former nurse has brought against the same parties over the same allegations, the first suit of which was dismissed. This suit fails as well, due to the fact that her prior suit bars these claims under the doctrine of claim preclusion.
Court: USDC Montana, Judge: Watters, Filed On: April 3, 2024, Case #: 1:23cv116, NOS: Other Labor Litigation - Labor, Categories: Employment
Per curium, the circuit court finds that the lower court properly denied defendant's request for compassionate release due to his father's poor health and need for a caregiver. Defendant, who sexually abused his minor niece for years, failed to establish that he was eligible for relief. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 22-13699, Categories: Sex Offender
J. Mooney finds the trial court properly admitted a photograph allegedly showing defendant signed a U-Haul contract. “Exclusion of the duplicate solely because defendant denied that she signed it would have removed that evidence from the jury’s consideration, essentially usurping the jury’s role and weighing that piece of evidence for them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A177721, Categories: Evidence, Vehicle
J. Mooney finds the juvenile court erred in changing the permanency plan for father’s son from reunification to adoption. “There was no evidence presented of any effort made by DHS to assist father with his impulse control issues, or to better understand [the child’s] emotional needs and build trust with him.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A182039, Categories: Evidence, Family Law
J. Aoyagi finds the circuit court properly affirmed county code infractions that prohibit an individual from owning an animal for five years. “Plaintiff has not identified any permissible review function that has been hindered by the hearing officer’s failure to explain her penalty choice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 3, 2024, Case #: A180356, Categories: Animal Cruelty
J. Simon grants the business entities' motion to vacate the arbitration award, which came from the coffee shop retail chain's petition to have the business entities resolve geographic territory and franchise agreement disputes via arbitration. The arbitrator proceeded with the case despite knowing that a court would be resolving the question of who had the authority to determine whether the business entities were subject to arbitration.
Court: USDC Oregon, Judge: Simon, Filed On: April 3, 2024, Case #: 3:20cv976, NOS: Arbitration - Other Suits, Categories: Arbitration, Contract
J. Erickson finds a lower court improperly calculated a defendant's restitution order after he pleaded guilty to wire fraud. The government argued that the amount of restitution imposed on the former bookkeeping employee was reasonable based on his theft of company checks and his attempt to double his income by stealing from his employer. However, the defendant sufficiently showed in court that he sold his shares in the company to offset the amount of the loss, which entitled him to a reduction by $50,000. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 3, 2024, Case #: 23-2173, Categories: Fraud, Restitution, Employment
J. MacDonald opposes the defendant’s challenge of one of his convictions of a pattern of aggravated felonious sexual assault, which alleged that he repeatedly touched the breasts of the victim, who was under 13 years old. While chest isn't always a synonym for breasts, and the victim said the defendant touched her “chest” rather than “breasts,” she said that his touching of her became inappropriate when he touched her chest.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: April 3, 2024, Case #: 2022-0563, Categories: Sex Offender, Assault, Child Victims
J. Alvarez upholds the trial court's refusal to compel arbitration on parents' claims arising from injuries their child allegedly suffered while at a trampoline park. Although the park argues the father's friend signed the contract that contained the arbitration agreement on behalf of the father before entering the park, it is in dispute whether the streak mark on the agreement is his signature. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: April 3, 2024, Case #: 04-23-00146-CV , Categories: Arbitration, Tort, Contract
J. Frimpong grants homeowners' application for a temporary restraining order to restrain a mortgage company's trustee's sale after it denied their request for a loan modification. The homeowners have shown that they will be irreparably prejudiced by the standard briefing schedule because of the need for a hearing date prior to the scheduled foreclosure sale date. The mortgage company has not provided evidence that it communicated with the homeowners about how to apply for any foreclosure prevention alternatives. The homeowners have established that the property is their primary residence and that they would suffer irreparable harm if the foreclosure sale continues.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 3, 2024, Case #: 2:24cv1529, NOS: Other Contract - Contract, Categories: Real Estate, Restraining Order
J. Kelety finds that the trial court properly denied defendant's motion for a mental health diversion prior to a 2022 trial in which he was convicted of aggravated mayhem and assault with a deadly weapon. But the trial court must revisit his motion so it may consider subsequent statutory amendments that are retroactively applicable because they became effective prior to his sentencing. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: April 3, 2024, Case #: D081445, Categories: Competence, Assault
J. Zahn holds that the trial court lacked jurisdiction to modify defendant's sentence for a felony DUI conviction. A stay pending an appeal that failed did not toll the clock on his modification motion, which came three years after sentencing. His original sentence of six years with one year fixed is reinstated. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: April 3, 2024, Case #: 50765-2023, Categories: Sentencing, Dui, Jurisdiction