104 results for 'judge:"Greer"'.
J. Greer finds that defendant was properly convicted of sexual exploitation by a school employee after grooming and physically assaulting her student because evidence indicated defendant pursued a pattern, practice, or scheme to engage in sexual conduct by oversharing personal information, hugging, and sending inappropriate emails to the victim.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: September 27, 2023, Case #: 22-0390, Categories: Sex Offender, Child Victims
J. Greer grants summary judgment to the New Hampshire Insurance Department as to the claims arising from its fertility treatment mandate in this action brought under the Employee Retirement Income Security Act. Also, there is a question of law relating to the state's unfair insurance practices law, and the parties are ordered to file a proposed briefing schedule as to that issue.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: September 18, 2023, Case #: 1:21cv271, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, Health Care, Insurance
J. Greer finds that defendant was properly denied review of the denial of parole from his 105-year sentence because the decision was not arbitrary in light of defendant's serious criminal history and high propensity for violence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: September 13, 2023, Case #: 22-2013, Categories: Parole
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. Greer finds that defendant was properly denied relief in the form of an altered discharge date based on claims that time-served had been miscalculated because defendant failed to challenge the actual number of days spent in jail. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: September 13, 2023, Case #: 22-1270, Categories: Sentencing
J. Greer finds the Immigration Judge improperly granted the respondents’ application for adjustment of status. Respondents were encountered near the southern border, having entered without inspection, admission, on parole. The Cuban Adjustment Act, under which the IJ found them to be eligible for adjustment of status, requires respondents to have been inspected, admitted or paroled. Their release by the DHS on conditional parole is legally distinct from release on humanitarian parole. Vacated and remanded.
Court: Board of Immigration Appeals, Judge: Greer, Filed On: September 11, 2023, Case #: 4066, Categories: Immigration, Due Process
J. Greer finds that a mother's parental right were properly terminated since the mother struggled to develop basic infant care skills, let alone demonstrate an ability to tend to the serious disability with which the child had been born. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: September 7, 2023, Case #: 28-0828, Categories: Family Law
J. Greer grants the Pride festival plaintiffs' motion for a temporary restraining order in this lawsuit alleging violations of their rights under Section 1983, in connection with the potential enforcement of the Adult Entertainment Act. The plaintiffs, which include the festival organizer and a drag performer, have established standing and a likelihood of success on the merits.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: September 1, 2023, Case #: 3:23cv316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Lgbtq
J. Greer finds that defendant was properly denied a new trial after on charges of vehicular homicide following OWI. The toxicology report was admissible since a simple scrivener's error in the search warrant did not constitute an intentional act and did not impact the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 30, 2023, Case #: 21-1319, Categories: Search, Dui, Vehicular Homicide
J. Greer finds that defendant was properly sentenced to consecutive terms of imprisonment for a felony conviction since the lower court sufficiently explained its reasons for imposing the term. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 30, 2023, Case #: 22-0792, Categories: Sentencing
J. Greer finds that defendant was properly sentenced to prison based on the guilty plea he entered to failure to comply -- verification violation for providing false information to police. Defendant was a habitual offender on probation, and the lower court considered age, mental health, and other factors during sentencing. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 30, 2023, Case #: 23-0245, Categories: Probation, Sentencing
J. Greer finds that a father's parental rights were improperly terminated because evidence did not indicate he abandoned his child. The father had been denied visitation while incarcerated and maintained phone communication. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 9, 2023, Case #: 23-0315, Categories: Family Law
J. Greer finds that defendant was properly convicted of burglary and robbery after he entered a hotel room in order to procure rent because defendant entered the room wearing a mask along with a friend who threatened the occupants with a "billy club," specifically, "a wooden bat with nails on the end." Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 9, 2023, Case #: 22-1430, Categories: Burglary, Robbery
J. Greer finds that parents' visitation rights were improperly increased following removal of their children because both children had been taken to the emergency room for serious injuries the parents failed to explain. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: July 13, 2023, Case #: 23-0814, Categories: Family Law
J. Greer finds that defendant was improperly convicted of involuntary manslaughter after shooting a man to death in a bar fight because security video of the bar fight that had been introduced at trial did not demonstrate defendant's motive to kill the victim. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: July 13, 2023, Case #: 22-0397, Categories: Evidence, Manslaughter
J. Greer denies the Tennessee insurance company's motion for partial summary judgment in this lawsuit concerning coverage for fertility treatments, which the group health insurance plans at issue exclude. Because New Hampshire has a "fertility mandate" requiring coverage, the state's insurance department issued a show cause order after learning that the company had allegedly denied coverage for a New Hampshire resident participating in one of the plans. The insurance company seeks to enjoin the order, but New Hampshire has the "authority to regulate the business of insurance within its borders."
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: June 26, 2023, Case #: 1:21cv271, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, Insurance
J. Greer finds that defendant was properly convicted of OWI since defendant failed to preserve her contention that video showing her using racial slurs against arresting officers had been prejudicial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: June 21, 2023, Case #: 22-1069, Categories: Evidence, Dui