156 results for 'judge:"Moore"'.
J. Moore finds the county court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant's DUI and related convictions are supported by sufficient evidence, and his claims are either procedurally barred, insufficiently pleaded or refuted by the record. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 9, 2024, Case #: A-22-903, Categories: Double Jeopardy, Dui, Vehicle
J. Moore finds that the lower court properly entered a judgment enforcing a settlement agreement between the parties. The lower court determined that the appellant must pay the proceeds, even though an impostor had allegedly caused it "to wire the settlement proceeds to the impostor's bank account." There was no error in the ruling, as the appellant "was in the better position to have prevented the fraud." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0260, Categories: Fraud, Settlements, Contract
J. Moore finds that the lower court improperly entered a judgment against the employer in this case concerning an employee's "work-related back injury" and the employer's responsibility for future medical treatment. The lower court denied the employer's request for relief from a workers' compensation settlement, but it failed to enter written findings of fact and conclusions of law as required. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0340, Categories: Civil Procedure, Workers' Compensation
J. Moore finds that the lower court properly denied defendant's request for pretrial release based on his charge of aggravated discharge of a firearm. Defendant, a felon, allegedly was the target of gunshots, then went home, got a gun, returned to the scene, and fired back when he was shot at again. Given the planning that went into defendant's actions, the state has a strong case that defendant poses a real and present threat to the safety of the community. Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 5, 2024, Case #: 231002, Categories: Firearms, Assault, Bail
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J. Moore finds that defendant's murder conviction was supported by sufficient evidence of implied malice: high blood-alcohol level, predrinking intent to drive, knowledge of the hazards of DUI and highly dangerous driving. Also, he failed to show that vehicular manslaughter is a lesser included offense of a murder charge, and the trial court was not obligated to give the jury an instruction on the lesser related offense of gross vehicular manslaughter while intoxicated. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: December 12, 2023, Case #: G061812, Categories: Dui, Vehicular Homicide, Jury Instructions
J. Moore finds the trial court properly sentenced defendant by plea-based conviction for attempted possession of meth with intent to deliver. During a routine traffic stop, the officer discovered $18,000 and one pound of meth in the vehicle. After receiving a Miranda warning, defendant agreed to speak and admitted to delivering several pounds of meth and marijuana, and that the money was from the sale of the drugs. All evidence supports conviction, and the sentences were within the statutory range. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 12, 2023, Case #: A-23-277, Categories: Drug Offender, Evidence, Sentencing
J. Moore finds the Guatemalan immigrant is entitled to partial review of the immigration board's denial of her application for asylum. Although personal animosity alone is insufficient to prevent removal from the U.S., the mother-in-law's threats to kill the immigrant if she ever returned were also based on her status as a Chuj woman - viewed as witches and deemed property of their husbands in Guatemalan culture - and so the board must analyze whether both motives were inextricably intertwined such that it allows for the grant of asylum.
Court: 6th Circuit, Judge: Moore, Filed On: December 8, 2023, Case #: 23-3059, Categories: Evidence, Immigration
J. Moore finds the lower court properly dismissed the professor's due process claims against university officials who revoked his emeritus status following allegations of sexual harassment. The status was merely honorific and conferred no financial or tangible benefits that would establish a constitutionally protected property interest. Although the loss of the emeritus title may have injured his reputation, the professor failed to request a name-clearing hearing required to pursue a due process claim for that type of property interest. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: December 5, 2023, Case #: 23-3338, Categories: Education, Due Process
J. Moore finds the district court properly found the livestock caretaker breached his contract with the livestock owner. The caretaker failed to brand the cattle or report and prove death loss. He provided no evidence storms caused massive death loss or that he communicated those losses to the owners. The caretaker was also not entitled to file a Uniform Commercial Code financing statement to claim a lien because he had agreed to compensation by shares of calf crops. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 5, 2023, Case #: A-22-957, Categories: Agriculture, Evidence, Contract
J. Moore finds the trial court properly convicted defendant for first-degree sexual assault of a child. Defendant shared marijuana with his girlfriend's 14-year-old daughter, which caused her to feel sick. Defendant took her to her bedroom, where he kissed and fondled her. Evidence the victim was still visibly upset when she told her cousin on the same day supports the inference she was under stress and the statements were spontaneous. Defendant's counsel was able to examine alleged inconsistent statements and argue the victim was lying, and the jury was able to consider all testimony. Affirmed
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 5, 2023, Case #: A-23-251, Categories: Evidence, Sex Offender, Child Victims
J. Moore finds that the trial court applied outdated standards when granting summary judgment to an employer on sexual harassment and hostile work environment claims. While it properly dismissed most of the employee's claims, she raised a triable issue of fact about whether any harassment occurred and whether the employer took prompt corrective action once it knew about the harassment. Also, the employer improperly included nonmaterial facts in its overly long separate statements of material fact. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: December 5, 2023, Case #: G062736, Categories: Civil Procedure, Employment
J. Moore denies the coal mining company's petition for review of the administrative law judge's award of black lung benefits, ruling that even though some of the experts in the case expressed doubt as to whether the decedent was totally disabled, his arterial blood-gas test results qualified him for benefits regardless of any contrary evidence and did not require a denial of his widow's claim.
Court: 6th Circuit, Judge: Moore, Filed On: December 4, 2023, Case #: 23-3238, Categories: Employment, Experts
J. Moore finds the district court properly denied defendant's motion for postconviction relief. Defendant, privy to the fact that the Burger King where his sister worked was having a problem with its security system, burglarized the restaurant and was identified by his sister's recognition of his bushy eyebrows on security video. Furthermore, defendant's ineffective assistance claim fails, as his wife's claim that he was in Colorado during the burglary could have resulted in perjury charges and the decision not to call her was a reasonable strategy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: November 21, 2023, Case #: A-22-965, Categories: Burglary, Evidence, Ineffective Assistance
[Modified.] J. Moore alters several sentences in a previously published anti-SLAPP opinion and denies a rehearing with no change in judgment. The trial court erred in deciding to grant an anti-SLAPP motion. A company's press releases fall under the commercial speech exemption to the anti-SLAPP statute, so it must face a business partner's allegations that its press releases misrepresented and improperly disclosed the partner's confidential information. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: November 17, 2023, Case #: G061535, Categories: Anti-slapp
J. Moore finds the trial court properly convicted defendant for possession of fentanyl with intent to distribute. The arresting officer had probable cause to search the vehicle, and no coercive tactics were used for defendant's compliance. Dash cam footage shows defendant was nervous upon being stopped, and he revealed the contents of a suitcase in the vehicle without prompting and voluntarily admitted to marijuana possession. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: November 14, 2023, Case #: A-22-909, Categories: Drug Offender, Evidence, Search
J. Moore finds that the lower court improperly granted the state's petition to deny defendant pretrial release. Defendant was arrested and detained prior to the effective date of the Safety, Accountability, Fairness and Equity-Today Act, and the state's petition to detain was therefore untimely. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: November 9, 2023, Case #: 230724, Categories: Criminal Procedure, Bail
J. Moore dismisses an appeal from the finding that a biotherapeutics company failed to prove that claims for "compositions and methods for treating pterygium" were unpatentable because the company failed to establish injury.
Court: Federal Circuit, Judge: Moore, Filed On: November 7, 2023, Case #: 2022-1706, Categories: Patent
J. Moore finds the county court properly denied defendant’s motion for postconviction relief without an evidentiary hearing from his no contest conviction for generation of child porn. The victim and multiple witnesses testified that defendant pulled the victim’s clothing away from her breasts and vagina while recording with a green cell phone in a public park. Defendant was arrested on a different warrant during a traffic stop and a warranted search was conducted on his green cell phone, revealing a recording of the assault. All evidence supports conviction and any motion to suppress would not have been successful. There is no obligation to engage in unneeded analysis and there was no error in denying defendant’s motion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: November 7, 2023, Case #: A-22-789, Categories: Evidence, Sex Offender, Child Pornography
J. Moore finds the district court improperly divided the marital estate in this dissolution proceeding. The court of appeals modifies the decree to restore the ex-wife’s maiden name. Though the wife did not move to amend pleadings, a court may constructively amend in order to render a consistent decision. The husband did not object to the request to restore the name and the court could have amended the pleadings to conform to the evidence. The court also abused its discretion by including the total value of the wife’s whole life insurance policy and two retirement accounts in the marital estate. Valuations and divisions of certain debts and property including a truck and trailer are also modified. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 31, 2023, Case #: A-22-873, Categories: Family Law, Property, Contract
J. Moore vacates the lower court's finding for a nurse on an estate's deliberate indifference claim arising from the death of an inmate, who overdosed on methamphetamine. The decedent's clear signs of distress throughout his booking process into the jail, which only escalated once he was placed in a holding cell, should have made the medical staff aware he was suffering either from some kind of drug withdrawal or medical emergency. Reversed in part.
Court: 6th Circuit, Judge: Moore, Filed On: October 26, 2023, Case #: 23-5133, Categories: Civil Rights, Evidence, Wrongful Death
J. Moore finds the trial court properly terminated the mother’s parental rights to her two-year-old daughter. The daughter was born prematurely in the neonatal intensive care unit and her urine tested positive for meth. The father cannot be located. The mother’s actions have indicated substance use, and she has a history of convictions for possession and driving under the influence, all of which place the child at risk of harm. Clear and convincing evidence supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 24, 2023, Case #: A-23-355, Categories: Evidence, Family Law, Guardianship
J. Moore reverses part of the trial court's decision to grant an anti-SLAPP motion. A company's press releases fall under the commercial speech exemption to the anti-SLAPP statute, so it must face a business partner's allegations that its press releases misrepresented and improperly disclosed the partner's confidential information. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: October 23, 2023, Case #: G061535, Categories: Anti-slapp
J. Moore finds that the lower court improperly denied the mother's Rule 60(b) motion seeking relief from a prior judgment regarding the stepmother's adoption petition. The mother was entitled to a hearing on her motion, as she asserts that she did not receive "notice of the pending adoption" and that the father and stepmother had known her whereabouts "at all times." Accordingly, the matter is remanded for a hearing on whether service by publication was appropriate. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: October 20, 2023, Case #: CL-2023-0259, Categories: Civil Procedure, Family Law
J. Moore finds that the lower court improperly denied the maternal grandparents' motion to intervene in this dependency action to the extent that they sought permissive intervention. It was an abuse of discretion to deny the grandparents' motion, as they sought "custody of the child through the dependency proceedings." The court notes that allowing them to intervene will not "unduly complicate or lengthen" the proceeding. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: October 20, 2023, Case #: CL-2023-0223, Categories: Civil Procedure, Family Law
J. Moore finds the county court properly granted the restaurant owners’ motion to dismiss this wrongful termination suit brought by the cook who had made a verbal agreement for employment. The amended complaint shows that the cook was an at-will employee. He did not allege facts showing a claim for promissory estoppel or that the termination violated public policy. Factual allegations do not suggest the existence of missing elements and do not raise an expectation that evidence will develop through discovery. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 17, 2023, Case #: A-23-018, Categories: Employment, Evidence