94 results for 'judge:"Murphy "'.
J. Murphy finds the voters' rights groups' First Amendment claims regarding distribution of absentee ballot registration forms - prohibited under Tennessee law - deal with expressive conduct and not political speech, which subjects them to a lower level of scrutiny than the Anderson-Burdick balancing test. Nothing in the law restricts the groups from expressing their opinions and urging individuals to register to vote via absentee ballot, and because it does not affect the outcome of their speech, it does not violate their First Amendment rights. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: October 5, 2023, Case #: 22-5028, Categories: Elections, First Amendment
J. Murphy finds the circuit court properly terminated the mother���s parental rights to her five minor children. The department exercised emergency custody of the children after their mother left them alone so that she could scrap her vehicle for money. She then used meth, which resulted in her discharge from a temporary shelter. The record supports the best interest finding and does not show any clear error in the court���s finding that the children would be at risk of potential harm if returned to the mother. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: October 4, 2023, Case #: CV-23-163, Categories: Evidence, Family Law, Guardianship
J. Murphy finds that the trial court properly found that the farm/hunting lessor is entitled to an easement across the other hunting lease's land. The land that became the two leases was originally conveyed by the original owner at different times, and a road used by hunters on one of the leases to access another part of that lease that is separated by a bayou that runs through the other lease's land. This road was used by the original owner before conveying the land to the second lease and his permissive use is not applicable. The easement was properly granted on theories of prescription, necessity and implication. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: September 27, 2023, Case #: CV-21-222, Categories: Property
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. Murphy finds the trial court properly convicted defendant for three counts of sexual indecency with a child. Defendant's minor cousins have disclosed that he made sexual comments toward them, soliciting intercourse. One of them, out of fear that he would become physical, began secretly recording him. All testimony and evidence were properly admitted. The court told the jury to disregard the beginning of a vague question by the state that did not indicate a crime for which defendant was previously investigated. Any problem was cured by the instruction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: September 20, 2023, Case #: CR-22-402, Categories: Sex Offender, Child Victims, Jury Instructions
J. Murphy dismisses a lawsuit filed by the estate of a woman who was allegedly denied care by emergency medical technicians when she could not breathe, was struggling to walk, and had low blood oxygen levels. The estate fails to state a claim under the Fourteenth Amendment's "state-created danger" doctrine. The woman was not more vulnerable to harm because of the technicians' actions.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: September 19, 2023, Case #: 2:23cv0155, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Constitution, Ada / Rehabilitation Act, Wrongful Death
J. Murphy finds that the lower court properly sentenced defendant on child pornography charges. Defendant was already on supervised release when he was caught in possession of the material stemming from child exploitation violations, and was sentenced to 180 months��� imprisonment. The enhancement used to sentence defendant, given the circumstances of his prior record, was correctly applied. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: September 18, 2023, Case #: 22-3122, Categories: Sentencing, Sex Offender
J. Murphy finds that the circuit court properly terminated the grandmother's temporary guardianship of her grandchildren. The grandparents originally petitioned for temporary guardianship, alleging that the children were in imminent danger of environmental neglect or abuse due to the drug use of their daughter. The court properly afforded the father the fit-parent presumption in terminating the guardianship. Cited case law states that the "mere fact that a child may have... opportunities with another family cannot be enough to keep [them] away from an otherwise fit parent.��� Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: September 13, 2023, Case #: CV-22-522, Categories: Family Law, Guardianship
J. Murphy finds the trial court properly vacated the family's voluntary dismissal of personal injury claims against the church because they failed to file the motion before the court's adverse decision to dismiss the case with prejudice. However, the trial court improperly selected a dismissal with prejudice as the sanction for the family's failure to prosecute because it failed to explain how further delay would prejudice the church regarding witness availability; therefore, the case will be remanded to allow the court to consider an appropriate sanction. Affirmed in part.
Court: North Carolina Court of Appeals, Judge: Murphy, Filed On: September 5, 2023, Case #: COA22-374, Categories: Civil Procedure, Sanctions
J. Murphy finds the lower court properly granted the commonwealth's motion for judgment on the intrastate portion of the Ohio-based ambulance services provider's commerce claim. Kentucky's "certificate of need" law for out-of-state service providers is not discriminatory on its face because it treats in-state and out-of-state providers in the same fashion. However, because the interstate portion of the law, which prevents out-of-state providers from operating unless they demonstrate a significant need for their services in Kentucky, effectively limits competition and, therefore, violates the Commerce Clause. Reversed in part.
Court: 6th Circuit, Judge: Murphy, Filed On: September 1, 2023, Case #: 22-5808, Categories: Commerce, Constitution, Government
J. Murphy finds the circuit court properly granted summary judgment to the insurance company in this dispute over coverage for a traffic accident caused by a drunk driver with a suspended license who was not named on the insurance policy. The policy exclusion stating that the company does not provide liability coverage for injury or damage ���caused by or in any way arising out of operation, maintenance or use of a vehicle by a ��� person who does not possess a valid, in-force operator���s license,��� is properly characterized as unambiguous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: August 30, 2023, Case #: CV-22-499, Categories: Insurance, Tort, Vehicle
J. Murphy finds the lower court properly granted the prison guard's motion for summary judgment on Eighth Amendment claims filed by an inmate. While the guard was charged with a misdemeanor for his use of force, the inmate failed to prove the use of violence was malicious and sadistic. The inmate suffered no visible injuries after the guard grabbed his throat and shoved him against the wall, and while he complained of neck pain in the months that followed, the guard believed force was necessary to subdue the inmate after he disobeyed orders. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: August 16, 2023, Case #: 22-1937, Categories: Civil Rights, Constitution, Evidence
J. Murphy finds that the lower court properly sentenced defendant to 31 months of post-release supervision after she violated the terms of her release following a manslaughter conviction. Defendant claims the sentence was unlawfully excessive, but precedent shows defendant was given a sentence compliant with sentencing laws and that is not unlawfully long. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: August 11, 2023, Case #: 22-4047, Categories: Sentencing, Manslaughter
J. Murphy finds the lower court improperly refused to grant immunity to the director of the port authority on conspiracy and defamation claims. The authority is under the control of Louisville Metro and performs an integral function of Kentucky's state government - specifically, transportation infrastructure; therefore, its director is entitled to governmental immunity. Reversed.
Court: 6th Circuit, Judge: Murphy, Filed On: July 27, 2023, Case #: 22-5351, Categories: Government, Immunity, Defamation
J. Murphy denies Philadelphia's motion to dismiss Fourteenth Amendment and conspiracy claims from an individual who spent 27 years in prison before having his murder conviction vacated. After the original conviction was vacated due to fabricated evidence, the individual agreed to plead no contest to a lesser third-degree murder charge, which meant he would not have to go through another trial and would not have to spend any more time in prison. Allowing the individuals claims to proceed would not necessarily invalidate the second conviction, as "it is plausible that the second conviction is insulated from the conduct he claims violated his constitutional rights."
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: July 21, 2023, Case #: 2:22cv3474, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Police Misconduct
J. Murphy finds in favor of the employer in a disability discrimination and hostile work environment action arising after an employee was determined to have voluntarily resigned from her job by refusing to come back to work in April 2020 for fear of the Covid-19 virus. The employee alleged that the employer violated the Family First Coronavirus Response Act when it fired her. The employer properly exercised its discretion by excluding the employee from the paid sick leave provision of the Act because she was a health care provider. The employee failed to show that she was disabled. The employee was diagnosed with prediabetes, has never been diagnosed with actual diabetes and there is no evidence that her prediabetes impacted her ability to do her job.
Court: USDC Eastern District of Michigan, Judge: Murphy, Filed On: July 5, 2023, Case #: 2:21cv10805, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Covid-19