134 results for 'judge:"Wood "'.
J. Wood finds the trial court properly convicted defendant for rape, introduction of a controlled substance into the body of another and tampering based on sufficient evidence. Though the victim and defendant had previously been in a consensual relationship, this evidence was properly denied as irrelevant. All evidence presented shows that defendant injected the victim with ketamine and had sex with her while she was physically helpless. He then encouraged her to recant statements made to the police. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: January 18, 2024, Case #: CR-22-418, Categories: Evidence, Sex Offender, Obstruction
J. Wood finds in favor of the employer in a race discrimination and retaliation action brought by the former employee, a Black man, after he was fired for willful destruction of company property for spilling paint on the floor of a manufactured home. The ex-employee failed to provide a specific comparator to show that the employer treated similarly situated employees outside his protected class more favorably. The ex-employee also failed to show that the employer's nondiscriminatory reason for firing him was pretextual.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: January 18, 2024, Case #: 5:22cv73, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Wood finds the trial court properly convicted defendant by guilty plea for first-degree murder based on sufficient evidence. The 77-year-old victim was found with a gunshot wound to the face during an officer's welfare check, and witnesses identified defendant running from the residence after they had heard a gunshot. Defendant's waiver of his right to counsel was voluntary, knowing, and intelligent. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 10, 2024, Case #: CR-22-701, Categories: Evidence, Murder, Due Process
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J. Wood partially rules in favor of the sheriff and police officers in a civil rights, malicious prosecution and negligent hiring action brought by the individual arising from her arrest for calling 911 about gunfire near her home. The charge against the individual was eventually dismissed. The individual failed to show that a causal connection exists between one officer's actions and the adverse effect on the individual's speech. However, a dispute of fact exists as to whether the individual engaged in protected speech and as to whether another officer had a subjective motivation to retaliate against and arrest the individual because of her speech. A jury must determine whether the officer had probable cause to arrest the individual.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: December 29, 2023, Case #: 2:20cv110, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Wood grants General Electric's motion to dismiss claims for breach of warranty and non-pecuniary damages raised by the executrix and flight crew members in an action arising after the decedent died and several of the crew members were injured in a helicopter crash that occurred during a military training exercise. However, the motion is denied with respect to the executrix's and crew members' product liability, punitive damages, wrongful death and survival claims. The political question doctrine does not bar adjudication of the claims.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: December 28, 2023, Case #: 4:19cv211, NOS: Airplane Product Liability - Torts - Personal Injury, Categories: Product Liability, Wrongful Death
J. Wood finds that the lower court properly found for the union in a dispute over its removal of a local's president due to political infighting. The president claims that the stated reasons for her removal were pretextual, and she was really removed for supporting Bernie Sanders instead of Hilary Clinton in the 2018 Presidential campaign. Incessant in-fighting between the local's top two leaders clearly impeded the local's ability to carry out its basic governance functions, and is reason enough to support the international's decision to remove the president from her position. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: December 26, 2023, Case #: 22-2957, Categories: Labor / Unions
J. Wood finds the trial court properly found the minor defendant guilty of manslaughter. Defendant shot her father in the chest with a 12-gauge shotgun as he slept after being reprimanded for smoking and cell phone use. Excluded expert medical testimony that defendant has PTSD would not assist the jury in determining whether her belief she was being victimized was objectively reasonable. A recording of a previous argument between the mother and father was properly excluded, as it would have added little to defendant's first-person account of abuse inflicted directly on her. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: December 13, 2023, Case #: CR-23-185, Categories: Evidence, Juvenile Law, Manslaughter
J. Wood finds that the lower court properly dismissed the death row prisoner's suit alleging he received constitutionally deficient medical care, and suffered a sexual assault in the U.S. Penitentiary in Terre Haute, Indiana. Dismissal of defendant's case was a reasonable sanction for defendant's conduct - submitting a forged document to support his claim that he exhausted his administrative remedies. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: December 13, 2023, Case #: 22-3308, Categories: Constitution, Evidence, Sanctions
J. Wood finds the circuit court properly denied defendant's petition for post-conviction relief from his conviction for multiple drug-related felonies. The presence of an HBO documentary film crew during the search of defendant's home did not violate rights against unreasonable search and seizure. Any questions as to the legality of the film crew's presence would not render the judgment void. Counsel pursued evidence suppression and claims of ineffective assistance are not supported. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: December 7, 2023, Case #: CR-23-160, Categories: Drug Offender, Evidence, Search
J. Wood finds the circuit court properly terminated the mother's parental rights to her child. The child tested positive for drugs, including meth, amphetamines, opiates and marijuana at birth, and the department exercised emergency custody after the mother failed to take part in services and was later arrested on drug charges. The mother���s failure to participate in services and her instability support the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: December 6, 2023, Case #: CV-23-502, Categories: Evidence, Family Law, Guardianship
J. Wood finds the circuit court properly dismissed defendant's petition for a writ of habeas corpus challenging his conviction as a habitual offender for rape and aggravated robbery. Because defendant pleaded guilty and does not argue the convictions are invalid, the claims fall outside the scope of a writ of habeas corpus. He challenges evidence sufficiency, which would require the court to ignore the guilty plea to examine the evidence of guilt. This is not cognizable in habeas proceedings. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: November 30, 2023, Case #: CV-23-425, Categories: Habeas, Robbery, Sex Offender
J. Wood dismisses this interlocutory appeal as moot. The appeal regards the court's vacating the lower court's certification of class for nursing home residents who allege the homes were understaffed, resulting in insufficient care. A majority of the court has already granted a writ of certiorari vacating class-certification because the order was entered before an order on pending motions to compel arbitration.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: November 16, 2023, Case #: CV-23-95, Categories: Health Care, Tort, Due Process
J. Wood finds the circuit court properly ruled that the particular immunity sought by school district members applies to the state civil rights claims brought by the substitute teacher who says that her child was mistreated by a teacher at the school. The substitute was not allowed to work in the district after filing an ethics complaint, and brought state and federal claims against the district. State assertions of immunity must yield to the claims brought under federal civil rights law. Affirmed in part. Reversed and remanded in part. Motion to dismiss appeal denied. Motion for partial dismissal dismissed.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: November 9, 2023, Case #: CV-22-143, Categories: Civil Rights, Employment, Immunity
J. Wood finds the circuit court properly distributed the decedent���s estate. The son, heir, and administrator of his father���s estate died 10 months after the father���s death and another son was appointed as administrator of the father���s estate. This son filed a petition for final distribution of the estate, claiming that the was the administrator of his brother���s estate as well. A sister was appointed administrator of the brother���s estate and filed a petition for amended distribution, saying that she was entitled to the deceased brother���s share of the father���s estate as the brother���s estate administrator, and accusing the other brother of fraud. The sister, who is the appointed administrator, is entitled to the deceased brother���s estate for the benefit of his heirs at law. This holds regardless of the wording of the father���s, will which expressly disinherits the brothers��� heirs. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 8, 2023, Case #: CV-22-551, Categories: Fraud, Wills / Probate
J. Wood finds the trial court properly convicted defendant for domestic battering, terroristic threatening and aggravated assault on his wife. The wife testified that her husband accused her of cheating, then grabbed her by the hair, pushed her to the ground, hit her in the head, strangled her with a phone cable, threatened to kill her and plunged her face into the dog���s water and food bowls. She suffered long-term injuries, including permanent scarring, damage to a vocal cord and a brain injury. All evidence, including photos taken by police, supports the convictions, though the evidence does not support the conviction for first-degree battery. This conviction is changed to the lesser included offense of third-degree battery. Affirmed as modified.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 8, 2023, Case #: CR-22-537, Categories: Assault, Battery, Terrorism
[Consolidated.] J. Wood denies the company's motions to dismiss four negligence actions brought by injured drivers and family members of now-deceased individuals arising from a traffic accident caused by the truck driver. Georgia's consent-by-registration statute is not unconstitutional and subjecting the company to general jurisdiction does not violate the Dormant Commerce clause. The company is licensed to transact business in Georgia and therefore consents to jurisdiction in Georgia. The drivers and family members presented sufficient evidence to show that the company is subject to specific jurisdiction in Georgia and that there was a lease agreement between the company and the agent for the truck driver's truck.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: November 6, 2023, Case #: 2:22cv76, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Jurisdiction
[Consolidated.] J. Wood finds two of lower courts in these three consolidated Second Amendment cases properly refused to enjoin Illinois's laws regulating assault weapons and high-capacity magazines. These regulated weapons are not required for self-defense, and are therefore not protected by the Second Amendment. There is a long tradition supporting a distinction between weapons and accessories designed for military or law-enforcement use, and weapons designed for personal use. Affirmed in part.
Court: 7th Circuit, Judge: Wood, Filed On: November 3, 2023, Case #: 23-1353, Categories: Civil Rights, Constitution, Firearms
J. Wood finds the county court properly determined certain property to be marital property in this marriage dissolution, awarding the ex-wife spousal support as well as ordering her to repay money withdrawn from the ex-husband���s nonmarital business accounts while denying her request for rehabilitative alimony. No corroborating evidence or testimony that the ex-husband���s parents intended money used to purchase property during the marriage to be a gift. Spousal support was properly awarded to be paid during the divorce proceedings as the ex-wife no longer worked for the husband���s business. Though the wife previously worked for the business, it was the husband���s premarital property, and she did not have authority to withdraw money from the business���s accounts. Affirmed on direct and cross-appeals.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 1, 2023, Case #: CV-22-186, Categories: Family Law, Property, Contract
J. Wood finds the county court improperly certified this class action arising upon the medical group���s alleged violation of the Patient Right-To-Know Act by its failure to provide the terminated doctor with a list of his patients, or to inform the patients of the doctor���s new location. The predominance prerequisite was not satisfied. Being that not all of the doctor���s patients were affected, the court would have had to have made individual inquiries to determine whether the group failed to respond to any one patient���s request or if it misled patients. This was not done. Reversed and remanded.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: October 26, 2023, Case #: CV-23-42, Categories: Civil Rights, Health Care, Class Action
J. Wood finds the circuit court properly found the dentist���s malicious prosecution and civil conspiracy claims brought against his patients, who say that the dentist sexually abused them while under anesthesia, are barred by collateral estoppel. The dentist did not establish the elements of malicious conduct and lack of probable cause necessary to prove his federal malicious prosecution claim, and that claim fails in state court. Because his federal conspiracy claim was predicated on malicious prosecution, the state claim for civil conspiracy fails. The court���s decision regarding a failure to properly serve is reversed. Affirmed in part. Reversed and remanded in part.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-20-366, Categories: Malicious Prosecution, Assault
J. Wood finds the circuit court properly awarded primary physical custody of the parties��� daughter to the wife with standard visitation to the father. The presiding circuit judge retired and was replaced by another judge during the pendency of the court of appeals��� reversal and remand of the court���s denial of the father���s request that the court issue findings of fact and conclusions of law. The Arkansas Supreme Court assigned a temporary judge for the limited purpose of entering findings of fact and conclusions of law, and it had jurisdiction to do this. The appeals court will not reweigh evidence which the circuit court found to show that the parents��� level of cooperation and communication does not support joint custody. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-23-46, Categories: Family Law, Due Process, Guardianship
J. Wood finds the circuit court properly denied the father���s petition for modification of custody. The father alleges that the mother allowed a man to whom she was not married to stay in her home while their child was present, violating the divorce decree, and had perpetrated a fraud by falsely testifying that this was not true. The court did not clearly err in finding that the mother did not violate the decree because she was not living with the man. The court also made several other findings in support of its conclusion that there had been no material change of circumstances. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-22-595, Categories: Evidence, Family Law, Guardianship
J. Wood finds the county court properly terminated the father���s parental rights to his minor child. The Department of Human Services opened its dependency-neglect case due to concerns of domestic violence and drug use after the children were removed; the circumstances posed an immediate danger to their health and well-being. Evidence was sufficient to prove statutory grounds that the father is a parent. That his acknowledgment of paternity was not introduced at the termination hearing is not determinative because paternity was previously established at the adjudication hearing. The adjudication order was entered into evidence at termination. The court made two specific findings of paternity and stated the basis for the findings. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 18, 2023, Case #: CV-23-251, Categories: Evidence, Family Law, Guardianship
J. Wood, in chambers, grants the prisoner's motion for leave to proceed on appeal in forma pauperis. The district court did not adequately consider the balance the Prison
Litigation Reform Act struck between the need to collect fees and a prisoner���s discretionary use of his funds. Even if the prisoner spent his money at the prison commissary instead of on court fees, there is nothing to suggest he deliberately depleted his account to avoid payment.
Court: 7th Circuit, Judge: Wood, Filed On: October 10, 2023, Case #: 23-1086, Categories: Prisoners' Rights