286 results for 'cat:"Judiciary"'.
J. Gamble finds that defendant was properly convicted of sexual abuse and lascivious acts with a child for abusing his 7-year-old daughter because the trial judge did not exhibit bias even though he had previously sentenced defendant for the same crime in a ruling that had been overturned on appeal. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gambill, Filed On: December 20, 2023, Case #: 22-0937, Categories: judiciary, Sentencing, Sex Offender
Per curiam, the Georgia Supreme Court accepts attorney Steven Ryan Webster's voluntary surrender of his license to practice law. The attorney admitted to violations of the Georgia Rules of Professional Conduct arising from multiple actions including his failure to return money he received as the closing attorney for a property sale that was eventually terminated. The attorney also failed to disburse funds owed to a title company and failed to remit premiums during his time as a title insurance agent.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: December 19, 2023, Case #: S24Y0019, Categories: judiciary, Attorney Discipline
Per curiam, the Georgia Supreme Court accepts attorney Ashutosh S. Joshi's voluntary surrender of his license to practice law for his admitted violation of one of the Georgia Rules of Professional Conduct. The attorney knew that his client's co-conspirator was represented by another attorney at the time he met with the co-conspirator in jail without permission. The attorney is alleged to have misrepresented to jail staff that he was the attorney for the co-conspirator but he has not admitted to that misconduct and the allegation has not been resolved. Even if the attorney were found to have committed additional violations of the rules, the maximum sanction against him would be no greater than the surrender of his law license.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: December 19, 2023, Case #: S23Y0975, Categories: judiciary, Attorney Discipline
J. Moeller grants the public defender's petition for a writ of mandamus arising from the district court's refusal to allow him to appoint a defendant a new attorney due to a conflict of interest. The public defender has the authority to arrange counsel for indigent clients due to a conflict of interest or for any other reason. Other conflicts will be addressed by the newly appointed judge in the matter.
Court: Idaho Supreme Court, Judge: Moeller , Filed On: December 18, 2023, Case #: 50987, Categories: judiciary, Due Process
J. Upadhyaya denies a news network's motion for recusal in a defamation case filed by an election technology and software company. The judge's prior representation in the Maduro case concerning reports of election integrity in Venezuela does not constitute the same matter in controversy.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: December 16, 2023, Case #: 1:21cv2900, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, judiciary, Defamation
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J. Riggs finds that the court of appeals properly overturned the decision declining to hear oral testimony at a summary judgment hearing in this breach of lease complaint because the court's misinterpretation of statute led it believe it was not permitted to allow testimony. Reversed.
Court: North Carolina Supreme Court, Judge: Riggs, Filed On: December 15, 2023, Case #: 351A22, Categories: judiciary, Contract
J. Willett dismisses the former nurse's appeal of her more than 20-year-old drug conviction. Though she has maintained her innocence of charges arising from police officers' finding of cocaine on the ground near where she was standing, a district attorney who was also working as a law clerk consistently advised the judge to draft adverse rulings in her case. He was disbarred after his retirement. The former nurse cannot show favorable termination of her conviction, and her civil rights suit cannot proceed. Affirmed.
Court: 5th Circuit, Judge: Willett , Filed On: December 14, 2023, Case #: 22-50998, Categories: Drug Offender, judiciary, Civil Rights
J. Gravois finds that the trial court should not have denied a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-C-589, Categories: Evidence, judiciary, Contract
J. Neeley finds the trial court properly convicted defendant for theft by a public servant. Defendant, the newly elected county constable, was captured on bodycam stealing from a home where he was serving eviction papers. Defendant's motion to recuse the judge for hostile statements involving treating defendant like anyone else and keeping his case at the top of the docket do not support recusal. Defendant was not allowed to carry a gun while working, which put him in danger. This is a non-biased reason for keeping the case at the top of the docket, and impatient tones of voice do not establish bias or partiality. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: December 6, 2023, Case #: 12-22-00321-CR, Categories: Fair Trial, judiciary, Theft
Per curiam, the Massachusetts Court of Appeals affirms an order which struck a notice of appeal of an appeal bond order. Even though the statute allowing a defendant in a summary process action to appeal an appeal bond order to the single justice doesn’t include an appeal of a single justice’s order doesn’t mean that a single justice’s appeal bond order escapes further evaluation.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: December 5, 2023, Case #: 22-P-799, Categories: judiciary, Foreclosure
J. Cunningham finds that the appeals court improperly reversed defendant's convictions, finding his motion for substitution of judge was exempt from being deemed abandoned because the court never ruled on it. Defendant never obtained a ruling on his motion for substitution, and it must be deemed abandoned, otherwise a defendant could knowingly build error into the record by allowing a motion to remain unaddressed. Reversed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: November 30, 2023, Case #: 128474, Categories: Criminal Procedure, judiciary
J. Aarons finds that a county judge should be barred from enforcing his decision to dismiss a murder indictment when the prosecution opted not to participate at trial following the denial of an adjournment request seeking additional preparation time because the judge acted outside his authority in staging a "charade" trial until counsel moved for dismissal instead of crafting another remedy. The judge is also prohibited from enforcing a sanction he permitted defendant to choose after the prosecution failed to provide an expert witness disclosure, which constituted an improper delegation of judicial authority.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 30, 2023, Case #: 535974, Categories: judiciary, Discovery
J. O'Neil finds a lower court improperly denied a defendant's motion for a peremptory change of judge. The state argued that the defendant, who was indicted on charges of sexual conduct with a minor, was not entitled to notice of change of judge based on untimeliness. However, the defendant presented sufficient evidence in court that he had not previously waived his rights to for a new judge. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: November 30, 2023, Case #: 2 CA-SA 2023-84, Categories: judiciary, Sex Offender
Per curiam, the court of appeal grants the department of corrections' motion to prevent the public defender from representing defendant in a civil restitution action because the public defender is not authorized to do so. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: November 29, 2023, Case #: 2D23-729, Categories: judiciary
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed an individual's request for a writ of prohibition. Even if it erroneously granted the Republican Party's request for attorney fees stemming from frivolous conduct without holding the required hearing, it maintained jurisdiction over the case, which prevents any prohibition relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 28, 2023, Case #: 2023-Ohio-4188, Categories: Civil Procedure, judiciary, Jurisdiction
J. Donnelly finds that former Hamilton County Juvenile Court Judge Tracie Hunter will be indefinitely suspended from the practice of law for a felony conviction that stemmed from her conduct as a judge, which included allowing social, political and family interests to influence her actions. Hunter sent a letter to the corrections facility that employed her brother and requested various documents while he was being investigated for misconduct and she was eventually convicted of a single charge of unlawful interest in a public contract. Although she had no prior disciplinary record, she refused to acknowledge the wrongful nature of her conduct and must be suspended indefinitely.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: November 21, 2023, Case #: 2023-Ohio-4168, Categories: judiciary, Sanctions, Attorney Discipline
Per curiam, the Arkansas Supreme Court amends certain rules of civil procedure regarding court procedure for filing involuntary dismissals via electronic methods rather than through the mail. The opinion also specifies that procedures for emergency relief will follow those outlined in rules for issuing temporary restraining orders unless applicable statute specifies another procedure.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: November 16, 2023, Case #: 2023 Ark. 167, Categories: Civil Procedure, judiciary