158 results for 'filedAt:"2023-11-29"'.
Per curiam, the Supreme Court of Ohio finds attorney Jack Allen Blakeslee will be suspended from the practice of law for one year for throwing a feces-filled Pringles can into the parking lot of a victim advocacy center while representing a juvenile client in a criminal case. Blakeslee admitted to throwing similar feces-filled items on at least 10 other occasions, a pattern of misconduct that warrants a suspension, although six months will be stayed as long as he commits no further misconduct.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 29, 2023, Case #: 2023-Ohio-4202, Categories: Sanctions, Attorney Discipline
J. Wilkinson finds the lower court properly dismissed the gang member's motion to vacate his conviction of possessing a firearm in furtherance of a crime of violence. Violent crimes in aid of racketeering activity with a dangerous weapon remain a crime of violence despite the Supreme Court's ruling narrowing down what crimes count as crimes of violence. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: November 29, 2023, Case #: 21-7257, Categories: Firearms, Racketeering, Gangs
J. Schlegel finds that the trial court properly determined that a condominium owner's claims against the attorneys who represented the condominium association in a prior case had prescribed. The condominium owner's claims do not arise from alleged legal malpractice but are based on negligence or intentional torts. Therefore, the peremptive period for legal malpractice claims does not apply. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: November 29, 2023, Case #: 23-CA-118, Categories: Civil Procedure, Negligence, Contract
J. Egan finds the trial court did not plainly err when it imposed a $255 “Intoxication Conviction Fee” without considering defendant's ability to pay. “The obligation of the court is only to consider the defendant’s financial resources and the defendant’s ability to pay when imposing a fine at sentencing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A178430, Categories: Sentencing, Dui
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J. Gravois finds that defendant was properly convicted of manslaughter for the death of another inmate. Defendant was not allowed to elicit testimony from an inmate witness regarding other investigations because those investigations were not relevant to the matter. Defendant was allowed to cross-examine the witness regarding his convictions, his statement regarding the instant case, and the details of his plea agreement. Further, evidence of defendant's past crimes was properly admitted because, in both crimes, defendant punched the victims in the face hard enough to break their jaws, showing a pattern. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 29, 2023, Case #: 23-KA-128, Categories: Evidence, Manslaughter, Witnesses
J. Egan finds the trial court properly denied acquittal to defendant, convicted of eluding a police officer. “A rational trier of fact… could have found beyond a reasonable doubt that defendant did flee or attempt to elude a police officer.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A177554, Categories: Evidence
J. Hellman finds the trial court erred by awarding restitution to the organization that paid for an evaluation of the child at a child abuse assessment center. “The state failed to identify any theory of civil recovery that would allow [the center] to recover from defendant the cost of the forensic interview…that occurred after a referral by police, was at least partly for investigatory purposes, and for which neither the victim nor the victim’s family would ever be billed.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 29, 2023, Case #: A175263, Categories: Sex Offender, Restitution, Child Victims
J. Rodriguez partially grants summary judgment in favor of civil rights advocates and the United States in a major ongoing case challenging the validity of a new voting security law in Texas. Some aspects of the law violate the Civil Rights Act of 1964 and should not be enforced, including rules requiring Texas voting officials to automatically reject mail-in ballots or applications regardless of whether that person is eligible to vote in Texas.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: November 29, 2023, Case #: 5:21cv844, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
J. Kirsch finds for the elementary school in claims contending an employee's contract was not renewed due to his disability. Other teachers complained the employee had not remained calm during a fire drill and had been agitated around children, and the statement that the employee's discharge would be "neat and clean" did not establish disability animus. Meanwhile, the employee's leave requests had all been granted.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 29, 2023, Case #: 3:18cv16354, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Lagesen finds the post-conviction court properly denied relief to defendant who pled guilty to first-degree theft, burglary, felon in possession of a firearm and unauthorized use of a vehicle. “Petitioner’s trial counsel was not required to advise in 2018 about the possibility of the United States Supreme Court 2020 decision finding Oregon’s nonunanimous jury rule unconstitutional.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: November 29, 2023, Case #: A178925, Categories: Burglary, Firearms, Theft
Per curiam, the appellate division finds that the lower court denied the man's motion to strike the company's answer or preclude it from offering certain evidence in a suit accusing the company of fraudulently conveying real property. Despite the company's failure to timely challenge the discovery demand, the court was entitled to independently find that the discovery demands were burdensome and oppressive. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 29, 2023, Case #: 06133, Categories: Fraud, Discovery
J. Nardacci dismisses with prejudice a civil rights complaint filed by the parents of a homeschooled child alleging their local school district falsely reported them to child services on suspicions of child educational neglect. The district is immune from liability because the superintendent performed his statutory duty under New York state law by reporting the family after they failed to provide a quarterly report regarding the child’s educational progress.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: November 29, 2023, Case #: 1:23cv388, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Pryor finds that the district court properly convicted defendants of conspiracy to distribute and dispense controlled substances not for a legitimate medical purpose and not in the usual course of professional practice. However, one defendant was improperly convicted of distributing controlled substances not for a legitimate medical purpose and outside the usual course of professional practice. Defendants were doctors who participated in a pill mill scheme. The district court's instructions to the jury on the substantive distribution counts against one defendant were improper in light of the U.S. Supreme Court's 2022 decision in United States v. Ruan. The district court's error likely affected defendant's substantial rights. Affirmed in part.
Court: 11th Circuit, Judge: Pryor, Filed On: November 29, 2023, Case #: 20-13973, Categories: Drug Offender, Jury Instructions
J. Guidry finds that the trial court properly dismissed a slip and fall suit against the store and its insurer. The patron did not show the store had actual or constructive notice of the alleged dangerous condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: November 29, 2023, Case #: 2023CA0559, Categories: Negligence
J. Gremillion finds that the trial court properly dismissed the dealer services company's breach of contract suit against the automotive group over the failure to meet sales quotas for various services including extended warranty contracts. The witness and expert testimony supports the finding that the dealer agreement was not valid due to a forged signature. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: November 29, 2023, Case #: CA-23-195, Categories: Vehicle, Contract
J. Kyzar finds that the trial court properly dismissed the suit against the combine manufacturer over injuries and damages that occurred when the operator of a combine was using an auger to offload rice when it contacted a power line. The suit was prescribed since it was not filed within the one-year period from when the injury was sustained. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 29, 2023, Case #: CA-23-263, Categories: Civil Procedure, Product Liability
J. Anello awards the borrower $82,000 in attorney fees after agreeing to a $40,000 settlement in his case alleging that the mortgage company inaccurately reported to credit agencies that he was behind on his payments. The mortgage company's settlement offer did not state that attorney fees or costs were included, so the borrower is entitled to an award of attorney fees as the prevailing party.
Court: USDC Southern District of California, Judge: Anello, Filed On: November 29, 2023, Case #: 3:22cv345, NOS: Consumer Credit - Other Suits, Categories: Settlements, Banking / Lending, Attorney Fees
J. Weisman partially grants a trust beneficiary’s motion to compel the production of documents by other trust beneficiaries — her siblings — regarding 19 law firms and businesses in which the trust’s deceased creator held his real estate investments. As laid out in the ruling in more detail, the court compels production of some documents related to these entities, but denies the beneficiary’s request for other documents.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: November 29, 2023, Case #: 1:21cv5756, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Real Estate, Trusts, Racketeering
J. Reed finds a lower court properly dismissed a group of travelers and gypsies' challenge of newcomer injunctions ignited by the local City council. The travelers and gypsies argued that they are entitled to set up encampments on certain properties. However, the City council sufficiently showed in court that the groups are obligated to gain permission before taking over plots of land in prominent locations. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: November 29, 2023, Case #: 23UKSC47, Categories: Property, Injunction