153 results for 'filedAt:"2024-02-20"'.
J. Miller finds that despite defendant's claim he did not assault the victim to steal her phone, the state was not required to prove his mental state to convict him of robbery. Rather, it was required to prove he threatened or inflicted serious physical harm on the victim and, therefore, his conviction was supported by sufficient evidence because he took the phone immediately after he punched and dragged the victim. Meanwhile, the failure by defendant's attorney to object to potential hearsay testimony from a detective about inconsistencies in the victim's story did not prejudice defendant or rise to the level of ineffective assistance of counsel. The victim's testimony alone was sufficient to convict defendant of all three offenses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: February 20, 2024, Case #: 2024-Ohio-629, Categories: Evidence, Ineffective Assistance, Robbery
Per curiam, the circuit finds that the district court properly granted a union dismissal of claims contending an employee's grievance over the amount of office space she was required to clean had not been taken to arbitration on grounds that she was Hispanic. The employee failed to demonstrate the union acted with animus by choosing to arbitrate a similar grievance filed by a non-Hispanic coworker because the coworker's claims concerned greater surface are and constituted a stronger complaint. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 20, 2024, Case #: 22-2753-cv, Categories: Employment Discrimination, Labor / Unions
J. DuBose grants, in part, a hip replacement manufacturer’s motion for summary judgment brought by a patient who developed medical complications from flaws in the replacement. The patient states that just six weeks after the procedure, she was walking and heard a popping noise, and adds that her hip locks up, causing her to fall. The doctor found in her radiograph the hip was eccentrically located and needed a revision surgery, then another surgery to address infection. The patient failed to show evidence for all claims except the implied warranty one. The manufacturer also moved to exclude all opinions from experts. The first expert will be prohibited from testifying about an alternative design, and the second witness, a doctor, is excluded due to his reliability to testify as to alternative design.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: February 20, 2024, Case #: 1:22cv190, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts
J. Martinez-Olguin allows some class claims to continue against Simpson Imports from consumers who say the company sells canned tomatoes that are labeled as being higher-end San Marzano tomatoes, when they are actually standard tomatoes. The products are sold with "SMT" on the label that the company claims stands for San Merican tomato, and while that interpretation may hold up later in court, at this early stage it is plausible that consumers are being duped into believing that the label is referring to the more expensive San Marzano.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: February 20, 2024, Case #: 3:23cv2214, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. McGrath finds the district court improperly upheld the justice court’s denial of a woman’s motion to dismiss for lack of speedy trial when she was charged with six misdemeanor traffic violations. This court holds the state failed to demonstrate good cause for the delay after the woman’s trial was held without her present. Reversed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: February 20, 2024, Case #: DA 21-0645, Categories: Speedy Trial, Due Process, Civil Rights
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J. Pinson finds that the trial court properly convicted defendant of murder and aggravated assault following his guilty plea. Defendant's plea was made voluntarily even though he was not informed of his right against self-incrimination. The Georgia Supreme Court switches course on its prior precedent with respect to overturning guilty pleas and rules that a guilty plea is valid so long as the record shows that it is voluntary and intelligent under the totality of the circumstances. A plea may be valid even if a defendant is not expressly advised on the record of his rights to a jury trial, to confront witnesses against him and his right against self-incrimination. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: February 20, 2024, Case #: S23A0840, Categories: Murder, Plea
J. Berkenkotter finds the trial court erroneously ruled in favor of the landlord on his eviction claim because Colorado law allowed the tenant to assert the affirmative defense of retaliation under the Colorado Fair Housing Act. Although a landlord may bring a forcible entry and detainer action against a tenant for "no reason or any reason," due process requires a tenant be given the opportunity to rebut evidence presented by the landlord; therefore, the tenant in this case must be allowed to present her retaliation claim based on allegations the landlord evicted her when she refused to have sex with him. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: February 20, 2024, Case #: 2024CO11, Categories: Civil Procedure, Landlord Tenant, Housing
J. Baker finds that the trial court should have taken judicial notice of an injured pedestrian's low blood alcohol content after admitting into evidence that he had been drinking before he was struck by a vehicle while walking in a crosswalk. Judicial notice does not require the introduction of evidence as proof of a fact. Reversed in part.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 20, 2024, Case #: DA 23-0134, Categories: Evidence, Negligence
J. Snyder grants an individual's motion to set aside default judgment against him for failure to appear at a court-ordered hearing. The individual was ordered to pay $1.6 million in damages. The individual claims that he was not aware that the case had been continuing without his participation and without any attorneys representing him, and therefore the default judgment is void. There is no evidence in the record that a meaningful effort was made to locate the individual to serve him, beyond publishing notice in a newspaper in Los Angeles despite knowing that the individual did not reside in California.
Court: USDC Central District of California, Judge: Snyder, Filed On: February 20, 2024, Case #: 2:16cv6196, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
Per curiam, the circuit finds the district court improperly granted Amazon's motion to dismiss an employment discrimination claim filed by an employee who experienced exhaustion based on a task he says only men were assigned to because of its physical rigor. The court granted the motion based on failure to state a claim, being there was no ultimate employment decision at question. However, the circuit has previously held that “a plaintiff need only show that [he or] she was discriminated against, because of a protected characteristic." Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 20, 2024, Case #: 23-10556, Categories: Due Process, Employment Discrimination, Employment Retaliation
J. Southwick finds the district court properly found the investors' challenge of the bankruptcy court's removal of subrogation rights was statutorily and equitably moot. Provisions of the bankruptcy reorganization of the energy company, which stripped the sureties of their subrogation rights, were integral to the sale of the company's assets. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: February 20, 2024, Case #: 23-20104, Categories: Bankruptcy, Construction, Debt Collection
J. Magnsuon denies the activists' motion for a preliminary injunction and dismisses their case asserting that the use of data from drivers' license databases to conduct state-sponsored voter-registration drives violates the federal Drivers Protection and Privacy Act. Sovereign immunity bars the activists' claims and there are no allegations in the complaint suggesting that the defendant state officials bear more than official responsibility for enforcing a legitimately enacted state policy. This suit, therefore, is substantially a suit against the state rather than the officials.
Court: USDC Minnesota, Judge: Magnuson, Filed On: February 20, 2024, Case #: 0:23cv3159, NOS: Other Statutory Actions - Other Suits, Categories: Elections, Immunity, Privacy
J. Odenwald finds that the lower court properly convicted defendant of resisting arrest and assault after admitting evidence that, at the time of the arrest, defendant had been charged in a neighboring jurisdiction with kidnapping and assault. Defendant cannot show any miscarriage of justice resulted from the admission of this evidence. Affirmed.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: February 20, 2024, Case #: ED111230, Categories: Evidence, Assault, Resisting Arrest
J. Hardin-Tammons finds that the lower court properly allocated a portion of the settlement proceeds to the subrogee-insurer, which paid the homeowners $722,000 for property damage after a house fire. The policy provides the insurer the right to recover from parties responsible for its losses, even here where the settlement was for personal injuries not property damages. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: February 20, 2024, Case #: ED111805, Categories: Insurance, Contract
J. Albrecht finds that the lower court properly found the candidates' circulator affidavits complied with statutory requirements and allowed them to be included on the March 2024 primary election ballot as candidates for nomination of the Democratic Party for election to the office of Appellate Court Judge in the First District of the State of Illinois. The circulators substantially complied with the law when they claimed the signatures were collected between September 5 and December 4, 2023, even if the nominating petitions were filed on November 27. Affirmed.
Court: Missouri Court Of Appeals, Judge: Albrecht, Filed On: February 20, 2024, Case #: 240224, Categories: Elections
Per curiam, the appellate division finds that the lower court properly declined to reserve the housing agency's decision to retroactively remove a rent reduction order retroactive to 2020 rather than 1989. The order was entered following a fire at the apartment in 1987, but the landlord did not submit an application for rent restoration until 2020, at which point it proved the apartment was once again habitable. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 20, 2024, Case #: 00853, Categories: Administrative Law, Housing
Per curiam, the appellate division finds that the lower court improperly dismissed the non-profit's request for records based on the agency's assertion of the intra-agency materials exemption. The non-profit is entitled to in camera review of the withheld documents to determine the applicability of the exemption to the documents, which are plainly relevant to the non-profit's request. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 20, 2024, Case #: 00860, Categories: Public Record
J. Rovner finds that the lower court properly denied the prisoner's habeas petition alleging actual innocence and prosecutorial misconduct. Evidence that an interrogating detective coerced confessions in other cases is not enough to show the prisoner's actual innocence, because it is possible for the detective to be abusive and a liar and for the prisoner to still be guilty of murder. Further, the prisoner cannot show that the prosecutors had any reason, at the time, to disbelieve a witness's lineup identification despite the witness's later denial that he ever identified anyone in a lineup. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: February 20, 2024, Case #: 21-1375, Categories: Constitution, Habeas, Prisoners' Rights
J. Wright grants a roofing company's motion to set aside default and denies a construction company's motion for default judgment in a contract dispute. The construction company alleges that the roofing company performed defective work in a construction project for an arts and recreation center. The construction company terminated the contract and hired a third party to complete the roof. The roofing company has said that its delay in responding was due to a clerical error and that it is interested in working toward a resolution or settlement in the matter. The construction company's motion for default judgment is denied for the same reasons as its first order denying the same request; the construction company has not provided any further specific context in its renewed motion.
Court: USDC Central District of California, Judge: Wright, Filed On: February 20, 2024, Case #: 2:20cv3432, NOS: Other Contract - Contract, Categories: Contract
J. Gibbons finds the county court properly denied defendant's petition for a writ of mandamus. Defendant seeks to challenge the court's denial of his motion to dismiss his DUI charge, claiming he faces fines in excess of $1,000, which raises the offense above that of a misdemeanor, depriving the court of jurisdiction. The legislature has shown its clear intent in requiring payment of a civil penalty, and defendant has failed to show he will pay a criminal penalty. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 20, 2024, Case #: 87000-CoA, Categories: Dui, Jurisdiction