187 results for 'judge:"Johnson"'.
J. Johnson finds the trial court properly convicted defendant for burglary of a habitation. Fingerprints lifted at the scene matched defendant's, and all other evidence supports the conviction. Though the location of the burglary was an uninhabited garage apartment where the homeowners stored belongings while they temporarily lived elsewhere during the restoration of their house, the apartment was habitable, meeting the statutory definition of habitation. Defendant was not entitled to the lesser-included instruction on burglary of a building. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-22-00112-CR, Categories: Burglary, Evidence
[Consolidated] J. Johnson finds the trial court properly convicted defendant for possession with intent to deliver a controlled substance and unlawful possession of a firearm by a felon based on sufficient evidence. The arresting officer had reasonable suspicion to conduct a search the vehicle defendant was driving as defendant was not the registered owner, was behaving nervously and the car's registration was not current. The officer discovered various drugs, as well as a shotgun in the vehicle. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-22-00145-CR, Categories: Drug Offender, Evidence, Search
J. Johnson finds the trial court properly convicted defendant for evading arrest or detention with a motor vehicle. The record supports the state’s race-neutral explanation for its peremptory strikes of jurors with Hispanic surnames. Other jurors with Hispanic surnames served on the jury and the trial court could have reasonably determined that defendant failed to meet his burden to show that the facially neutral reason was pretextual. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-23-00070-CR, Categories: Jury, Escape, Vehicle
J. Johnson finds that defendant was properly convicted on six counts of drug and gun related charges. Defendant's challenge to a juror was properly denied because the challenged juror stated that he could be impartial when looking at the evidence. Further, the trial court properly denied defendant's motion to quash the superseding bill of information, which listed defendant's seven prior convictions, because listing multiple prior convictions is permissible to prove an element of possession of a firearm by a convicted felon. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: December 4, 2023, Case #: 2023-KA-0271, Categories: Drug Offender, Firearms
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J. Johnson partially affirms the defendant's criminal sexual conduct convictions and sentence. The defendant's guilty please are not invalidated by an unfulfilled promise of concurrent, rather than consecutive, stayed prison sentences, but he retains a right to post-conviction relief and to develop a factual record regarding the terms of his plea agreement. The consecutive stayed prison terms are not authorized by state law in this case, however, and so this case is remanded for resentencing. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 4, 2023, Case #: A23-0134, Categories: Sentencing, Sex Offender
J. Oden Johnson finds that the lower court properly dismissed the retirees' claims against the city seeking additional money and guarantees of health care. In a prior appeal, this court already found that the retirees' have "no right to receive" either money or additional healthcare guarantees from the city or its four pension funds. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: December 1, 2023, Case #: 211317, Categories: Health Care, Pensions
J. Johnson finds that a property owner's motion for leave to present additional evidence into an administrative record was properly denied. Evidence of the abatement of the property at the time of the administrative hearing is irrelevant due to its untimeliness and was not the condition of the property at the time of the hearing. Further, evidence presented at the administrative hearing established that the property was in violation of city ordinances, and that the property owner was remediating the property at the time of the hearing. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 29, 2023, Case #: 2023-CA-0379, Categories: Evidence, Property, Contract
J. Johnson finds that the farmers did not show their equal protection rights were violated when they applied for their borrow pit permit from the Plaquemines Parish Government. The farmers claim they lost almost $1 million because the parish prevented them from excavating 324,000 cubic yards of clay to be used in a levee construction. In this case, the farmers did not establish how they were treated differently from other borrow pit operators, despite being the only operators required to backfill for having their borrow pit exceed ten acres. Further, the farmers do not show that an unconstitutional taking took place because the property had been used for other economically beneficial purposes such as a farm. The farmers were still able to make a profit by excavating some of the clay from their property after submitting their second borrow pit application. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 21, 2023, Case #: 2023-CA-0098, Categories: Property, Contract
J. Johnson grants the dismissal motions filed by the city and the police chief in this lawsuit brought by a former police officer who was allegedly terminated for certain social media posts that violated department rules. The posts at issue were made prior to his employment with the police department, and he contends in this suit that his First Amendment rights were violated by his termination. However, the city's interest "in maintaining a police force that instills public confidence" outweighs the former police officer's interest "in his protected speech."
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: November 21, 2023, Case #: 4:19cv538, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, First Amendment
J. Johnson denies the healthcare providers' motion to exclude expert testimony, ruling the estate's witness has worked closely with correctional facility nurses throughout his career and is well-acquainted with protocols at such facilities; therefore, he is qualified and his testimony will be highly relevant to the outcome of the case. Meanwhile, the estate's motion to limit the providers' expert testimony in granted in regard to potential hearsay about the victim's prior methamphetamine use because such statements would be outside the scope of the physician's area of expertise.
Court: USDC New Mexico, Judge: Johnson, Filed On: November 21, 2023, Case #: 1:22cv288, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. Johnson denies, in part, the general contractor's motion to dismiss, ruling while it did not breach the services contract with the subcontractor when it altered the scope of work on a bridge construction project, its decision to dismiss pass-through claims with the New Mexico Department of Transportation related to the alterations presents a viable contract claim for the subcontractor, who was unable to seek reimbursement from the DOT for cost increases.
Court: USDC New Mexico, Judge: Johnson, Filed On: November 16, 2023, Case #: 1:23cv188, NOS: Other Contract - Contract, Categories: Construction, Contract
J. Johnson finds that defendant was properly convicted on three counts of second degree murder and one count of possession of a firearm by a convicted felon. Evidence from surveillance video, phone records, and eyewitness testimony shows that defendant was wearing a red sweatshirt at the crime scene in the backseat of a car. A police officer testified that all three victims’ wounds were consistent with the shooter firing a 9 mm/.380 caliber gun from the back seat of a vehicle. A witness testified that defendant was known to carry a 9 mm gun with an extended clip, and other witnesses testified to seeing a man in a red sweatshirt running away from the scene of the crime. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 15, 2023, Case #: 23-KA-41, Categories: Evidence, Murder
J. Johnson finds that the trial court should not have found for a clothing store on a patron's trip and fall claim. In this case, the patron testified that the rack she tripped over was not open and obvious because it was across the aisle and covered by clothing. Further, store protocol required that an employee remain within 15 feet of the rack on the sales floor. Therefore, there is a genuine issue of material fact as to whether the store breached a duty to keep the store in a safe condition. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 8, 2023, Case #: 23-CA-53, Categories: Evidence, Negligence
J. Johnson finds that the trial court properly determined that a police officer was 100 percent at fault for a rear-end automobile accident. In this case, there is dash camera footage showing the injured driver flashing his brake light three times before stopping for a passing ambulance. Further, there was officer testimony that the police officer driver was "inattentive" and following too closely. Also, the police officer driver testified that he could not recall where he was looking immediately prior to the accident, and he had no recollection of the collision. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 8, 2023, Case #: 23-CA-67, Categories: Evidence, Negligence
J. Oden Johnson finds that the lower court properly denied the star athlete's motion for reconsideration of its order permitting a minor plaintiff to pursue sex assault charges under a fictitious name. The record is insufficient to evaluate the trial court's decision, so this court cannot find an abuse of discretion. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: October 29, 2023, Case #: 230867, Categories: Civil Procedure, Tort
J. Johnson finds that the customer can pursue her negligence and negligent misrepresentation claims against Alamo Rent a Car for renting out a vehicle that she inadvertently returned to Alamo even though she had rented the car from Budget. The customer says she called Alamo's corporate office and was assured that the car would be returned to Budget, but instead Alamo rented the car out and Budget charged the customer for failing to return the car. These allegations are sufficient to support her negligence-based claims.
Court: USDC Southern District of Mississippi , Judge: Johnson, Filed On: October 25, 2023, Case #: 3:23cv320, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, Negligence
J. Johnson finds that the district court properly awarded a Condominium Association $47,881 for past due condominium fees and a special assessment for Hurricane Ida damage. In this case, the condominium owner does not show that the Association breached its duty to repair a leak in his unit that caused a loss of rental income. The testimony from the owner establishes that the time gaps where the unit remained vacant between leases were due to the owner not promptly listing the unit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 24, 2023, Case #: 2023-CA-0080, Categories: Property, Contract
J. Johnson grants, in part, the employer's motion to dismiss, ruling the employee failed to exhaust administrative remedies for both her Title VII and Americans with Disabilities Act claims. Meanwhile, the individual defendants will also be dismissed because Title VII does not allow for claims of supervisory liability.
Court: USDC New Mexico, Judge: Johnson, Filed On: October 23, 2023, Case #: 1:23cv353, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Oden Johnson finds that the lower court properly awarded attorney fees to the car dealership after it compelled the parties to arbitration. Plaintiff's attorney filed three motions to reconsider which were not well-grounded in fact and appeared to be an effort to harass the dealership or delay the proceedings. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: October 20, 2023, Case #: 221590, Categories: Arbitration, Attorney Fees
J. Johnson finds the trial court properly terminated the mother’s parental rights to her four minor children. The mother’s appointed attorney submitted a brief contending that there are no meritorious issues for appeal, and the appeals court, by thorough review, finds nothing in the record to support and appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: October 19, 2023, Case #: 09-23-00131-CV, Categories: Family Law, Guardianship
J. Johnson finds that the trial court properly refused to dismiss property owners' claims stemming from an inaccurate survey that did not show retaining walls that had been built onto neighboring lots. A certificate of merit was not required in this case since the accused parties that performed the survey were not "licensed or registered surveyors." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 19, 2023, Case #: 10-22-00378-CV, Categories: Civil Procedure, Property, Negligence
J. Johnson reverses the defendant's second-degree murder conviction, finding that an erroneous jury instruction was not harmless. The instruction, which concerned the defendant's defense-of-others defense, erred in stating that the defendant had a duty to retreat or avoid danger if reasonably possible. Such an instruction contradicts the statutory right to use reasonable force to defend another person. This case is remanded for a new trial. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: October 16, 2023, Case #: A22-1424, Categories: Murder, Self Defense, Jury Instructions
J. Johnson finds the trial court improperly granted the mother’s motion to retroactively modify child support. Such an order should be based solely on clerical discrepancies between oral pronouncements and written orders. The retroactive order amounted to a substantive change from the judgment as it provided that the father would stop paying support only after the youngest child reached 18, altering the monthly amount to provide a monthly “step-down” for the third child once the twins turned 18 and until the youngest child did too. Reversed and rendered.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 12, 2023, Case #: 09-22-00327-CV, Categories: Family Law, Due Process, Contract
J. Johnson finds the trial court properly ruled in favor of the transmission repair shop in this suit brought by the vehicle owner who says his engine became “burn up frozen” after leaving it at the shop. The vehicle owner did not respond to the shop’s request for admissions and the shop was granted summary judgment by the justice of the peace on the shop’s allegations that it performed no work on the vehicle. Any alleged errors in the justice court, which is not a court of record, were mooted because its judgment was set aside once the owner appealed to the county court at law. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 12, 2023, Case #: 09-22-00377-CV, Categories: Evidence, Tort, Due Process
J. Johnson finds the trial court properly convicted the 18-year-old defendant for intoxication manslaughter of a police officer, occurring from an accident caused by his driving on the wrong side of the highway. Evidence shows that defendant did not have a driver’s license, had just attended one or more parties where alcohol was being served, and that his blood alcohol level was well over the legal limit. All evidence supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 11, 2023, Case #: 09-22-00269-CR, Categories: Evidence, Manslaughter, Vehicle