156 results for 'judge:"Moore"'.
J. Moore affirms the defendant's first-degree murder conviction, finding that the state has provided sufficient evidence to prove that the defendant intended to kill his victim when, while using methamphetamine, he entered his neighbor's home and stabbed her with a kitchen knife. Evidence that the defendant was exhibiting paranoid delusions at the time does not preclude him from having intended to kill his neighbor.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: October 4, 2023, Case #: A22-0718, Categories: Drug Offender, Intent, Murder
J. Moore finds that the lower court properly entered summary judgment in favor of the parents on the paternal grandfather's visitation claim. The court notes that the judgment is final, even though the father did not file a summary judgment motion. Additionally, the grandfather fails to establish that there are any genuine issues for trial. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 29, 2023, Case #: CL-2023-0110, Categories: Civil Procedure, Family Law
J. Moore finds the closure of the abortion clinic involved in this suit require dismissal of this appeal and a remand to the lower court to allow for analysis of whether the claims made under the Freedom of Access to Clinic Entrances Act were mooted. Meanwhile, the protesters are not entitled to attorney fees, as there is no evidence the clinic engaged in a purposeful delay of the suit upon finding out the clinic would no longer perform abortions.
Court: 6th Circuit, Judge: Moore, Filed On: September 29, 2023, Case #: 22-5915, Categories: Health Care, Attorney Fees, First Amendment
J. Moore finds the lower court erroneously applied the discretionary function exemption to the Federal Tort Claims Act suit brought by the prisoner who claims she was repeatedly raped by a federal prison employee. Reporting of such incidents is mandatory and, therefore, not subject to the exemption. However, because the inmate failed to provide evidence sufficient to prove other prison officials knew of the conduct and failed to act, the complaint must be dismissed for a failure to state a claim. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: September 28, 2023, Case #: 22-6105, Categories: Evidence, Tort, Prisoners' Rights
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J. Moore finds that the district court properly awarded custody of the children to the mother in a divorce. The court denied the father’s request for an interview of the children after the mother offered an affidavit stating that it was not in the children’s best interests. The affidavit noted that one child suffers from generalized anxiety disorder and had expressed an unwillingness to participate, which his therapist corroborated. The evidence supports the court's denial of the father's request for an interview, as well as the custody order. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: September 26, 2023, Case #: A-22-875, Categories: Family Law
J. Moore finds that the district court properly ruled in patent claims concerning a method for treating blood clots because the patent does not "teach skilled artisans how to make and use the full scope of claimed antibodies without unreasonable experimentation."
Court: Federal Circuit, Judge: Moore, Filed On: September 20, 2023, Case #: 2022-1461, Categories: Patent
J. Moore finds the trial court properly convicted defendant by plea agreement for contributing to the delinquency of a child and procuring alcohol for a minor. Defendant sent Facebook messages requesting to be reimbursed for alcohol and marijuana to the mother of the 15-year-old and 12-year-old for whom he made the purchases. The messages included videos of him drinking and smoking with the minors, evidence that supports the conviction. Defendant’s plea was made knowingly and voluntarily, and the record is insufficient to resolve the claim of ineffective assistance for counsel's failing to depose specific witnesses. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: September 19, 2023, Case #: A-23-345, Categories: Drug Offender, Evidence, Child Victims
J. Moore finds the juvenile court properly terminated the father's parental rights. The record shows that the father’s reintroduction into the children’s lives upon his release from prison would require therapy and interventions, as there is no bond between them. His plan to live with his father would limit his ability to regain custody as the home has not been approved for placement due to his father's criminal history. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: September 19, 2023, Case #: A-23-154, Categories: Family Law
J. Moore finds that the lower court improperly dismissed the father's post-divorce action as a discovery sanction when it concluded that he had failed to comply with certain orders "to disclose his addresses and to produce the financial documents." However, the record does not show that he "willfully disobeyed the trial court" as to his addresses or as to certain bank records. Accordingly, the lower court could have imposed a lesser sanction. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 15, 2023, Case #: CL-2022-1175, Categories: Family Law, Sanctions
J. Moore finds that the county court sitting as juvenile court properly determined that the father had failed to provide proper parental care and abandoned his child. The child was removed from her mother’s care due to drug use and the father did not receive legal notice of this. The father has since moved to Florida, and the child has never been placed with him. Although the evidence shows that the father has been a small part of his child's life, he has not provided the consistent care and support of a parent. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: September 12, 2023, Case #: A-23-150, Categories: Family Law
J. Moore grants the individual driver's petition for a writ of mandamus, in which he challenges the denial of his dismissal motion in connection with an appeal in the underlying personal injury case. The notice of appeal was untimely filed, meaning the lower court did not acquire appellate jurisdiction. Accordingly, the petitioner is entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 8, 2023, Case #: CL-2023-0467, Categories: Civil Procedure, Tort, Jurisdiction
J. Moore grants the application for rehearing and substitutes the current opinion, holding that the lower court improperly entered judgment for the Alabama Department of Environmental Management officials in this declaratory judgment action concerning the validity of certain grievance procedures, which were contained in a memorandum. The lower court erred in determining that the plaintiff landowners "lacked standing to challenge the grievance procedures." Additionally, the department failed to follow proper rulemaking procedures. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: September 8, 2023, Case #: 2200821, Categories: Administrative Law, Environment
J. Moore affirms the defendant's indecent-exposure conviction, finding that the defendant's exposure in a partially-enclosed backyard in clear view of a neighbor's back porch constituted exposing himself "in a place where others are present." While that phrase is ambiguous, the defendant's nudity falls within the Legislature's intent to prohibit lewd behavior "that is reasonably capable of being viewed by others, in light of the totality of the circumstances." Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: September 6, 2023, Case #: A21-1619, Categories: Sex Offender
J. Moore finds that the lower court improperly denied the mining company's motion to dismiss a nearby farmer's claim that per- and polyfluoroalkyl chemicals from firefighting foam contaminated the groundwater and killed some of his livestock. The farmer agreed to settle all claims against the mining company - including future claims resulting from the same contamination - in a $290,000 settlement. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: September 1, 2023, Case #: 230346, Categories: Environment, Settlements
[Consolidated.] J. Moore finds the trial court erroneously applied the good-faith exception and denied defendant's motion to suppress evidence obtained after his electronic devices were seized via an invalid search warrant. The "bare bones" affidavit submitted by law enforcement did not establish probable cause that child pornography would be found on any of the devices. Although officers found several pornographic images on defendant's laptop after he consented to a search, none of the information about those images was included in the affidavit, and because defendant never consented to have his devices seized, his motion to suppress should have been granted and his conviction must be vacated. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: September 1, 2023, Case #: 22-5593, Categories: Search, Child Pornography
J. Moore finds the lower court properly denied the police officers' motion for summary judgment on the grounds of qualified immunity because there is no evidence to support their warrantless intrusion into the victim's house after a 911 call reported a domestic disturbance. When the officers arrived at the victim's home, no evidence corroborated the neighbor's claim of a domestic disturbance, and although a timid woman was present in another room, the victim was not required to permit the officers into his home and no exigent circumstances existed to allow the officers to break down the door and subdue the victim. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 30, 2023, Case #: 22-5751, Categories: Civil Rights, Immunity
J. Moore affirms the district court's determination that the petitioner was entitled to a substantive sentencing hearing to determine whether his modified sentences of life in prison with possibility of release should be served consecutively or concurrently. Whether or not the district court had the authority to order such a hearing, the unique circumstances in this case, where the petitioner's co-defendant has already had his sentences clarified as running concurrently rather than consecutively in light of a series of higher court decisions, warrant the use of the Supreme Court's supervisory powers to direct the district court to hold such a hearing.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: August 30, 2023, Case #: A22-0192, Categories: Criminal Procedure, Murder, Sentencing
[Consolidated.] J. Moore finds the county court sitting as juvenile court properly terminated both parents’ rights to their children. The children were placed in the custody of the Department of Health and Human Services due to concerns of meth use and domestic violence in the home and have remained in out-of-home placements for the last three years. The parents have made inconsistent progress with case plan compliance with drug testing, and maintaining a positive coparenting relationship free from yelling, hitting, kicking, stabbing or other violent behavior. There have been relapses in drug use, missed visits and a failure to address domestic violence issues. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 29, 2023, Case #: A-23-089, Categories: Family Law, Guardianship
J. Moore affirms the district court's denial of the defendant's petition for postconviction relief without an evidentiary hearing, finding that even if the facts alleged in the defendant's postconviction petition were proven by a preponderance of the evidence at such a hearing, his ineffective-assistance claims would not have succeeded because his appellate counsel could reasonably have concluded that the defendant's disputes would not prevail on appeal.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: August 23, 2023, Case #: A22-1483, Categories: Ineffective Assistance, Murder, Prosecutorial Misconduct
J. Moore finds the trial court properly convicted defendant for meth possession. Officers made contact at defendant’s apartment building upon response to an unrelated welfare check call. It was found that defendant had an active warrant, and by her permission officers searched her belongings and found a scale with meth residue. The scale was properly entered as relevant to determine whether defendant intentionally possessed meth. It was for the jury to determine the evidence’s weight. Her counsel did suggest the possibility of a pipe having been planted even if he didn’t explicitly argue the point. His performance cannot be said to have been deficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 22, 2023, Case #: A-22-785, Categories: Drug Offender, Evidence, Ineffective Assistance
J. Moore finds the juvenile court properly granted custody of the children to the state, adjudicating them as lacking in proper parental care and being at risk for harm after officers observed the home in an unwholesome condition. The mother was provided with reasonable efforts to keep the children in her home prior to removal. Sufficient evidence demonstrates the children were at risk for harm. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 22, 2023, Case #: A-23-079, Categories: Evidence, Family Law, Guardianship
J. Moore finds the student was properly awarded attorney fees by the trial court on his due process claim related to the university's refusal to issue him a copy of his transcript. Although the transcript was eventually produced, the university only complied after being urged by the court, which rendered the student the prevailing party on that portion of his lawsuit. However, because the university altered its disciplinary policies after a ruling from this court in another case, the trial court lacked jurisdiction over the due process claims made in the student's amended complaint and he could not be considered the prevailing party on those claims; therefore, the award of attorney fees will be vacated so the court can recalculate the proper amount based on this ruling.
Court: 6th Circuit, Judge: Moore, Filed On: August 21, 2023, Case #: 22-1654, Categories: Civil Procedure, Due Process, Attorney Fees
J. Moore finds the trial court erroneously calculated defendant's sentence after he pleaded guilty to a charge of witness tampering. It used an improper offense level based on a human trafficking charge that was dismissed as part of the plea agreement. Vacated.
Court: 6th Circuit, Judge: Moore, Filed On: August 21, 2023, Case #: 22-5181, Categories: Sentencing, Witnesses, Human Trafficking
J. Moore finds the lower court erroneously dismissed the battery buyer's product liability suit for lack of jurisdiction. Although the South Korean manufacturer did not sell the lithium ion batteries directly to the vape shop in Michigan, its contacts with and shipments to distributors in the state are sufficient to establish jurisdiction under the long-arm statute. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: August 17, 2023, Case #: 22-1203, Categories: Due Process, Product Liability, Jurisdiction
J. Moore finds the death-row inmate's due process rights were violated when the trial court enforced his jury trial waiver at his third sentencing hearing in 2009. The three-judge panel convened to sentence him did not include the same three judges explicitly named in the waiver agreement signed before his initial trial in 1984. Additionally, the inmate is entitled to habeas relief on his ineffective assistance claim regarding his attorney's failure to seek recusal of a judge named on the panel because the judge's role as a prosecutor at a previous point in the case, including cross-examination of witnesses during the presentation of mitigation evidence, rose to the level of impermissible bias and likely violated the inmate's due process rights. Reversed in part.
Court: 6th Circuit, Judge: Moore, Filed On: August 16, 2023, Case #: 21-3404, Categories: Death Penalty, Habeas, Ineffective Assistance