275 results for 'casenum:"24"'.
Per curiam, the Louisiana appellate court finds that the trial court should not have denied the state’s motion to disqualify a doctor who provided a report to the court regarding defendant’s competency. After the doctor rendered her expert opinion regarding defendant’s competency, the defense hired her as their expert to examine defendant and render an opinion regarding his sanity at the time of the offense. Therefore, the doctor cannot be considered independent from her role as a court-appointed expert of the sanity commission. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: April 15, 2024, Case #: 24-K-30 , Categories: Competence, Experts
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J. Katzmann finds the United States Department of Commerce’s (Commerce) calculations of drawback adjustments for certain Turkish products are incorrect, and that Commerce failed to explain how it came to its redetermination of import duties. The matter is remanded for further consideration.
Court: Court of International Trade, Judge: Katzmann, Filed On: April 11, 2024, Case #: 24-44, Categories: Commerce
J. Windhorst finds that the trial court properly denied defendant's application for post-conviction relief alleging ineffective assistance for not raising the issue of defendant's competency. In this case, defendant did not present any medical records or the victim’s affidavit to show mental incapacity either before or during trial. Further, defendant does not show that his counsel denied him the right to testify. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst , Filed On: April 10, 2024, Case #: 24-KH-11, Categories: Ineffective Assistance
J. Ahlers finds that the parties' parental rights were properly terminated since the mother failed to participate in treatment for methamphetamine use, and the father failed to keep the home clean of dog urine and/or feces, and other filthy conditions, while the child was too young to protect herself against health hazards. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 24-0026, Categories: Family Law
J. Neeley denies the estate executor's petition for a writ of mandamus. The executor seeks to challenge the court's discovery order requiring him to make a full accounting of the estate after he was accused of breach of fiduciary duty, conversion, and partition of real estate and mineral interests. Testimony shows the executor has the requested documents in his possession, and no abuse of discretion is found.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: April 10, 2024, Case #: 12-24-00023-CV, Categories: Wills / Probate, Fiduciary Duty, Discovery
J. Schumacher finds that the parties' parental rights were properly terminated since they had left their young children to fend for themselves while the mother was out of town with her boyfriend, and the father had failed to respond to services for drug use. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 10, 2024, Case #: 24-0073, Categories: Family Law
J. Bower finds that a father was properly granted custody of the parties' children, who moved to Nebraska to be with him, because the mother used methamphetamine, and the children adamantly expressed that they wished to live with their father. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 10, 2024, Case #: 24-0092, Categories: Family Law
J. Stanceu finds that the United States Department of Commerce (Commerce) improperly determined the subsidy duty on narrow woven ribbons with woven selvedge from China. A ribbon company contested Commerce findings, because it used adverse inferences to make its calculations because the Chinese government failed to cooperate with them. Commerce assigned a 10.54 percent subsidy rate because it believed the ribbon company benefited from the Export Buyer’s Credit Program (EBCP), and based its subsidy rate on a program for preferential lending to the Chinese coated paper industry, which it believes is similar to EBCP, but the record does not show sufficient evidence to support that decision. The matter is remanded to Commerce for further consideration.
Court: Court of International Trade, Judge: Stanceu, Filed On: April 10, 2024, Case #: 24-43, Categories: Commerce, Evidence
J. Restani grants in part a company’s motion for summary judgment in this matter concerning the import of bound paper notebooks with calendars. While the United States Customs and Border Patrol classified them as “other” paper products, which carries a duty of 25 percent, the company argues they should be classified as calendars, which are duty-free; the instant courts find that both are incorrect, that they should be classified as “diaries,” which come with a duty rate of 25 percent.
Court: Court of International Trade, Judge: Restani, Filed On: April 10, 2024, Case #: 24-42, Categories: Commerce
Per curiam, the court of appeals dismisses defendant's appeal. Convicted by a no-contest plea for meth possession, defendant's community supervision was revoked and then dismissed on appeal for deprivation of right to counsel. The trial court then denied defendant's motion to reinstate. The court of appeals does not have jurisdiction when the trial court's order does not adjudicate guilt or acquittal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 10, 2024, Case #: 09-24-00086-CR, Categories: Drug Offender, Probation, Jurisdiction
J. Danilson finds that a mother's parental rights were properly terminated since she used illegal drugs, and her three-year-old child was found wandering alone through parking lots on multiple occasions. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: April 10, 2024, Case #: 24-0211, Categories: Family Law
J. Murray finds that the lower court improperly entered summary judgment in favor of a doctor in this medical malpractice suit in which a wife alleges her husband was discharged from a hospital without proper warning about the risk of clotting in the future, resulting in his subsequent death from a pulmonary embolism. The deceased patient’s estate presented sufficient evidence to allow a jury to assign liability against the involved physicians. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 9, 2024, Case #: J-A03032-24, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
Per curiam, the appellate division finds that attorney Paul Gruner should be censured for professional misconduct that included mishandling two client escrow accounts. A confidential order established other similar violations in August 2023, making him guilty of six rule violations in total. Although Gruner self-certified that he is now fully retired and will not resume practice, public discipline was deemed appropriate.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: PM-56-24, Categories: Attorney Discipline