286 results for 'cat:"Judiciary"'.
J. Musseman grants the state's request for a writ of mandamus to compel the judge to issue an arrest warrant for defendant, charged with the manufacture, possession and distribution of child pornography. The judge declined to sign the warrant after finding the offense occurred within Cherokee Nation boundaries. The state satisfied all statutory requirements and the judge specifically found probable cause, which triggered the plain legal duty to issue the warrant.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: November 16, 2023, Case #: MA-2023-623, Categories: judiciary, Jurisdiction, Child Pornography
J. Murguia dismisses a pro se litigant's complaint of judicial misconduct against a district judge. Review of this complaint is governed by the Rules for Judicial-Conduct and Judicial-Disability Proceedings. The names of the complainant and the subject judge are not be disclosed in this order. This misconduct complaint arises out of an attorney disciplinary matter. Because complainant provides no objectively verifiable evidence of misconduct in this matter, the allegation must be dismissed.
Court: 9th Circuit, Judge: Murguia, Filed On: November 15, 2023, Case #: 22-90006, Categories: judiciary, Attorney Discipline
Per curiam, the Vermont Supreme Court finds the chief superior judge properly denied the father’s motion to disqualify the trial judge for being biased. The father failed to show a claim of judicial disqualification of the presiding judge. The father also argued that the judge discussed possible sanctions but, the mother has not sought such sanctions. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-131, Categories: Family Law, judiciary, Sanctions
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J. Gillmor denies a motion for recusal by a man formerly convicted of sexual assault of a minor, who now sues his accuser, her family and police and court officers involved in the conviction. The man’s claims of bias against him do not constitute a basis for recusal, as the purported bias stems from the judge’s rulings, rather than from outside the proceedings. “The fact the court has ruled against plaintiff, expressed an opinion about a matter of procedure or a point of law, or disagreed with plaintiff’s legal position is not a basis for recusal.”
Court: USDC Hawaii, Judge: Gillmor, Filed On: November 9, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, judiciary
Per curiam, the Fifth Circuit finds the district court properly convicted defendant for filing false liens against a federal judge in retaliation for his life sentence for drug trafficking. The clerk’s office received a document titled “Claim of Lien” via certified mail, which listed the judge as the debtor and defendant as the requestor. The “voluntary agreement” didn’t have the judge’s signature and stated that the lien arose from the judge’s “unlawful acts committed against the liberty interest of [defendant].” Defendant sought a total of $50 million for the alleged violations and attempted to file a notice of foreclosure on property owned by the judge. Mention of the warranty deed at trial and not in the indictment is not a constructive amendment to the element of mail fraud and did not allow conviction on a materially different theory or set of facts. Nothing suggested that a court issued the lien or a later “notice of default,” or that it arose from a judgment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 8, 2023, Case #: 21-40592, Categories: Fraud, judiciary
J. Brown finds the circuit court properly found the jury pool member guilty of indirect criminal contempt for failure to appear. When he was ordered to appear to show cause as to why he should not be held in contempt, he again failed to appear. After his arrest, at a hearing, he stated that he did not want to wear a face mask due to a medical condition, clarifying that he had called the court to explain that he was a truck driver who kept irregular hours. The case coordinator on the call told him he failed to provide the clerk’s office with his unavailable dates in advance and was still ordered to be present. The coordinator stated that he then hung up on her. In a later email, he stated that he is “free person ... not asking to be on this jury.” Defendant was at all times aware that the state’s witnesses were members of the court staff and raised no objection. He fails to demonstrate that he was prejudiced by the court’s denial of his motion for new trial based on the judge’s failure to recuse. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 8, 2023, Case #: CR-23-179, Categories: Evidence, judiciary, Contempt
J. Seybert denies a motion to recuse herself from an attorney’s civil rights action alleging due process violations. The attorney tried to argue the judge’s impartiality would be impacted by a working relationship she had with a defendant while working as a judge at the Nassau County District Court over 30 years ago, when the defendant was working as a court officer in the same location. However, the judge has no recollection of the defendant and their relationship at the time was simply professional.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: November 8, 2023, Case #: 2:22cv7398, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, judiciary, Due Process
Per curiam, the Oklahoma Court of Criminal Appeals adopts new rules and amends existing rules regarding procedures for appeals. Felony and misdemeanor appeals are included within a particular class of appeals provided that certain provisions control in juvenile and capital cases. Certain sections remain unchanged and the computation of time for an appeal to be perfected is clarified.
Court: Oklahoma Courts Of Appeal, Judge: Per curiam, Filed On: November 7, 2023, Case #: CCAD-2023-1, Categories: Administrative Law, judiciary
Per curiam, the Georgia Supreme Court suspends attorney W. McCall Calhoun, Jr. from the practice of law pending the outcome of his 11th Circuit appeal of his convictions related to his participation in the Jan. 6, 2021 insurrection at the United States Capitol. The attorney was convicted of obstruction of an official proceeding before Congress, entering and remaining in a restricted building or grounds, disorderly or disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building and demonstrating in a Capitol building. The convictions include a felony and several misdemeanors. The findings of guilt occurred at a bench trial and constitute verdicts.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S23Y1160, Categories: judiciary, Attorney Discipline
Per curiam, the Georgia Supreme Court rejects the special master's recommendation of disbarment and instead suspends attorney Walter Douglas Adams for one year for his violations of the Georgia Rules of Professional Conduct. The attorney failed to properly communicate with his client about a settlement, failed to put a contingency fee in writing and charged an unreasonable fee for obtaining the settlement.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S23Y0437, Categories: judiciary, Attorney Discipline
Per curiam, the Georgia Supreme Court accepts attorney Carl Lawrence Collins's petition for a voluntary interim suspension of his license to practice law pending the outcome of an appeal of his criminal convictions for making a false tax return. The attorney's convictions constitute violations of the Georgia Rules of Professional Conduct.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S23Y1064, Categories: judiciary, Attorney Discipline
Per curiam, the Georgia Supreme Court accepts attorney Tamorra A. Boyd's petition for voluntary discipline and directs that a public reprimand be administered to her in open court for her admitted violations of the Georgia Rules of Professional Conduct. The attorney's conduct during her time as an employee of a California firm purporting to help homeowners seek solutions to mortgage issues was negligent but her motives were not selfish or dishonest.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S22Y0940, Categories: judiciary, Attorney Discipline
Per curiam, the Georgia Supreme Court accepts attorney Cory Howerton Fleming's voluntary surrender of his license to practice law following his admitted violations of the Georgia Rules of Professional Conduct while representing a client in South Carolina. The attorney admitted that he engaged in a scheme with former South Carolina attorney Alex Murdaugh to allow Murdaugh to receive wrongful death insurance settlement funds arising from the attorney's representation of the estate of a long-time Murdaugh employee who sustained injuries at his home. The attorney admitted that a disbursement sheet prepared after a second settlement contained false statements.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S23Y0970, Categories: judiciary, Attorney Discipline
Per curiam, the Oklahoma Supreme Court approves District Judge Timothy Henderson’s resignation from the Oklahoma Bar pending disciplinary proceedings after he was charged for having undisclosed sexual relationships with two assistant district attorneys who prosecuted criminal cases in his court. The judge has complied with all rules and has not been subject to coercion or duress.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: November 6, 2023, Case #: SCBD-7527, Categories: judiciary, Attorney Discipline
J. Wilkinson finds the lower court properly declined the judge's motion for summary judgment on judicial immunity grounds. During a legal dispute between an ex-married couple over the distribution of several sentimental items like photos and yearbooks, the judge, frustrated with the husband's failure to turn over items, entered his home despite objection from the husband, whom she threatened to arrest and supervised the seizure of items in the house. Taking it upon herself to conduct an unlawful search of his home falls outside of her judicial role. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: October 30, 2023, Case #: 22-1757, Categories: Family Law, judiciary, Immunity
J. Egerton finds the trial court properly awarded the former employee over $680,000 in attorney fees after applying a 0.4 negative multiplier to its $1,144,600 adjusted lodestar calculation “to account for ... counsel’s ... lack of civility throughout” the lawsuit. The record supports the court’s finding that counsel was repeatedly and intentionally uncivil to defense counsel and the court. Courts are within their discretion to apply positive or negative multipliers based on counsel’s behavior and skill. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: October 25, 2023, Case #: B321566, Categories: judiciary, Employment Discrimination, Attorney Fees
[Consolidated.] J. Menetrez finds the trial court improperly convicted defendant for threatening statements made to judges. Because a judge is not an “executive officer” within the meaning of certain penal code, defendant is not liable under that provision as a matter of law. “Executive officer” unambiguously refers to an officer of the executive branch, of which judges are not a part. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: October 25, 2023, Case #: E079389, Categories: judiciary, Threats, Due Process
Per curiam, the Georgia Supreme Court rejects the special master's and review board's recommendations and refuses to impose discipline on attorney Marsha Williams Mignott for her alleged violations of the Georgia Rules of Professional Conduct. The attorney was accused of learning information from an individual who never became her client and then revealing that information in a later proceeding adverse to that individual. The attorney never formed an attorney-client relationship with the individual and therefore did not violate the rules. The rules at the time of the alleged misconduct applied only to clients and former clients, not former prospective clients.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: October 24, 2023, Case #: S23Y0974, Categories: judiciary, Attorney Discipline
J. Murphy finds the trial court properly denied defendant's motion to exclude the results of a search at his home. Although the affidavit submitted by police lacked sufficient evidence to establish probable cause, the officer who submitted the affidavit provided oral testimony that conclusively linked defendant to the residence and prevented application of the Fourth Amendment exclusionary rule. Although the magistrate that issued the warrant relied, in part, on his 25-year relationship with the officer to grant the warrant, his favorable opinion of the officer did not render the decision a "rubber stamp." Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: October 23, 2023, Case #: 22-3603, Categories: Drug Offender, judiciary, Search