187 results for 'filedAt:"2023-05-24"'.
J. Gladwin finds the trial court properly convicted defendant for aggravated assault on a family member, domestic battery and endangering the welfare of a minor. Though defendant says he was trying to keep his daughter from leaving the house in the middle of the night, she testified that he, while drunk, came into her room as she was sleeping and started an argument. He began throwing lamps, then choked her. She ran out of the house and he and his dog chased her down. He again choked her as she attempted to flee. Home security video confirmed these events. Defendant claims that an evidence rule was used contrary to jury instruction, but his argument is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 24, 2023, Case #: CR-22-773, Categories: Assault, Domestic Violence, Jury Instructions
J. Hixson finds the trial court properly convicted defendant for aggravated assault on a family or household member, terroristic threatening and domestic battering. His wife testified that he choked her unconscious for being unable to find him a pair of socks, stating during the attack that he would kill her and their son if she left him. After the attack defendant would not let her leave the house with both children at the same time. In his motion for directed verdict, defendant’s counsel stated, “On the charge of domestic battery … there’s been insufficient evidence … to show that [defendant] caused … injury” to the victim intentionally.He fails to argue that his proposed “extreme stress” negated purposeful intent. This argument is also conclusory and without citation to supporting authority. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: May 24, 2023, Case #: CR-22-258, Categories: Evidence, Assault, Domestic Violence
J. Gravois finds that the trial court properly denied defendant's motion to suppress evidence on his guilty plea to possession with the intent to distribute marijuana. Defendant's arrest was legal because there was reasonable suspicion to stop him because the arresting officer approached a small group of people in a park under construction at night and smelled marijuana. Defendant then showed the officer approximately two grams of marijuana. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-499, Categories: Drug Offender, Evidence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Tabor finds that defendant was properly sentenced to a suspended 10-year sentence for first-degree theft based on his guilty plea to taking the victim's belongings after holding him up at gunpoint, as defendant was not entitled to deferred judgment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: May 24, 2023, Case #: 22-0931, Categories: Sentencing, Theft
J. Walker finds that the lower court properly dismissed a class action against the insurer for violating the Illinois eavesdropping statute. The insured was not a party to the conversation between its attorney and the insurer, so the insurer's recording of its conversation with the attorney did not injure the insured. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 24, 2023, Case #: 220601, Categories: Communications, Class Action
J. Blake partially denies Costco’s motion for summary judgment following allegations of negligence when a customer injured his shoulder trying to lift a heavy grill into his pickup truck. He employed the help of a staff member, but when the customer said to lift on the count of three, the staff did not move his end of the grill, causing the injury. At this stage, Costco’s duty of care cannot be summarily denied.
Court: USDC Maryland, Judge: Blake, Filed On: May 24, 2023, Case #: 1:20cv664, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Markle finds that the trial court improperly ruled in favor of the individual in a negligence action brought by the injured driver arising from a car collision. The trial court incorrectly found that there was a valid settlement agreement between the parties. There is no evidence that the injured driver's alleged acceptance of the settlement was communicated to the individual's counsel. The communications between the firm the injured driver initially hired to represent him and the individual's counsel would not have led the individual's counsel to believe the firm had accepted the counter offer. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 24, 2023, Case #: A23A0587, Categories: Settlements, Negligence
J. Schumacher finds that a mother's parental rights were properly terminated since the children had been the subject of more than 50 assessments and at least seven sets of founded child abuse reports for denial of critical care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: May 24, 2023, Case #: 23-0292, Categories: Family Law
J. Doyle finds that defendant was properly sentenced based on his guilty plea to operating while intoxicated, third or subsequent offense, based on defendant's admission that he was a habitual offender. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: May 24, 2023, Case #: 22-0540, Categories: Sentencing, Dui, Plea
J. Kuntz dismisses a putative class action securities fraud action brought by investors alleging Ericsson, a multinational telecommunications company based in Sweden, defrauded investors and made false and misleading financial statements related to its recent operations in Iraq. An internal investigation, later obtained by the International Consortium of Investigative Journalists, found the company used illegal methods to secure lucrative contracts in the country, which included the use of bribes, sham contracts and kickbacks and in one case paying ISIS for access to transportation routes through ISIS-held territory. The investors’ claims fail to allege the company acted with conscious recklessness.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: May 24, 2023, Case #: 1:22cv1167, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Stearns denies, in part, four officers' motion to dismiss an individual's claims arising from her arrest and conviction for arson and the resulting death of her parents in a house fire. She sufficiently alleges bad faith to support her claim regarding the destruction of exculpatory evidence, and she sufficiently pleads her civil conspiracy claim.
Court: USDC Massachusetts, Judge: Stearns, Filed On: May 24, 2023, Case #: 1:23cv10340, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
J. Horan denies, in part, a software company's motion to strike an individual's errata sheets in a securities case. Certain aspects of the errata sheets comply with applicable rules and, therefore, will not be precluded from being used for summary judgment or other purposes.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: May 24, 2023, Case #: 3:21cv2025, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Securities
J. Hand upholds the lower court's judgment extending a mother's harassment prevention order against defendant, who was convicted of indecent assault and battery charges, one of which was committed against her child. Defendant is prevented by collateral estoppel from relitigating the harassment at issue and the mother was only required to show a need for protection from the impact of the harassment. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Hand, Filed On: May 24, 2023, Case #: 22-P-44 , Categories: Evidence, Restraining Order
J. McClendon finds that the trial court properly dismissed the claims in a dispute between a property owner and homeowners association involving alleged violations of landscape maintenance requirements. The property owner's claims challenging certain amendments to the subdivision declaration are either prescribed or lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: May 24, 2023, Case #: 2022CA0936, Categories: Civil Procedure, Property, Real Estate
J. Chutkan denies, in part, the government's motion to dismiss discrimination and retaliation claims filed by a veteran and former worker with the Department of Housing and Urban Development. He has adequately pleaded his claims for age and disability discrimination.
Court: USDC District of Columbia, Judge: Chutkan , Filed On: May 24, 2023, Case #: 1:21cv2709, NOS: Other Statutory Actions - Other Suits, Categories: Veterans, Employment Discrimination, Employment Retaliation
J. Artau finds that the trial court improperly distributed property in this divorce action because the home equity line of credit taken out on non-marital property should not have been split between the parties. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: May 24, 2023, Case #: 4D21-3122, Categories: Family Law
J. Vaitheswaran finds that defendant was properly convicted of possession of marijuana, third offense, as a habitual offender because the officer was justified in performing the search after noticing the smell of marijuana emanating from defendant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Vaitheswaran, Filed On: May 24, 2023, Case #: 22-0421, Categories: Drug Offender, Search
J. Molaison finds that the trial court should not have denied a landlord's motion to compel arbitration under the parties' lease agreement. In this case, the tenant signed the arbitration agreement three separate times as a part of his lease. Further, the evidence belies the tenant's claim that he did not understand the arbitration agreement, given that he signed it. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: May 24, 2023, Case #: 23-C-87, Categories: Arbitration, Evidence, Landlord Tenant
J. Gravois finds that defendant was properly sentenced to 35 years in prison on his conviction for first degree robbery and eight years for his conviction for attempted carjacking. The testimony and evidence show that defendant took a victim's car at gunpoint and then was involved in two accidents where he fled the scene. After crashing the stolen car into a truck, he injured the truck driver while attempting to drive away. Further, defendant had two prior convictions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-527, Categories: Robbery, Sentencing