136 results for 'filedAt:"2024-01-18"'.
J. Egan finds that the lower court properly classified defendant as a risk Level 3 sex offender with a sexually violent designation. The higher assignment was warranted because the "depraved nature" of his rape of a 59-year-old woman in her home was not accurately reflected in the classification guidelines, and his concurrent crimes of burglary and robbery during the incident were not addressed in his negotiated plea. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 18, 2024, Case #: 535479, Categories: Sex Offender, Plea
J. Aarons finds that a teacher's assistant at a private Catholic school was improperly ruled ineligible for benefits after being fired for failing to meet Covid-19 vaccination mandates because she received insufficient time to get the shot to be disqualified for voluntarily leaving her job without good cause, despite requesting to consult with her doctor. On remittal, the court should consider whether she had been fired for misconduct. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 18, 2024, Case #: CV-23-0001, Categories: Civil Procedure, Employment, Covid-19
J. Lawrence finds that certain portions of the underlying divorce judgment are not supported by specific findings. Accordingly, the provisions regarding parent-child contact and the computation of the appellant's income must be remanded for further proceedings. Vacated in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 18, 2024, Case #: 2024ME3, Categories: Civil Procedure, Family Law
J. Pena finds that it was error for the resentencing court to redesignate defendant's attempted murder of a police officer convictions as assaults with a firearm on a police officer, which are lesser included offenses of the attempted murder charges. Resentencing due to changes to the felony murder statute is limited to the robbery counts for which defendant was charged and convicted. Reversed.
Court: California Courts Of Appeal, Judge: Pena, Filed On: January 18, 2024, Case #: F085131, Categories: Murder, Robbery, Sentencing
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J. Readler finds the lower court properly granted the police officers' motion for summary judgment. Although the amount of marijuana possessed by the wife in her bedroom was within legal limits, her claim to have no knowledge of her husband's grow operation in their detached garage, which yielded 25 additional pounds of marijuana, was unreasonable and gave the officers probable cause to arrest her. Additionally, the home contained at least six firearms, a large quantity of cash and other items indicative of a drug trafficking operation, which put further scrutiny on the wife's story and was more than sufficient for the officers to assume she had at least some control over the operation and its drug output. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: January 18, 2024, Case #: 23-1246, Categories: Civil Rights, Evidence
J. Boyle grants a city government’s motion for summary judgment after a Black former police lieutenant alleged that two of his white deputies racially discriminated against him when they called for a state and federal investigation into whether he was working a second job while on the clock for the city. As it was discovered, a third deputy initiated the investigation, which ultimately found that the lieutenant and the police chief, also a Black man working the same second job, had inconsistencies between recorded hours at both jobs, leading to their arrests. Thus, the lieutenant’s claims fail.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 18, 2024, Case #: 7:21cv130, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Maxwell finds the lower court properly convicted defendant of two counts of sexual battery for sexually penetrating his two minor nieces. Defendant’s argument that he is entitled to a new trial because he was only permitted to attend a pre-trial hearing virtually during the Covid-19 pandemic is without merit. Evidence is sufficient to support his convictions and sentence to 35 years imprisonment on each count, to be served concurrently. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: January 18, 2024, Case #: 2022-KA-00107-SCT, Categories: Evidence, Sex Offender
[Combined.] J. Reynolds Fitzgerald finds that the lower court properly found for the state and dismissed claims for mandamus relief by nursing homes seeking to have their appeals of Medicaid reimbursement rates processed. Such relief was not available because processing the appeals was a discretionary duty, not ministerial, in that it involved decisions on how quickly and in what order to take up the appeals. Furthermore, the nursing homes established no cognizable vested property interest in the appeals to support claims of due process violations. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: January 18, 2024, Case #: 534801, Categories: Medicaid
J. Pritzker finds that the lower court improperly determined when a wife's share of her husband's military pension in a divorce would commence. Because the parties referenced her 50% share in a separate agreement, that became the effective date, rather than the earlier commencement date for their divorce or the later date when military processing was completed. As a result, the wife was due arrears for the interim period only to the agreement's date and not before. Reversed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 18, 2024, Case #: 535630, Categories: Family Law
J. Ryan finds the trial court properly denied defendant's motion to admit treatment history of one of the victims into evidence at his trial on sexual assault charges. The medical evidence was related solely to the victim's suicidal ideations, not any of the assaults, and, therefore, was privileged. Meanwhile, corroborating testimony from each of the victims about defendant's various assaults was sufficient to convict him of both rape and gross sexual imposition. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: January 18, 2024, Case #: 2024-Ohio-157, Categories: Evidence, Sex Offender, Discovery
J. Fox finds the trial court properly admitted the injured driver's expert testimony about her impairment rating after the injuries sustained in the car collision. Although the American Medical Association guidelines are typically used in workers' compensation cases, the evidence was relevant in this case and allowed the jury to make a proper damages calculation based on the severity of the injuries, while the at-fault driver was also able to thoroughly cross-examine the expert about his findings. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: January 18, 2024, Case #: 2024COA8, Categories: Vehicle, Negligence, Experts
J. Johnson finds the trial court improperly found in favor of the borrowers, who received a letter of default after they accepted the mortgage company's forbearance plan when their property was flooded from Hurricane Harvey. Though the trial court properly entered take-nothing judgments in favor of the borrowers, it improperly ordered they recover $509,000 in damages and $106,000 in attorney fees and costs. The mortgage company was also improperly sanctioned $25,000 for discovery violations and $41,000 for spoliation of evidence. Neither testimony nor evidence supports the amounts for damages or attorney fees, and sanctions were improperly calculated. Affirmed in part. Reversed in part.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 18, 2024, Case #: 09-22-00032-CV, Categories: Property, Sanctions, Banking / Lending