191 results for 'filedAt:"2024-01-24"'.
J. Miller finds that the trial court properly convicted defendant of child molestation and public indecency. Defendant, a county jail inmate, was caught masturbating during a visit with his girlfriend and their three-year-old daughter. Sufficient evidence was presented to allow the jury to find that defendant masturbated in the child's presence, including evidence that defendant was within three feet of the child in the visitation area. The child molestation statute does not require that defendant's arousal be due to the presence of the child and only requires that defendant was aware of the child's presence at the time he committed the act at issue. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: January 24, 2024, Case #: A23A1675, Categories: Sex Offender, Public Indecency
J. Pipkin finds that the trial court properly convicted defendant of aggravated child molestation. Defendant failed to show that he was prejudiced by any alleged deficiencies in the indictment. The trial court did not commit any error in instructing the jury that the offenses could be proven on any date within the statute of limitations. Defendant failed to show that his trial counsel was deficient for failing to strike a juror from the venire or that he was prejudiced by his trial counsel's failure to request a jury charge on alibi. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 24, 2024, Case #: A23A1307, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Mayle finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services because the mother failed numerous drug screens during her case plan and refused to sever ties with the father, who was abusive toward her and the children, all of whom have thrived in foster care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: January 24, 2024, Case #: 2024-Ohio-284, Categories: Evidence, Family Law
Per curiam, the Maine Supreme Court dismisses this appeal pertaining to Donald Trump's candidacy for the Maine Republican Party's presidential primary on March 5, 2024. The Secretary of State, who previously determined that Trump's petition was invalid, appeals the lower court order remanding the matter to the Secretary of State. However, the remand order is "interlocutory and not justiciable," meaning the appeal is due to be dismissed.
Court: Maine Supreme Court, Judge: Per curiam, Filed On: January 24, 2024, Case #: 2024ME5, Categories: Civil Procedure, Elections
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J. Reichek finds that the lower court improperly denied the special appearances filed by four of the five appellants in this suit asserting claims for breach of fiduciary duty and breach of contract. Accordingly, the claims against those parties should be dismissed based on a lack of jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: January 24, 2024, Case #: 05-23-00011-CV, Categories: Fiduciary Duty, Jurisdiction
J. Johnson finds the trial court properly denied defendant's motion for post-conviction DNA testing. After the appeals court affirmed his conviction for aggravated robbery, defendant filed the DNA testing motion, which was then denied. Defendant did not point out where biological evidence amenable to DNA testing might have been found, nor has he shown that he may not have been convicted if the testing were allowed. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 24, 2024, Case #: 09-23-00199-CR, Categories: Dna, Evidence, Robbery
J. Bokor finds the trial court properly struck the citizen's pleadings as a sanction in her lawsuit alleging the club's security guard caused her to trip and fall over a railing while negligently handling her. Though striking pleadings is a severe sanction, the citizen's repeated failure to comply with discovery deadlines and other court orders calls for such action, and the trial court did not abuse its discretion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 24, 2024, Case #: 22-2016, Categories: Sanctions, Negligence, Discovery
J. Abramson finds the trial court properly convicted defendant for theft of property based on sufficient evidence. After the gas station manager discovered missing lottery tickets and cash, she reviewed surveillance footage which showed defendant, an employee, stealing the tickets and money. Defendant objected to the admission of the restitution form, saying no evidence shows the amount of cash or number of tickets involved. The court properly overruled this, with the prosecution providing details of the calculations. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 24, 2024, Case #: CR-23-314, Categories: Evidence, Theft
J. Murphy finds the trial court improperly denied the ex-wife's derivative loan collection claim. The parties were awarded 50 percent of a business the ex-husband had acquired during the marriage. The wife brought her action on breach of fiduciary duty and conversion claims based on the husband's having taken shareholder loans from the business. When the loans were made, the husband was the only shareholder, choosing to take part of his compensation as loans. Whether the wife received any benefit from this is irrelevant because the loans are from the business and will be repaid under the derivative action. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 24, 2024, Case #: CV-20-606, Categories: Family Law, Property, Banking / Lending
J. Barrett finds the circuit court properly terminated the mother's parental rights to her three children. All evidence, including verified incidents of domestic violence and child abuse involving severe burns, as well as drug use, supports termination. Though the mother says the children's placement with their grandmother would make termination unnecessary, her arguments as to this alternative placement were not raised at trial. The court properly found adoption to be the best permanency goal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: CV-23-503, Categories: Evidence, Family Law, Guardianship
Per curiam, the Seventh Circuit remands this product liability suit stemming from a man's injuries when a Samsung SDI battery exploded in his pocket for further jurisdictional discovery. There is insufficient evidence at this point to determine whether Samsung SDI has minimum contacts in Indiana to be sued in the state. Vacated.
Court: 7th Circuit, Judge: Per curiam, Filed On: January 24, 2024, Case #: 23-1024, Categories: Product Liability, Jurisdiction
J. Gremillion finds that the lower court properly upheld the school board's firing of a non-tenured teacher who alleged she was terminated due to her breast cancer. The teacher lacked a property interest in her continued employment since she was non-tenured. Also, the superintendent's decision was not arbitrary or capricious because there was substantial evidence the teacher did not enter student grades in a timely manner. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: January 24, 2024, Case #: CA-23-476, Categories: Administrative Law, Education, Employment
Per curiam, the court of appeals denies the husband's petition for mandamus challenging the court's order awarding temporary support to the wife during divorce proceedings. The wife sought eight months of temporary support to be funded by a trust clearly shown to contain the necessary amounts. The husband failed to timely seek mandamus relief and failed to offer a justification for the delay. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 24, 2024, Case #: 12-24-00003-CV, Categories: Family Law, Due Process, Banking / Lending
Per curiam, the court of appeals denies the construction company's request for a writ of mandamus challenging the court's denial of its motion to compel the neuropsychological examination of the bicyclist who was injured from a crash precipitated by a drainage cover that gave way when he ran over it. The company waited more than four months to seek mandamus relief, did not address the delay or offer justification, and so has failed to act diligently to protect its rights. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 24, 2024, Case #: 12-24-00004-CV, Categories: Construction, Tort, Negligence
J. Hoyle finds the trial court properly convicted defendant for aggravated robbery based on sufficient evidence. The victim testified that as defendant gave him a ride home after he experienced car trouble, defendant revealed he had a machine gun and demanded money. Police located the gun during defendant's later arrest. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 24, 2024, Case #: 12-23-00049-CR, Categories: Firearms, Robbery
[Consolidated] J. Bartley finds the board improperly denied the veterans' petitions for service-connected total disability benefits. The board can deny such benefits if it is found the veteran is gainfully employed. The definition of gainful employment does not apply to employment in low-wage, part-time positions, not subject to competition in the job market. The board did not apply this definition to either veteran's case or make the necessary factual findings to do so, and the appeals are set aside pending further development.
Court: Court Of Appeals For Veterans Claims, Judge: Bartley , Filed On: January 24, 2024, Case #: 21-4467, Categories: Health Care, Veterans, Due Process
J. Hughes finds that the board of contract appeals properly declined to dismiss this dispute as untimely since claims raised by the U.S. had not accrued until the department of defense received an inadequate cost proposal for support services. Affirmed.
Court: Federal Circuit, Judge: Hughes, Filed On: January 24, 2024, Case #: 2022-1763, Categories: Civil Procedure, Contract