131 results for 'filedAt:"2024-02-05"'.
J. Ervin-Knott finds that the district court should not have denied a petition for partial possession of judgment, alleging that the decedent died intestate. In this case, the decedent’s testament states that his wife would inherit his property if he did not survive the open-heart surgery. The decedent did survive the surgery, and the testament contained a suspensive condition that did not occur. Therefore, the testament is invalid. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: February 5, 2024, Case #: 2023-CA-0391, Categories: Family Law, Wills / Probate
[Consolidated.] J. Ledet finds that the trial court properly granted a hotel business' co-owner's derivative action against the manager/co-owner of the business. In this case, the manager violated his fiduciary duty to the business because, based on expert testimony, the manager had a pattern of "making withdrawals from [the business'] accounts to pay personal expenditures.” Further, the expert opined that the manager's account receivable
due to the business was $892,411. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: February 5, 2024, Case #: 2023-CA-0181, Categories: Fiduciary Duty, Contract
J. Perez finds that the district court improperly imposed special conditions on supervised release in sentencing defendant based on his guilty plea to possessing a firearm following a prior felony conviction because the court failed to explain the decision to prohibit defendant from associating with gang members or recruits, which should be examined on limited remand.
Court: 2nd Circuit, Judge: Perez, Filed On: February 5, 2024, Case #: 21-3015, Categories: Probation, Sentencing, Plea
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[Consolidated.] J. Waldick finds the trial court's participation in plea negotiations did not render defendant's pleas involuntary. Ohio law allows for some judiciary participation at the state court level. Furthermore, there is no evidence of coercion on the part of the court, which made sure defendant was satisfied with both negotiations and the final plea deals before they were accepted. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: February 5, 2024, Case #: 2024-Ohio-392, Categories: Judiciary, Plea