159 results for 'filedAt:"2024-04-18"'.
J. Ryan finds the trial court properly admitted screenshots of Facebook messages at defendant's trial even though they were submitted only one day before the trial began. The prosecution was not made aware of the evidence until it was submitted to the court and promptly informed defendant and provided the screenshots to his attorney. Meanwhile, testimony from defendant's co-conspirator that defendant was the shooter was sufficient to convict him of murder, even though the testimony was part of a plea deal with the state. In any case, that testimony was corroborated by surveillance footage. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: April 18, 2024, Case #: 2024-Ohio-1469, Categories: Evidence, Murder
J. Kemp finds the circuit court properly denied defendant's petitions for leave to proceed in forma pauperis and for extraordinary writs. Defendant was sentenced to 72 months in prison on his no-contest plea conviction on sexual assault charges. He does not plead the facial invalidity of the judgment or the trial court’s lack of jurisdiction, as necessary, having not pleaded his actual innocence. Defendant has not properly alleged illegal detainment. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: April 18, 2024, Case #: CR-22-450, Categories: Sentencing, Sex Offender, Plea
J. Pickering finds the juvenile court improperly certified the juvenile for murder and robbery proceedings as an adult. The 14-year-old, with an IQ of 66, was originally found incompetent, followed by competency-restoration before he was eventually declared competent. The juvenile court did not address conflicting expert testimony as to the juvenile's understanding of the proceedings and ability to assist counsel. The court applied juvenile-court-specific competency standards, emphasizing there is no right to a jury trial in juvenile delinquency adjudication. Vacated.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: April 18, 2024, Case #: 84563, Categories: Competence, Juvenile Law, Murder
J. Suarez finds the lower court properly terminated the mother's parental rights. Although she loved and had a bond with her child, she refused to engage in mental health services or therapy to remedy issues that caused the initial removal and disrupted visits by being rude and demeaning to family services employees. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: April 18, 2024, Case #: AC46639, Categories: Evidence, Family Law
J. Stiglich finds the district court properly found for the property owner who claims his use of his property was denied. Before either property owners in this dispute acquired their land, a wall had been erected between the properties that did not follow the property line. The owner sought to have the wall removed, and the other owner filed a complaint for a prescriptive easement or adverse possession. Adverse possession could not be established, as the other owner did not pay the property taxes on the disputed property. A prescriptive easement would result in the owner's complete exclusion from the property. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 85305, Categories: Property, Tax
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[Consolidated.] J. Herndon finds the district court properly determined a per se regulatory taking occurred, awarding $48 million to the landowner. The city adopted a plan reclassifying ranch land as allowing for "residential densities," along with a golf course. The owner's efforts to develop the property were rendered futile by the city's actions, supporting that the regulatory taking occurred. The court properly relied on the owner's expert's valuation to determine just compensation, and the city did not challenge the valuation or provide an alternative. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: April 18, 2024, Case #: 84345, Categories: Administrative Law, Environment, Property
J. Stiglich finds the district court improperly declared several statutes regulating unfinished firearms unconstitutional, granting a permanent injunction against the laws' enforcement. The court found the definition of "unfinished frame or receiver" was impermissibly vague, concluding it did not explain key terms or notify individuals precisely when raw materials became an unfinished frame or receiver. The defining terms have ordinary meanings that provide sufficient notice of what the statutes proscribe. The statutes are general intent statutes that do not lack a scienter requirement and do not pose a risk of arbitrary or discriminatory enforcement. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 83999, Categories: Constitution, Firearms
Per curiam, the appellate division finds that attorney Scott Pinsky of California may resign from the New York bar for nondisciplinary reasons. His request was initially opposed since he was not current on registration requirements, but Pinsky supplied a supplemental affidavit demonstrating compliance.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-68-24, Categories: Attorney Discipline
J. Egan finds that the lower court properly denied plaintiff coverage for water damage caused by a burst radiator pipe in an empty home he had listed for sale. Plaintiff failed to overcome the policy exclusion for frozen pipes in residences that are either vacant, unoccupied, or under construction, since two of the three provisions applied, and he also failed to take measures to shut off the water before leaving on an extended overseas trip. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 18, 2024, Case #: CV-23-0362, Categories: Insurance
J. Contreras grants the appellant's motion for rehearing and replaces the prior opinion with the current opinion, holding that the lower court properly granted the appellee's motion to dismiss this breach of contract lawsuit pursuant to Rule 91a. The court concludes that "attorney immunity applies" to the case, meaning the claim had no basis in law. The judgment is modified, however, as to the award of attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: April 18, 2024, Case #: 13-23-00122-CV, Categories: Civil Procedure, Attorney Fees, Contract
J. Zimmerer finds that the lower court improperly overturned the suspension of the individual's driver's license stemming from a traffic stop and her arrest for DWI. There was substantial evidence to support the administrative judge's decision to suspend the license, and the "Miranda Confusion Doctrine" is not recognized in Texas as a defense for refusing the breath test. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00506-CV, Categories: Licensing, Vehicle
J. Zimmerer finds that the trial court properly denied the individual's petition for a name change, specifically to change the style of her name from all capital letters to capital and lowercase letters. Based on the evidence, the individual did not request that her name be changed under the relevant statute. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00677-CV, Categories: Civil Procedure, Family Law
J. Spain finds that the juvenile court improperly waived its jurisdiction and transferred appellant to criminal district court to resolve his aggravated sexual assault charges. There is insufficient evidence to support the finding that "it was not practicable for the state to proceed against appellant in juvenile court before his eighteenth birthday." Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 18, 2024, Case #: 14-23-00802-CV, Categories: Evidence, Jurisdiction, Juvenile Law
J. Zimmerer finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the findings as to endangerment and the child's best interest. Testimony from caseworkers indicated the mother failed to seek treatment for persistent substance abuse, refused to submit to drug testing, and did not complete any of the services in her plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-24-00010-CV, Categories: Evidence, Family Law
J. Lawrence finds that the lower court properly granted the insurance company's motion for summary judgment in this declaratory judgment action regarding its duty to indemnify an individual in a separate wrongful death case. The lower court did not err in its determination that the individual was not covered under the company's business owners insurance policy, based on his alleged conduct, which was not related to the business. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 18, 2024, Case #: 2024ME28, Categories: Insurance, Indemnification
J. Stanfill finds that the lower court properly convicted defendant of OUI pursuant to a conditional plea of guilty. On appeal, defendant contends that the seizure was unlawful, because it occurred in his home's curtilage without a warrant. However, the argument was not properly preserved, and the court does not find obvious error in the proceeding. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: April 18, 2024, Case #: 2024ME29, Categories: Criminal Procedure, Dui
J. Rosenbaum finds that the district court properly ruled in favor of the secretary in a race discrimination and employment retaliation action brought by the nurse after she was not chosen for a promotion. The nurse, a Black woman, failed to point to any genuine dispute of material fact as to whether she experienced race or national origin discrimination. Other people were chosen for the position based on their management experience and certifications. The removal of the hiring panel's only Black member for scheduling conflicts also did not disadvantage the nurse. The nurse failed to show that any workplace hostility was causally connected to her Equal Employment Opportunity Commission complaint. Affirmed.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: April 18, 2024, Case #: 21-14185, Categories: Employment Discrimination, Employment Retaliation
J. Smith finds that defendant was properly convicted of murder and that his objections regarding the admission of certain evidence are without merit. The disputed testimony about a jail telephone call made by defendant in which he threatened an ex-girlfriend was relevant since it showed his knowledge about what had happened to the victim and also rebutted his theory that a different perpetrator murdered the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 18, 2024, Case #: 10-23-00146-CR, Categories: Evidence, Murder, Identification
J. Ruiz upholds the trial court's suppression of a firearm seized from defendant's backpack. The government failed to show defendant had abandoned the backpack when the officers retrieved it, without probable cause or a warrant, from a hidden spot within a home with which defendant had a connection. Affirmed.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: April 18, 2024, Case #: 19-CO-1094 , Categories: Evidence, Firearms, Search
J. Gilbert finds that the trial court erred in striking an employee's Private Attorneys General Act complaint. She has standing under the Act to sue on behalf of herself and other employees because she alleged she was an "aggrieved" employee and was deprived of timely meal periods, which made her subject to at least one labor law violation. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: April 18, 2024, Case #: B326759, Categories: Civil Procedure, Employment
[Consolidated.] J. Urda finds for the commissioner of internal revenue in this tax liability dispute because the taxpayers failed to demonstrate they suffered theft in relation to a fraudulent stock purchase or a deduction-eligible loss.
Court: U.S. Tax Court, Judge: Urda, Filed On: April 18, 2024, Case #: 2024-47, Categories: Tax
J. Chen allows some disability discrimination claims to proceed against CVS from around a half-dozen CVS health plan participants who say the plans are designed to discriminate against people living with HIV/AIDS. The participants say the company makes it needlessly inconvenient and complicated for them to get their medications and that CVS ignores requests from participants looking to opt-out. At least one of the half-dozen participants has proven that they reached out to CVS to opt-out several times, but were ignored or denied each time. This is enough to show that they were denied benefits under their plan, allowing some of the claims to continue to the next stage.
Court: USDC Northern District of California, Judge: Chen, Filed On: April 18, 2024, Case #: 3:18cv1031, NOS: Other Labor Litigation - Labor, Categories: Health Care, Insurance
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty pleas to drug possession in two indictments. Defendant contends the concurrent parts of his sentence were harsh, but he secured a "highly advantageous" plea agreement despite having an extensive criminal history. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112056, Categories: Drug Offender, Sentencing, Plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to robbery for forcibly taking a wallet from a woman outside a store, as defendant's claim that his sentence was harsh was precluded by his valid appeal waiver. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113230, Categories: Robbery, Sentencing, Plea
J. McShane finds in favor of the nonprofit association against the student's complaint that the association wrongfully denied him a fifth-year hardship waiver to play football during his final year of high school, even though the student had several mental health disabilities including depression, post-traumatic stress disorder, oppositional defiance disorder and ADHD. The student did not have an individualized education plan and thus did not require the waiver, because the student had education success plans all throughout his high school education, and he does not present any evidence that the available academic support systems were insufficient in helping him graduate.
Court: USDC Oregon, Judge: McShane, Filed On: April 18, 2024, Case #: 6:22cv1228, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education