144 results for 'filedAt:"2024-04-26"'.
J. Clement finds the lower court properly confirmed a report by commissoners who were appointed to divide a decedent’s property into three separate parcels for her family. They assigned 32.4 acres to decedent’s son, 17.8 acres to her husband and 18.1 acres to her daughter. Her husband and daughter filed exceptions to the decision, but all parties agreed to have one of the commissioners testify as to the division of the property. The commissioner explained that the son was allotted more land because portions of the acreage were not usable due to terrain and easements but that the parcels were equal in fair market value. The husband and daughter argue there is insufficient evidence of the value of the properties, so the lower court should not have confirmed the commissioners’ report. No error was found in the lower court’s decision. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 26, 2024, Case #: E2022-01447-COA-R3-CV, Categories: Real Estate, Wills / Probate
J. Armstrong finds the lower court properly granted a judge’s motion to dismiss. Defendant was convicted of aggravated kidnapping, especially aggravated kidnapping, and two counts of aggravated assault and was sentenced to 17 years incarceration. Defendant failed to timely file his second amended petition for post-conviction relief and dismissed the action. Defendant filed a complaint alleging the trial judge exceeded his authority in dismissing the matter. The judge filed a motion to dismiss arguing that he acted within his jurisdiction, which the lower court granted, and the instant court agrees. The lower court dismissed the matter finding it was barred by the doctrine of judicial immunity. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 26, 2024, Case #: E2023-00557-COA-R3-CV, Categories: Civil Procedure, Judiciary
J. Greene finds that the lower city court improperly issued a judgment of eviction, as it did not have territorial jurisdiction to evict the occupant from a house located outside the city court’s territorial jurisdiction. Vacated.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: April 26, 2024, Case #: 2023 CA 0860, Categories: Jurisdiction
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. Dillard finds that the trial court properly convicted defendant of child molestation, aggravated sexual battery, rape, incest, sexual exploitation of children, influencing a witness and other related offenses. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to object when defendant's handwritten notes to the victim were allowed to go out with the jury during deliberations. The notes were original documentary evidence, therefore any continuing witness objection put forth by defendant's counsel would have been overruled. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0533, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Panella finds that the lower court improperly granted defendant’s petition for writ of habeas corpus in this case over her assault of a Pennsylvania police officer who detained her because she assaulted him when he opened the door to her home. The police officer’s testimony showed there was probable cause to believe defendant had attempted injure the officer in the performance of his duty. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: April 26, 2024, Case #: J-S05012-24, Categories: Criminal Procedure, Habeas, Search
J. Dillard finds that the trial court properly convicted defendant of child molestation and sexual battery as a lesser-included offense of aggravated sexual battery. Sufficient evidence was presented to support defendant's convictions, including the victim's testimony. The trial court did not commit any error by refusing to find that defendant's convictions were mutually exclusive or by denying defendant's ineffective assistance claim. Defendant cannot show that his counsel's strategic decision not to attack the victim's credibility was unreasonable. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0157, Categories: Ineffective Assistance, Sex Offender
[Consolidated.] J. Lewis finds that the lower court improperly ruled in this divorce proceeding. Specifically, the lower court failed to make certain findings in support of the periodic alimony award. Accordingly, the lower court must also "reconsider the division of marital property along with its determination of the alimony issue." The child support award should also be reconsidered, based on a failure to include all of the husband's income. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0584, Categories: Civil Procedure, Family Law
J. Palafox finds a lower court did not err in revoking community supervision for defendant, imposed as part of two separate cases. Defendant argued there was not adequate evidence at his revocation hearing that he had taken a truck without permission, but the owner clarified defendant did not have permission in this case, and — although defendant was permitted to use the truck for work-related duties — in this case he admitted "he had taken the truck not for necessities but to purchase Xanax for himself." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00022-CR, Categories: Evidence, Probation
J. Soto finds a lower court erred in issuing a Qualified Domestic Relations Order after a divorce decree. The ex-wife is right that the court did not have jurisdiction to issue the order, but it was not part of the original divorce decree and was issued after the lower court’s jurisdiction over the case had already expired. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 26, 2024, Case #: 08-23-00311-CV, Categories: Family Law, Jurisdiction
J. Palafox grants mandamus relief after finding a lower court erred in a convoluted dispute that emerged from a personal injury case after it became clear at trial that an expert the injured man planned to call had a conflict of interest with a law firm representing the trucking company he was suing. The injured man is right that, because the trial date had been reset for a later date, discovery deadlines should have also been extended. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00256-CV, Categories: Civil Procedure, Experts, Discovery
J. Standridge finds a lower court properly convicted and sentenced a defendant for first- degree felony murder, aggravated kidnapping, and aggravated battery. The defendant, who serves a hard 25 life sentence and consecutive 13 months in prison, argued that the lower court erred in allowing the State to submit alternative means of aggravated kidnapping, and that evidence of was insufficient to support his conviction. However, the State presented sufficient evidence in court that "taking or confining" does not support alternative means of kidnapping or aggravated kidnapping. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: April 26, 2024, Case #: 125685, Categories: Murder, Sentencing, Kidnapping
Per curiam, the court of civil appeals finds that the lower court properly determined the child to be dependent and awarded sole custody to the maternal grandparents. The father contends that the lower court erred by "finding the child dependent as to him." However, the record shows that the mother abandoned the child by relinquishing her rights to the grandparents, meaning the dependency ruling was appropriate. Also, there was no abuse of discretion with the custodial ruling. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0616, Categories: Evidence, Family Law
J. Reiss denies, in part, a police officer’s motion for summary judgment in this case where he was accused of excessive force and failure to intervene when a physical altercation between a resident and a sergeant happened while the resident was detained inside the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the officer’s failure to intervene involvement in the sergeant’s takedown, a reasonable jury could find that the alleged use of force was extreme, outrageous and intolerable. The claims regarding the officer’s failure to intervene as to the sergeant shoving and punching the woman are granted.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Police Misconduct
J. Dick grants a request by the state department of corrections, dismissing on procedural grounds the Title VII complaint of a fired black prison lieutenant, a 20-year veteran. He alleges he was fired for his use of force on an inmate, but a white captain who allegedly committed equal or greater violations of department police in the same incident, got to keep his job. The lieutenant’s claims of racial bias favoring the white captain fail because employees of different rank or status cannot be similarly situated.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 26, 2024, Case #: 3:22cv897, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Employment Discrimination, Employment Retaliation
J. Eyester denies the contractor's claim for price increases. Contracted for tree removal, pruning and roadside trimming at Lake O’ the Pines, Texas, the contractor claims the Army Corps of Engineers misclassified certain services causing a $7,117 increase in performance. While certain pruning services were removed from the contract and tree removal was increased due to a deep freeze, this does not establish a prior course of dealing eliminating performance on other task orders. There is no prior course of dealing evidencing the waiver of performance.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: April 26, 2024, Case #: 63768, Categories: Environment, Government, Contract