187 results for 'judge:"Johnson"'.
J. Johnson finds that the district court properly determined a stepdaughter to be the sole owner of a disputed property. The decedent, the original owner of the property, executed a Counter Letter in 1999 declaring the stepdaughter as the owner, and the letter does not require the stepdaughter to pay off the mortgage. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 5, 2023, Case #: 2023-CA-0013, Categories: Family Law, Property, Contract
J. Johnson finds defendant's robbery conviction must be vacated. His attempted theft of several items from Target did not constitute a taking by force because the undercover employee never had possession of the goods and was merely nearly them when defendant attempted to exit the store. Vacated.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: October 5, 2023, Case #: 2023COA92, Categories: Evidence, Robbery
J. Johnson finds that the trial court properly sustained the peremptory exception of peremption and dismissed the homeowner's claim against a construction company for not properly elevating her home. In this case, the homeowner did not accept the work performed, but did not file her action within five years after moving back into the home in 2013. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 4, 2023, Case #: 22-CA-585, Categories: Construction, Contract
J. Johnson finds that the district court should not have found for a go-kart track owner on a patron's action arising out of injuries sustained in a go-kart collision. There is a genuine issue of material fact as to whether the track owner's failure to enforce their safety policy regarding certification of previous karting experience for prospective operators under the age of 15 was an act or omission that constitutes willful disregard. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 4, 2023, Case #: 23-CA-17, Categories: Negligence, Contract
J. Johnson finds that district court properly denied a construction company's motion for summary judgment on a bicyclist's claim that he was severely injured when riding on a ramp in the construction zone. The cyclist, who is very experienced as a cyclist and an architect with knowledge of the dangers of worksites, could not have been certain of the danger that the ramp posed because of slippery road conditions. In this case, there was no posted speed limit, and the ramp remained accessible to invited recreational cyclists. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 4, 2023, Case #: 23-C-124, Categories: Evidence, Negligence
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J. Oden Johnson finds that the lower court improperly convicted defendant of murder and in connection with the death of a seven-year-old in a gang shooting. Defendant did not knowingly and intelligently waive his right to counsel in this case. After repeatedly asking for an attorney for almost 24 hours, defendant "did not so much change his mind as give up." Therefore, the lower court erred in admitted defendant's confession to his gang affiliation, and the fact that the location of the shooting was in the territory of a rival gang. Reversed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: September 29, 2023, Case #: 200304, Categories: Miranda, Murder, Self Incrimination
J. Johnson finds the trial court properly convicted defendant by guilty plea for aggravated assault with a deadly weapon. Defendant's neighbor and girlfriend testified that he hit his girlfriend with an infant car seat during an argument. The girlfriend testified that she was hospitalized for injuries that included a fractured wrist, an injury to her leg, and bruises to her face. All evidence supports the conviction. Defendant knowingly and intelligently entered his guilty plea, and he was not denied right to counsel. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 20, 2023, Case #: 09-22-00225-CR, Categories: Assault, Weapons, Plea
J. Johnson finds that the district court should not have acquitted defendant of second degree murder. In this case, the non-unanimous, illegal, non-responsive verdict returned by the jury does not serve to acquit defendant of the second degree murder charge under Robinson. Further, double jeopardy does not apply, and the state can retry defendant on the second degree murder charge. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: September 20, 2023, Case #: 23-KA-50, Categories: Jury, Murder, Double Jeopardy
J. Johnson finds that the lower court properly ruled against a Washington state statute that sought to require sheriffs of certain counties to get permission from the county commissioners board before being allowed to deploy tear gas during a riot. The decision to deploy tear gas during a riot falls squarely under the authority of the sheriff's office, as it their right to decide what level of force is needed to carry out their responsibilities. The new statute attempted to transfer that authority without good cause or sound legal footing, and the statute, therefore, was an unlawful interference with the sheriffs of the state. Affirmed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: September 14, 2023, Case #: 101375-2 , Categories: Civil Rights, Government
J. Johnson finds that the trial court properly revoked defendant's community supervision for his guilty plea conviction on charges of felony delivery of meth. Defendant pleaded “true” to testing positive for drugs in violation of the conditions of his community supervision. Because a plea of “true” to any violation will support revocation, this was within the trial court’s discretion. A clerical error referencing the wrong subsection of Health & Safety Code is corrected and a surplusage on the judgment referencing a fine that was not orally pronounced at sentencing is eliminated. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 13, 2023, Case #: 09-22-00289-CR, Categories: Drug Offender, Probation, Plea
[Consolidated] J. Johnson finds the trial court properly convicted defendant for failing to stop and render aid at the scene of an accident and intoxication manslaughter. Defendant ran a red light, which caused the crash between his vehicle and the victim's motorcycle. There was no evidence that the driver of the motorcycle was at fault or himself intoxicated. A witness testified that defendant "just kept driving as fast as he could" without stopping or rendering aid. All evidence and testimony support the convictions, though a clerical error involving the enumeration of the penal code involved is corrected. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 13, 2023, Case #: 09-22-00154-CR, Categories: Vehicular Homicide
J. Johnson finds the trial court properly convicted defendant for arson, assessing punishment at 14 years of confinement. Though defendant asserts that the trial court “should have found some evidence of incompetency” because a doctor was ordered to evaluate him, the court withdrew and vacated that order. Defendant's argument that his decision not to apply for probation was evidence of incompetency is rejected, as he acknowledged understanding the court's explanation of the consequences. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 13, 2023, Case #: 09-22-00373-CR, Categories: Competence, Arson
J. Johnson finds that the lower appeals court improperly reversed the trial court's sentence for defendant's assault and attempted rape convictions. The sentence was reversed on the grounds of "same criminal conduct" in a case, in which more than one crime was committed at the same time, with the same intent, against the same victim. The trial court, however, was correct in finding that the conduct was too different under the law. During the trial, distinctly different charges were brought with distinct evidence to back up each charge. The state legislature also clearly intended that the intent behind attempted rape and assault were proved differently in court. Reversed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: September 7, 2023, Case #: 100570-9, Categories: Sentencing, Sex Offender, Assault
J. Johnson, in this interlocutory permissive appeal, finds the trial court improperly denied the insurance company’s motion for summary judgment in the suit brought by the utility district seeking reimbursement for its hiring of separate counsel to defend officials in a lawsuit challenging the results of a board of directors’ election. The insurance company originally offered defense by its own attorney, which was rejected. The company had a reasonable basis to deny reimbursement as there was no conflict of interest between the petition and the policy or the officials. Claims for bad faith and code violations are ancillary and not certified by the trial court. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 31, 2023, Case #: 09-22-00252-CV, Categories: Elections, Insurance, Contract
J. Johnson grants the investor's partial motion for summary judgment, ruling the individuals who solicited his investment in the company who lied about its earnings and growth potential can be held liable for securities violations. The evidence in the record prevents those individuals from proving they were unaware of the lies used to coerce investors.
Court: USDC New Mexico, Judge: Johnson, Filed On: August 25, 2023, Case #: 1:21cv564, NOS: Other Contract - Contract, Categories: Securities, Contract
J. Johnson finds that the trial court properly disqualified a candidate from running for the office of St. John the Baptist Parish President. In this case, the candidate did not show that the way his tax preparer attempted to file his 2019 state tax return reliably ensured delivery of that tax return to the Louisiana Department of Revenue. Further, the candidate could not explain the showing that he did not file a 2019 state tax return. Therefore, the candidate falsely certified that he filed his state and federal tax returns for the last five years on signing his Notice of Candidacy. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: August 24, 2023, Case #: 23-CA-410, Categories: Elections, Contract
J. Johnson finds the trial court properly convicted defendant for aggravated assault against a public servant, sentencing him to 30 years in prison. Defendant failed to preserve error, requesting an instruction for a lesser-included offense of reckless driving after the state had rested and prior to any of his evidence showing that he was guilty only of reckless driving. Defendant did not point to evidence supporting reckless driving as a valid alternative to aggravated assault against a public servant. And, even if the claimed error was preserved, reckless driving is not a lesser-included offense of aggravated assault against a public servant. No evidence showed that defendant was only guilty of reckless driving. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 23, 2023, Case #: 09-22-00315-CR, Categories: Evidence, Assault, Vehicle
J. Johnson finds the district court properly issued a protective order sought by the wife against her husband. Sufficient evidence had been shown to support the court’s finding that family violence was likely to occur in the future. The husband argues that a finding that violence is likely to occur in the future should not be based on evidence of past violence and that evidence of future intent should be required, though he cites no legal authority. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 17, 2023, Case #: 09-22-00325-CV, Categories: Evidence, Restraining Order
J. Johnson finds the trial court properly granted the foster parents’ motion to strike the uncle’s petition to modify custody, seeking custody himself after the children were removed from their mother and had been placed with the foster family who wanted to adopt them. Though the uncle testified that the foster family is Caucasian, and therefore “cannot show [the Black children] how to be Black Americans,” he has not shown that he has standing and has failed to meet his burden to show that “the child[ren]’s present circumstances would significantly impair [their] physical health or emotional development[.]” Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 17, 2023, Case #: 09-22-00411-CV, Categories: Evidence, Family Law, Guardianship
J. Johnson grants the state Republican Party's motion to declare several campaign finance laws unconstitutional. The limit on contributions made by state political parties to county political parties is too far removed from the state's concern of "big-money" donors' support of individual candidates to sufficiently address the problem of quid pro quo corruption and, therefore, must be enjoined. Additionally, the law seeking to limit contributions from state parties to individual candidates is not "closely drawn" to address the corruption problem and sets limits drastically lower than similar ones upheld by the U.S. Supreme Court, while the state has also failed to provide evidence regarding the cost of a typical campaign to support the limits.
Court: USDC New Mexico, Judge: Johnson, Filed On: August 17, 2023, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, First Amendment
J. Johnson answers a certified question in the negative regarding a dispute between an animal rights group and a private zoo in which the animal rights group alleged that the zoo violated state wildlife and animal cruelty laws, and thus created a public nuisance. The question before the court is if a violation of state wildlife laws can establish a claim for public nuisance. The answer here is no, because the state legislature has not made it clear that such violations fall under public nuisance laws. To say otherwise would be to expand the scope of nuisance laws beyond what is put forward by the state legislature.
Court: Washington Supreme Court, Judge: Johnson, Filed On: August 17, 2023, Case #: 101264-1, Categories: Civil Procedure, Animal Cruelty
J. Johnson denies the securities sellers' motion for summary judgment, ruling the promissory note signed over to them by the investor qualifies as a security under federal law, while statements about the startup's income, which is purported to be $10 million but is actually less than $100,00 annually, and the potential return on investment are sufficient at this stage to show reckless disregard on behalf of the sellers.
Court: USDC New Mexico, Judge: Johnson, Filed On: August 15, 2023, Case #: 1:21cv564, NOS: Other Contract - Contract, Categories: Fraud, Securities, Contract
C.J. Johnson denies the startup's motion for summary judgment, ruling disclosures about its stock price to the investor were not sufficient for the investor to believe there was an obvious risk he would lose his entire $750,000 investment. Furthermore, the claim he did not read the promissory note before signing it is irrelevant because the note said nothing about the company's performance, only that his money would be repaid with interest within one year.
Court: USDC New Mexico, Judge: Johnson, Filed On: August 15, 2023, Case #: 1:21cv564, NOS: Other Contract - Contract, Categories: Fraud, Securities, Contract
J. Johnson finds the trial court properly terminated the mother’s parental rights to her five children. The mother was investigated after testing positive for PCP and benzodiazepine after the birth of her oldest daughter and supporting evidence confirmed this. She was then investigated for her ability to adequately supervise, protect and care for her children after she admitted to taking Xanax without prescription. The oldest daughter also made consistent allegations of sexual abuse and neglect by the father. All evidence supports the best-interest finding for termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 3, 2023, Case #: 09-23-00068-CV, Categories: Family Law, Guardianship