286 results for 'cat:"Judiciary"'.
J. Crain finds that Judge G. Michael Canaday violated the Code of Judicial Conduct when he engaged in improper ex parte communications and inappropriately granted a state motion to release documents from seal without holding a hearing related to a criminal defendant's indigency. Judge Canaday's conduct resulted in the defense strategy being revealed in a second-degree murder case and gave the impression of favoring prosecutors. Therefore, Judge Canaday is publicly censured.
Court: Louisiana Supreme Court, Judge: Crain, Filed On: October 20, 2023, Case #: 2023-O-00735, Categories: Civil Procedure, judiciary
Per curiam, the Florida Supreme Court amends the rules of general practice and judicial administration related to public access to and protection of judicial branch records in sealed criminal cases in accordance with recent statutory changes.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: October 19, 2023, Case #: SC2023-1320, Categories: judiciary
Per curiam, the court of appeals finds that Justice Robert Putorti should be removed from office based on evidence that Putorti engaged in improper fundraising and brandished a loaded firearm at a litigant who had been waiting for his case to be called.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: October 19, 2023, Case #: 61, Categories: judiciary
J. Eddins dismisses three law firms from a tobacco product liability case, finding that a Hawaii circuit judge improperly refused to excuse them from accusations of conspiring with tobacco companies they represented to promote their products and conceal the harmful effects of tobacco. The state court does not have personal jurisdiction over whatever involvement the firms had in promoting tobacco, as there is no evidence the out-of-state firms ever had direct contacts within Hawaii or specifically targeted Hawaii.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: October 18, 2023, Case #: SCPW-23-76, Categories: judiciary, Product Liability, Jurisdiction
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Per curiam, the Georgia Supreme Court rejects the notice of discipline, seeking a public reprimand for attorney David Carleton Head based on his abandonment of a client. The Bar failed to describe the three instances of prior discipline received by the attorney which are cited as aggravating factors in the notice.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: October 11, 2023, Case #: S23Y0635, Categories: judiciary, Attorney Discipline
[Consolidated.] Per curiam, the Georgia Supreme Court disbars attorney Ryan Curtis Cleveland for his violations of the Georgia Rules of Professional Conduct based on his misconduct in the representation and abandonment of eight clients. The attorney failed to communicate with incarcerated clients, failed to file pleadings or motions for bond in the clients' cases and repeatedly misled one client and his family about the status of his case.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: October 11, 2023, Case #: S23Y0688, Categories: judiciary, Attorney Discipline
Per curiam, the circuit finds that the district court properly dismissed claims seeking to vacate findings in a dispute over the purchase of an Apple computer after it was disclosed that the presiding judge at the time held stock in the company. Although recusal was preferable, the case underwent subsequent review by a different judge, who determined that the original judge's failure to disqualify himself had been rendered harmless by an intervening circuit appeal. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 22-1745, Categories: judiciary, Contract
J. McConnell denies the cancer treatment developer’s petition for a writ of mandamus challenging the trial court’s denial of its motion to dismiss this shareholder dispute as not complying with forum selection clauses in its certificate of incorporation. The trial court properly declined to enforce forum selection after finding that the Delaware Court of Chancery provides no right to a civil jury trial, depriving the shareholder of that right in violation of California public policy. A partial dismissal as sought by the developer would require litigation in multiple, widespread courts, creating a risk of inconsistent findings. The opinion is modified with footnotes addressing the court of appeal’s declining to address new arguments, and there is no change in the judgment.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: October 10, 2023, Case #: D081670, Categories: judiciary, Securities, Venue
J. Chatigny denies the nursing homes' motion for a preliminary injunction, ruling alleged defects in the appointment of the administrative law judge over the NLRB's enforcement proceedings are insufficient to warrant the judge's removal from the case, which began over a decade ago and is nearly at its conclusion.
Court: USDC Connecticut, Judge: Chatigny, Filed On: October 4, 2023, Case #: 3:23cv831, NOS: Other Statutory Actions - Other Suits, Categories: judiciary, Labor / Unions, Injunction
J. Bamattre-Manoukian denies the murder convict’s petition for a writ of mandate to disqualify a judge who denied his petition for resentencing once, and then again after the Sixth District reversed and remanded the first order. Laws cited address a trial judge in a prior proceeding who is assigned to conduct a new trial, not to rule on a request for resentencing. Petitioner fails to demonstrate that his post-appeal proceeding is a “new trial.” Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: September 29, 2023, Case #: H050633, Categories: judiciary, Murder, Sentencing
J. Mortensen finds that a judge who was previously a defense attorney and had represented defendant should have recused himself before presiding over his probation revocation hearing. Though the judge created an appearance of partiality by failing to disqualify himself, defendant did not show any prejudice and his probation was revoked for multiple violations, an avoidance of probation obligations and an extensive criminal history. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: September 28, 2023, Case #: 20220280-CA, Categories: judiciary, Probation, Due Process
J. Duncan finds that the trial court properly convicted defendant for numerous drug offenses related to his ownership and operation of a pharmacy that was actually an illegal pill mill. His argument that recordings vetted by a government filter team and turned over to prosecution intruded into privileged conversations with his deceased attorney, prejudicing his defense, is without merit. Neither defendant nor his attorney responded by objection to or by a motion for reconsideration of the court's order to release the tapes. The recordings were arguably vitiated due to the pharmacy's having forfeited its charters, with the state terminating its registrations. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: September 26, 2023, Case #: 22-20337, Categories: Drug Offender, Evidence, judiciary
J. Stiglich finds that the municipal court properly dismissed the petition for a writ of mandamus requested by the police auditing website owner who successfully moved to dismiss an obstruction charge and seeks to compel an award of attorney fees and litigation expenses as the prevailing party. Municipal courts are not included in the statutory definition of the term "court" in Nevada, and do not have the authority make such awards. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 21, 2023, Case #: 86108, Categories: judiciary, Jurisdiction, Attorney Fees
J. Higginson finds the district court improperly denied the landlord's request to have the magistrate referral vacated after a judgment of over $200 million was rendered in favor of the commercial tenant in a longstanding dispute regarding the potential development of an export grain terminal on the tenant's lot. The landlord learned that the judge was longtime family friends with the tenant's lead trial lawyer after the judgment was entered. Both parties consented to the referral, but the asserted facts regarding who knew what and when raise serious doubts about the validity of the harbor's constitutionally essential consent to have its case tried by this judge. Vacated.
Court: 5th Circuit, Judge: Higginson , Filed On: September 21, 2023, Case #: 22-30398, Categories: Constitution, judiciary, Property
J. LaGrua finds that the trial court improperly denied the individual's motion for costs on his mandamus claim against the probate judge arising after the judge rejected his weapons carry license application based on his criminal history and lack of good character. The probate judge waived judicial immunity for the individual's costs and fees claim against him in his official capacity. Recovery of costs, including attorney fees, against a probate judge under the statute does not violate the separation of powers provision of the Georgia Constitution because processing a weapons carry license does not involve the exercise of judicial power. The trial court correctly found that the legislature waived sovereign immunity when it enacted the statute setting out the procedure for processing weapons carry license applications. The statute authorizes a cause of action against a public official for denying an application. Reversed in part.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: September 19, 2023, Case #: S23A0631, Categories: judiciary, Firearms, Attorney Fees
[Consolidated.] Per curiam, the Georgia Supreme Court imposes a three-year suspension on former Superior Court Judge Robert Mallory Crawford for his violation of the Georgia Rules of Professional Conduct. The former judge mishandled client funds and ordered a clerk to disburse funds from the registry of the court which he later used for his personal benefit and deposited into his personal checking account. The ex-judge entered a first-offender Alford plea to misdemeanor theft. The special master correctly found that the judge was not entitled to the funds based on an alleged oral fee agreement with a long-deceased client. Disbarment is not the appropriate discipline because the former judge engaged in only a single course of misconduct.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: September 19, 2023, Case #: S22Y0631, Categories: judiciary, Attorney Discipline
J. Torbitzky finds that the judge abused her discretion in sustaining the child's motion for joinder of her mother as a necessary party in a suit seeking damages for abuse and harassment at the hands of a man convicted of child sodomy. Even if the daughter's claims are true that her mother directed the man's conduct, the mother is not required as a party for her to claim damages against the man. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: September 19, 2023, Case #: ED111910, Categories: Civil Procedure, judiciary, Tort
J. Dorsey dismisses the cognitively disabled patient's civil rights complaint against various Nevada courts alleging that they failed to accommodate his disabilities during his malpractice lawsuit against a treatment center. The state argues that it lacked the ability to control the courts' decisions and no plausible claim is stated, though judicial immunity ultimately shields the judges’ conduct.
Court: USDC Nevada, Judge: Dorsey , Filed On: September 18, 2023, Case #: 2:22cv1164, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, judiciary, Immunity