162 results for 'filedAt:"2023-09-06"'.
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of prohibition to vacate his sentences for an allegedly unlawful transfer of his underlying criminal case. Any violations of local rules regarding the transfer of the case to a visiting judge should have been brought on direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: 2023-Ohio-3098, Categories: Criminal Procedure, Judiciary
J. Wood finds the trial court properly convicted defendant for rape and sexual assault of his 7-year-old granddaughter. The child had stayed with her grandparents for some time before her parents began noticing that she did not want to leave their sides and had begun to experience pain or difficulty urinating, as well as bed-wetting. After defendant claimed that he removed a tick from the girl's private area, she explained that he had touched her several times. The child's testimony that defendant touched her “privates” multiple times provides substantial evidence of sexual gratification sufficient to support the convictions. The weight of testimony concerning access to defendant's computer, which contained searches for “does masturbation cause precocious puberty” and “precocious erotic stories" was properly left to the jury to decide. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 6, 2023, Case #: CR-22-224, Categories: Evidence, Sex Offender, Child Victims
J. Land partially grants a company's pre-trial motion to exclude certain settlement communications in a breach of contract action against a former employee. The employee may not introduce the post-preliminary injunction takedown communications. The company's motions regarding exclusion of the fifth amended agreement and evidence related to quantum meruit damages are also granted. The agreement is not relevant to any remaining issues in the case. The employee's motion to exclude testimony from a certified public accountant on the company's damages is denied.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: September 6, 2023, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. King finds that the district court properly dismissed a mother's civil rights and false reporting complaint against two doctors, a detective, a prosecutor and a social worker who alleged she had abused or neglected her son. Her third amended complaint was dismissed because defendants were immune from liability and the complaint failed to state a valid claim for relief. She waived her right to appeal the dismissal of the third amended complaint because her appeal relies on facts and allegations from a proposed fourth amended complaint that was denied by the district court. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 6, 2023, Case #: 49385, Categories: Civil Procedure, Civil Rights, Immunity
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J. Pinson finds that the trial court properly convicted defendant of murder, aggravated assault and other offenses. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Defendant's counsel was not deficient for failing to request a limiting instruction allowing the jury to consider defendant's stipulations to prior convictions only for the purposes of proving his status as a convicted felon or for impeachment purposes. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: September 6, 2023, Case #: S23A0454, Categories: Ineffective Assistance, Murder
J. Rushing finds the board properly denied the former MS-13 gang member's petition for deferral of removal under the United Nations Convention Against Torture. The former gang member fears retaliation if removed to Honduras for refusing to participate in a gang-ordered stabbing while incarcerated for other gang-related charges. In light of recent efforts to eliminate police corruption in Honduras, the gang member failed to adequately allege that the government would turn a blind eye to the risk of him being killed. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: September 6, 2023, Case #: 21-2377, Categories: Immigration, Gangs
Per curiam, the Georgia Supreme Court grants attorney Samuel Elias Skelton's application for certification of fitness to practice law. The attorney voluntarily surrendered his license to practice law after pleading guilty to theft by taking and has now completed his sentence. The attorney has taken full responsibility for his actions, maintained his sobriety following his incarceration and demonstrated his rehabilitation.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: S23Z1032, Categories: Judiciary, Attorney Discipline
A federal judge today denied summary judgment to the sheriff of Jefferson Parish on his argument that a woman, who alleges he negligently hired a former deputy despite his extensive disciplinary history, has not identified any policy, pattern or practice that resulted in a violation of her constitutional rights. The resident, who was eight months pregnant at the time of her verbal altercation with the lawman, has identified facts in the record which could permit a reasonable jury to find that the sheriff’s hiring decision reflects a deliberate indifference to the risk of civil rights violations. The sheriff’s office also was aware that the sheriff of a neighboring parish had specifically terminated the lawman in question because he posed a liability to that department. Also, the deputy was subject to a restraining order by his ex-wife in California that banned him from carrying a firearm in that state.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: September 6, 2023, Case #: 2:22cv13, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Police Misconduct