211 results for 'filedAt:"2023-09-13"'.
J. Nega finds for the commissioner of internal revenue in this dispute over penalties assessed for tax deficiencies because plaintiff failed to demonstrate reasonable cause for being granted a good faith exception.
Court: U.S. Tax Court, Judge: Nega, Filed On: September 13, 2023, Case #: 2023-116, Categories: Tax
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Per curiam, the circuit denies a Dominican Republic citizen's petition for review of a decision removing him from the United States due to a New York forgery conviction, which constitutes a crime involving moral turpitude. The individual argues that New York implemented the "Penal Law Section" after his conviction, which would have lowered his possible sentence from one year to 364 days, and his removal should be retroactive. The state law at the time of conviction was applicable for the criminal proceedings, not at the removal proceedings.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 13, 2023, Case #: 21-6380, Categories: Immigration
J. Murphy finds that the circuit court properly terminated the grandmother's temporary guardianship of her grandchildren. The grandparents originally petitioned for temporary guardianship, alleging that the children were in imminent danger of environmental neglect or abuse due to the drug use of their daughter. The court properly afforded the father the fit-parent presumption in terminating the guardianship. Cited case law states that the "mere fact that a child may have... opportunities with another family cannot be enough to keep [them] away from an otherwise fit parent.” Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: September 13, 2023, Case #: CV-22-522, Categories: Family Law, Guardianship
J. Wormuth denies the patient's motion for a new trial, ruling questioning by the dentist's attorney about the patient's sexual assaults, which resulted in his present disability, conformed with this court's limiting instruction and did not unfairly influence the jury. Meanwhile, evidence about the patient's smoking history was not prejudicial because it was contained in numerous medical records admitted without objection, while he could also have testified about whether he smoked immediately after the dental implant surgery.
Court: USDC New Mexico, Judge: Wormuth, Filed On: September 13, 2023, Case #: 1:21cv492, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, Jury, Medical Malpractice
[Consolidated.] J. Chou finds that the trial court properly disqualified a district attorney's office from prosecuting cases against defendant, accused of killing a cousin of the current district attorney's husband. The current district attorney made critical comments to reporters about the handling of the case during a campaign to recall the district attorney in office at the time. Though her comments were not ethical violations, the trial court reasonably concluded that her stated beliefs could affect the plea agreement or sentencing decisions made by the assistant district attorneys in her office. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: September 13, 2023, Case #: A167241, Categories: Murder
J. Klappenbach finds the circuit court properly refused to set aside a trust on direct appeal, and properly removed a trustee on cross appeal in this dispute involving multiple extended family members. The trustee, a friend of the deceased, resisted revealing trust documents and did not perform an accounting until required to do so by the circuit court. This was a “serious” breach of the fiduciary duties. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 13, 2023, Case #: CV-20-656, Categories: Trusts, Fiduciary Duty
J. Lagesen finds the trial court properly ruled that as part of a settlement of a federal habeas corpus case, defendant waived the right to file post-conviction proceedings challenging his convictions. “Petitioner’s waiver bars him from pursuing this post-conviction relief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 13, 2023, Case #: A176748, Categories: Habeas, Sentencing
J. Kamins finds the juvenile court properly terminated a father’s parental rights to his daughter. “Father has regularly failed to complete a full series of classes and has repeatedly demonstrated an inability to understand and attend to [child’s] needs.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: September 13, 2023, Case #: A180988, Categories: Family Law
J. Treadwell finds in favor of the prison doctors in a civil rights action brought by the inmate alleging that the doctors were deliberately indifferent to his medical needs and failed to timely diagnose his osteomyelitis, leading to a below-the-knee amputation of his leg. Although the doctors had a difference of opinion about the proper course of care for the inmate, no reasonable jury could find that they disregarded the risk of serious harm to the inmate presented by his bleeding toe ulcer. The doctors are entitled to qualified immunity.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 13, 2023, Case #: 5:20cv195, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Prisoners' Rights
J. Mazzant finds that the district court improperly found that the city did not have sovereign immunity as to this wrongful death suit arising from the shooting death of a woman by a defendant who had been released while his charges for two other shootings were pending. The chief of police did not owe a duty to protect the victim or her family from the drive-by shooting, and so the negligence claims cannot be sustained. By proxy, the Mississippi Tort Claims Act claims against the city cannot be sustained, and the city is therefore entitled to sovereign immunity. Reversed.
Court: 5th Circuit, Judge: Mazzant , Filed On: September 13, 2023, Case #: 22-60231, Categories: Tort, Immunity, Negligence
[Consolidated.] J. Gooden Brown finds that the trial court properly barred an expert in child abuse from testifying that shaking alone can cause injuries associated with shaken baby syndrome. Other experts have limited using data to calculate the likelihood of injury, and experts disagree on patterns of hemorrhages in such cases. In one case, accepting the testimony would require the jury to infer defendant harmed the baby even though the state could not explain how defendant had done so. Affirmed.
Court: New Jersey Appellate Division, Judge: Gooden Brown , Filed On: September 13, 2023, Case #: A-2069-21, Categories: Experts, Child Victims
J. McDonough denies the plaintiff horse trainer's motion for a preliminary injunction in this case concerning the enforcement of the Horse Protection Act, after the U.S. Department of Agriculture allegedly filed two administrative complaints against him. The horse trainer contends that the USDA's administrative proceedings are unconstitutional, but he fails to establish a likelihood of success on the merits. Additionally, he has not shown that he will suffer irreparable harm.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: September 13, 2023, Case #: 4:23cv24, NOS: Constitutionality of State Statutes - Other Suits, Categories: Administrative Law, Agriculture, Animal Cruelty
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. Kamins finds the sentencing court properly denied post-conviction relief to defendant, convicted of burglary, theft, criminal mischief and unlawful possession of methamphetamine. Mandell v. Miller. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: September 13, 2023, Case #: A177238, Categories: Burglary, Drug Offender, Sentencing
J. Greenholtz finds the lower court improperly applied defendant’s pretrial jail credits. Defendant was convicted of burglary, aggravated kidnapping and aggravated robbery, and received an effective 20-year sentence. The lower court awarded him pretrial jail credit of 282 days, but ordered it only applied to the first count, when it should have been applied to all counts. The matter is remanded for correction. Vacated.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: September 13, 2023, Case #: W2022-01758-CCA-R3-CD, Categories: Burglary, Sentencing, Kidnapping