168 results for 'filedAt:"2023-09-20"'.
J. Garaufis finds in favor of the City of Yonkers and a group of city police officers on claims that they falsely arrested and charged a NYPD police officer with shooting his on-and-off again girlfriend with his service pistol during an argument. During the initial interview with authorities, the girlfriend seemed apprehensive around the officer and claimed an unidentified attacker shot her outside her apartment. However, she later changed her story to claim the officer had in fact accidentally shot her with his pistol. Taken as a whole, there was enough evidence at the time to arrest and charge the officer on suspicions of domestic abuse.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 20, 2023, Case #: 1:18cv5353, NOS: Employment - Civil Rights, Categories: Malicious Prosecution, Police Misconduct
Per curiam, the appellate division finds that the lower court properly found for the business in a trip and fall suit. The man failed to show that the mat in the business's doorway created a hazardous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 20, 2023, Case #: 04665, Categories: Tort
J. Fuller finds that the trial court properly dismissed defendant's motion to withdraw his guilty pleas to rape, aggravated assault and cruelty to children. The trial court lacked jurisdiction to grant the motion because it was filed outside the term of court in which defendant's sentence was entered. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: September 20, 2023, Case #: A23A1158, Categories: Sex Offender, Assault, Plea
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J. Golemon finds the trial court properly convicted defendant for felony evading and use of a vehicle as a deadly weapon. During the trial, defendant requested new counsel because his attorney wasn't Black. Defendant also attacked guards in the jail, receiving new charges. No resulting delays infringed on defendant's right to a speedy trial or his right to counsel. Defendant's complaints of counsel impairment do not weigh in favor of a finding of prejudice. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 20, 2023, Case #: 09-22-00039-CR, Categories: Weapons, Speedy Trial, Vehicle
[Consolidated.] J. Tucher holds that the trial court properly rejected Environmental Quality Act challenges to the long-range development plan for the University of California, San Francisco campus. The plan's environmental impact report adequately considered alternative development plans and the actions needed to mitigate wind impacts. The report should have considered public transit impacts, but the omission was not prejudicial because the report provides enough information to inform the public about the project's likely adverse impacts. The school was not required to analyze visual impacts because the development is an infill site, nor was it required to adopt mitigation measures for historical buildings that will be repurposed. Affirmed.
Court: California Courts Of Appeal, Judge: Tucher, Filed On: September 20, 2023, Case #: A166091, Categories: Administrative Law, Construction, Environment
J. Barrett finds the Arkansas Workers’ Compensation Commission properly denied the caregiver’s claim for additional medical treatment, temporary partial-disability, wage-loss benefits, and attorney fees for her workplace injury caused by a collision with a wheelchair. The caregiver has a history of motor vehicle accidents involving injuries to her neck, back, and hip prior to her compensable injury. On surgical follow up, a doctor noted that the caregiver's nerve pain was gone, and she admitted that her right hip pain had been resolved. An expert's undisputed medical opinion states that another doctor's treatment is not related to compensable injuries. The caregiver is not entitled to lost wages or attorney fees. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 20, 2023, Case #: CV-22-570, Categories: Workers' Compensation
J. Myren finds that the circuit court improperly determined that the Day County Board of Adjustment could reconsider and modify a previously granted variance. The variance issue arises from a violation by property owners who altered the grading and added rocks to the property. The Board of Adjustment no longer had the authority to reconsider the variance. Reversed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: September 20, 2023, Case #: 2023SD50, Categories: Property, Zoning
J. Valenzuela reverses the lower court's grant of habeas relief to defendant, a noncitizen who was arrested for trespassing. Defendant's claim the property on which he trespassed did not have a fence is not a cognizable pretrial claim, as this "factual dispute is precisely the type of claim appropriately vindicated at trial." Reversed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: September 20, 2023, Case #: 04-23-00156-CR , Categories: Habeas, Trespass
Per curiam, the circuit denies the Honduran illegal immigrant's petition for review of a decision of the Board of Immigration Appeals upholding an immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. The BIA applied the correct legal standards to the immigrant's withholding of removal and CAT claims, and substantial evidence supports the factual conclusions regarding his ineligibility for CAT protection.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 20, 2023, Case #: 20-60974, Categories: Immigration, Due Process
J. Fallon denies summary judgment to a river transportation company on its argument that Hurricane Ida was an Act of God and, therefore, it should not be found liable for negligently monitoring and securing its fleet of barges because no amount of precaution would have prevented a series of damaging, storm-related “breakaways.” Deciding the Act of God defense’s applicability raises questions surrounding the conditions decision makers faced, which conditions were known by whom and when, whether decision makers acted reasonably given these circumstances, and more. In short, there are too many questions of material fact to warrant summary judgment.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: September 20, 2023, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Damages, Negligence
J. Hellmen finds the trial court properly denied defendant’s motion to dismiss on double jeopardy grounds after he was convicted of firearms violations and menacing. “A conviction by a nonunanimous jury is not an acquittal, nor is it a finding of insufficient evidence. It is a conviction obtained in violation of constitutional protections. As such, defendant is subject to retrial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: September 20, 2023, Case #: A176269, Categories: Firearms, Jury, Double Jeopardy
J. Powers finds the trial court properly convicted defendant of running a red light based on a photo red light camera. The law “sets out conditions precedent for the issuance of a citation, and the appropriate way to challenge the existence of those conditions is with a pretrial motion.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: September 20, 2023, Case #: A179312, Categories: Intent
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. Virden finds the circuit court properly awarded $39,085 in attorney fees to the estate administrator in the underlying trust-administration case regarding the removal of the trustee. Detailed findings were made regarding how the amount was calculated, and nothing indicates that the court granted the award without due consideration. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: September 20, 2023, Case #: CV-21-40, Categories: Trusts, Wills / Probate, Attorney Fees