234 results for 'filedAt:"2023-09-27"'.
J. Virden finds that the trial court properly convicted a former Arkansas deputy of negligent homicide for fatally shooting an unarmed teenager. The deputy said he shot the the teen in the neck after the teen exited his truck and reached into the bed of the pickup while failing to comply with commands to show his hands. Two witnesses testified that they never heard the deputy tell the teen to show his hands. No abuse of discretion is found in denying the officer's requested jury instruction regarding the definition of "negligence," because the model instruction accurately stated the law, and the modification would have added a provision that did not exist. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: September 27, 2023, Case #: CR-22-377, Categories: Negligent Homicide, Jury Instructions
J. Pitman finds that the trial court properly found for the Louisiana Workforce Commission upholding the denial of an employee's claim for unemployment benefits because he was fired while incarcerated. In this case, the employee was fired for being absent from work for three days without reporting to his supervisor. The employee's claim that he was unable to report to work because he was following Covid-19 guidelines after he was released from jail is without merit because the employer's attendance policy did not require the employee to report to work, only that he call and bring a doctor's note. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: September 27, 2023, Case #: 55,198-CA, Categories: Employment, Evidence
J. Buller finds that a father was properly granted physical care of the parties' child in a custody dispute because the mother had been arrested for assault for throwing glass jars off her balcony and striking passersby, and she experienced significant mental health problems. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: September 27, 2023, Case #: 23-0374, Categories: Family Law
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J. Bendix finds that the trial court properly denied defendant's petition for resentencing on an attempted murder conviction because statutory changes were not applicable. However, his conviction for the murder of his robbery accomplice under the provocative act doctrine may have improperly been based on imputed malice stemming solely from his participation in the robbery and must be revisited for an evidentiary hearing. Reversed in part.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: September 27, 2023, Case #: B323940, Categories: Murder, Robbery, Sentencing
J. Hendrix denies, in part, a school district's motion to dismiss a former 5th grade math teacher's retaliation action, in which she claims she was fired for exercising her right to free speech and association when she posted comments about the district's post-Covid-19 mask policies. She sufficiently alleges her claims for her First Amendment retaliation claims.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: September 27, 2023, Case #: 1:22cv170, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Retaliation, First Amendment
J. Keller finds that upon reconsideration of defendant's habeas petition, which claimed false testimony related to his murder conviction, the court's previous denial stands. None of the newly presented material which alleges false testimony is convincing to likely change the outcome of his conviction.
Court: Texas Court of Criminal Appeals, Judge: Keller, Filed On: September 27, 2023, Case #: WR-81,574-02, Categories: Death Penalty, Habeas, Murder
J. Rowe finds that the trial court properly denied a client mandamus relief after previous counsel refused to provide trial transcripts from his criminal proceedings because mandamus is not an appropriate legal action with which to pursue this civil action. Affirmed.
Court: Florida Courts Of Appeal, Judge: Rowe, Filed On: September 27, 2023, Case #: 1D22-0404, Categories: Civil Procedure
J. Kelsey finds that the trial court properly found for the homeowners' association in malicious prosecution claims brought after the association pursued a lien for failure to pay dues and assessments because the lot owner, who had been aware of HOA obligations at the time of purchase, failed to demonstrate malice. Affirmed.
Court: Florida Courts Of Appeal, Judge: Kelsey, Filed On: September 27, 2023, Case #: 1D22-573, Categories: Malicious Prosecution, Property
J. Lampkin finds that the lower court improperly awarded a man $18 million after finding that the trucking company was the shipping broker's agent at the time of the accident. The evidence overwhelmingly shows that the driver and trucking company were not the broker's agents as the broker exercised little to no control over the company's drivers. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: September 27, 2023, Case #: 220633, Categories: Tort, Negligence
J. Streeter finds that the trial court properly denied defendant's petition for resentencing for second degree murder after relying on preliminary hearing testimony that established he was the actual shooter. The testimony was admissible because a sentencing court may consider any evidence previously admitted in any prior hearing. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: September 27, 2023, Case #: A165093, Categories: Confrontation, Murder, Sentencing
J. Thompson finds that defendant was properly convicted of distribution of cocaine and marijuana. In this case, there was police officer testimony that defendant sold drugs to a confidential informant. Further, based on surveillance video, the confidential informant was seen getting into defendant's vehicle, and the containers for the cocaine and marijuana can clearly be seen. Also, defendant's sentence as third felony offender of 20 years on each count, to run concurrently, is the minimum sentence on each charge under the statute for a third felony. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: September 27, 2023, Case #: 53,345-KA, Categories: Drug Offender, Evidence, Sentencing
J. Palafox finds a lower court ruled correctly when it convicted defendant of sexually abusing his daughter. Defendant argued that he had received ineffective counsel, but for the most part the record of this case is not “sufficiently developed to overcome the presumption of reasonable assistance,” and in a specific case where he argued his attorney had failed to object to inadmissible testimony, the testimony was in fact allowable and therefore “objections would have been futile.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: September 27, 2023, Case #: 08-23-00121-CR, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Shorr finds the trial court properly denied defendant’s motion for judgment of acquittal on stalking and telephone harassment charges. “The contacts were not protected expressions” and “the state’s evidence was sufficient to satisfy the Rangel standard.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A175405, Categories: Constitution, Harassment
J. Fallon denies requests by a vessel owner and a seaman to dismiss each other’s experts from trial of his personal injury claims, arising from an accident during which his hand was caught in mechanical capstan winch. All of the experts offered by both sides are sufficiently qualified through their training and experience to offer expert testimonies. Their opinions were formed using reliable methods.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: September 27, 2023, Case #: 2:21cv2253, NOS: Marine - Contract, Categories: Fraud, Maritime, Experts
J. Rodriguez finds a lower court ruled correctly in granting summary judgment to an oil company in a convoluted dispute with a property owner over “the validity of oil and gas leases and related partnership claims” after the oil company allowed its lease with the property owner to lapse in what he said was a breach of contract and fraud. There is “no evidence” of the company and property owner’s “intent to be business partners,” and therefore the oil company did not breach any agreements with the owner by failing to proactively communicate with him about the end of his lease. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 27, 2023, Case #: 08-22-00129-CV, Categories: Energy, Real Estate, Contract