178 results for 'filedAt:"2024-04-24"'.
J. Joyce finds the trial court properly continued a FAPA restraining order against respondent after finding him to be a continuing credible threat to petitioner’s physical safety. “Respondent’s immigration issue continued after the parties separated, and there was a volatile incident between the parties after they separated, the evidence was sufficient.”
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: April 24, 2024, Case #: A180897, Categories: Family Law, Restraining Order
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J. Mooney finds the trial court properly declined to acquit defendant of second-degree animal neglect involving a mare and her foal. The “state presented evidence that the very young, injured foal was found attempting to nurse from a mare with no milk supply.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178592, Categories: Animal Cruelty
J. Lange denies a Department of the Interior motion to dismiss an amended complaint involving self-determination contracts under the Tribally Controlled Schools Act of 1988 under which the Lower Brule Sioux Tribe received federal funds to operate tribal schools that otherwise would have been operated by the federal government. The government collected a deficit of funds that the school would have otherwise received after the Tribe used some of the money to fund tribal government operations other than schools. The Tribe also claimed that the government collected more than the total unearned-revenue balance. The alleged overcollection claim in the amended complaint remains but all the claims from the original complaint remain foreclosed.
Court: USDC South Dakota, Judge: Lange, Filed On: April 24, 2024, Case #: 3:21cv3018, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Education, Native Americans
J. Klappenbach finds the trial court properly convicted defendant for boating while intoxicated. A wildlife officer stopped defendant's boat after he observed his aggressive operation related to cutting off a jet ski. The unsafe speed and closeness of the vessels provided probable cause for the stop. Sobriety tests were administered after the officer smelled alcohol, with defendant failing them all. Sufficient evidence supports the court's ruling. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 24, 2024, Case #: CR-23-573, Categories: Evidence, Dui
J. Murphy finds the circuit court properly denied the stepfather's petition to adopt his 13-year-old stepdaughter. The stepfather sought adoption after the child's biological father petitioned to establish paternity and visitation. Though the healthy, academically achieving daughter considers her stepfather her father, having no interest in visitations with her biological father, the record demonstrates the mother hindered the biological father/daughter relationship by not telling him about her for the first two years of her life. The mother also told the daughter she was conceived by rape. The biological father has regularly paid child support, also carrying insurance on the daughter. Adoption is in derogation of the natural parent's rights and the biological father has contested the adoption. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 24, 2024, Case #: CV-23-311, Categories: Evidence, Family Law, Guardianship
J. Gibbons finds the district court improperly denied the "gig" worker's petition for review of his liability for overpayment of pandemic assistance benefits. The appeals referee made no findings demonstrating he considered the nuances of the gig economy or whether a diminution of usual services occurred due to the pandemic. The referee improperly relied on the worker's testimony he had no job offers retracted due to the pandemic to conclude he was an unreliable witness. Reversed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: April 24, 2024, Case #: 85942-COA, Categories: Employment, Evidence, Covid-19
J. Toth finds the Board of Veterans Appeals properly issued its decision after an Army Vietnam veteran asked the board to delay issuing the decision regarding his disagreement with the effective date of compensation for cardiovascular disease. He sought delay until after his representative received a copy of his claims file in order to submit evidence. The veteran then filed a formal appeal for direct review, which allows for a more immediate decision, and the board issued its opinion before evidence was submitted. Because other procedural options exist, the fair process doctrine does not entitle the veteran to a delay when he requested expedited review. Affirmed.
Court: Court Of Appeals For Veterans Claims, Judge: Toth, Filed On: April 24, 2024, Case #: 22-3957, Categories: Health Care, Veterans, Due Process
J. Badding finds that defendant was properly denied a new trial after he was convicted of indecent exposure for masturbating in front of his neighbor because the victim was not required to provide the specific dates of defendant's repeated exposures and was otherwise credible. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: April 24, 2024, Case #: 22-1110, Categories: Sex Offender
J. Buller finds that defendant was properly convicted of assault and criminal mischief for headbutting a patron outside of a bar in front of another witness and shattering the bar window with his boot. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: April 24, 2024, Case #: 22-1364, Categories: Assault
J. Stone finds that the trial court should not have recused a judge in this divorce case based on the husband's claim of impartiality. There was no evidence that the judge was “biased, prejudiced, or interested in the cause” of this matter. Reversed and vacated.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: April 24, 2024, Case #: 55,605-CA, Categories: Evidence, Family Law
J. Robinson finds that the trial court should not have granted a partial finding for the plaintiff driver on the issue of causation of injury. The evidence presented did not show that the plaintiff driver was in good health prior to the accident and was insufficient to show that no genuine issue of material fact existed as to whether the accident caused the injury. Reversed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: April 24, 2024, Case #: 55,211-CA, Categories: Evidence, Negligence
J. Hess finds that despite the lack of physical evidence, defendant's rape convictions were not against the weight of the evidence. The victim's testimony about several instances of both oral and vaginal sex, some of which included defendant choking her, established all the elements of the offenses and proved his guilt beyond a reasonable doubt. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: April 24, 2024, Case #: 2024-Ohio-1640, Categories: Evidence, Sex Offender
J. Greer finds that defendant was properly convicted of OWI, third offense, since the lower court accepted his guilty plea and defendant failed to point to evidence of actual innocence evidence that would have changed the outcome of his trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: April 24, 2024, Case #: 23-0859, Categories: Evidence, Dui, Plea
J. Langholz finds that a mother's petition to terminate the father's parental rights was properly denied because mental health treatment being administered to the father at the relevant time precluded him from maintaining contact with his son. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: April 24, 2024, Case #: 23-0953, Categories: Family Law
J. Ahlers finds that a mother's parental rights were properly terminated since she failed to respond to treatment for long-term substance abuse and mental health problems. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 24, 2024, Case #: 24-0284, Categories: Family Law
J. Tabor finds that the parties' parental rights were properly terminated because the father physically abused the children, and the mother, who was homeless, suffered an untreated substance abuse problem. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 24, 2024, Case #: 24-0327, Categories: Family Law