187 results for 'judge:"Johnson"'.
J. Johnson finds the trial court properly modified the couple’s custody order, granting the father exclusive rights to designate the child’s primary residence and ordering the mother to pay support. The father has testified to, and entered evidence showing that he had a good relationship with his daughter, including engaging in extracurricular activities at school, before the mother moved to another city without notifying him. He has shown that the mother has been in several unstable relationships since the divorce and is financially irresponsible, and that his designating primary residence would be in the child’s best interest. All evidence and testimony support this. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 3, 2023, Case #: 09-22-00197-CV, Categories: Family Law, Guardianship
J. Johnson finds the trail court properly revoked defendant’s community supervision for his guilty plea conviction for evading arrest or detention with a previous conviction. Defendant pled “not true” at the revocation hearing to committing a new offense, failing to pay supervision fees, failing to pay court costs and fine, failing to pay court appointed attorney fees, and failing to pay substance abuse testing fees, and was sentenced to two years in jail after the court heard evidence. Video evidence shows defendant damaging a door when attempting to enter a residence where he was not allowed. This, and all other evidence supports revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 2, 2023, Case #: 09-22-00306-CR, Categories: Probation, Attorney Fees, Vandalism
J. Johnson finds the trial court properly granted Beaumont's plea to the jurisdiction, dismissing the firefighter's claims alleging wrongful termination. The firefighter was originally suspended for violations of sick leave policy, then terminated upon his appeal, with the Civil Service Commission finding that Collective Bargaining and Abeyance Agreements between him and the former fire chief were valid, and that the violations warranted dismissal. The firefighter filed suit against the city, and the district court properly found that he failed to timely file his appeal of the commission’s decision and that the court did not have jurisdiction to hear it. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 27, 2023, Case #: 09-22-00042-CV, Categories: Employment, Municipal Law, Contract
J. Johnson finds the trial court properly found in favor of the purchasers of a townhouse who found extensive repairs were needed after they moved in. Evidence was admitted that would allow a reasonable factfinder to conclude the home suffered a reduction in market value as a result of the sellers' conduct. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 27, 2023, Case #: 09-21-00222-CV, Categories: Fraud, Property, Trade
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J. Johnson finds that the trial court properly convicted defendant for the burglary of a vehicle. Security video from a vehicle adjacent to the victim's shows defendant clearly taking tools from the victim's vehicle. Though defendant pleaded "not guilty," the judgment states that he pleaded guilty and is reformed to correct the clerical error. Affirmed as reformed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 26, 2023, Case #: 09-22-00128-CR, Categories: Burglary, Evidence
J. Johnson finds that the trial court properly convicted defendant of murder after finding that he failed to prove that he acted under the influence of sudden passion. Though the crime scene includes evidence of an impending divorce between defendant and the victim, as well as the fact that the victim possessed a weapon she was prepared to use, other evidence, including recorded jailhouse phone calls and defendant's having disabled the victim's security cameras the day before the murder, provide more than enough evidence to show premeditation. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 26, 2023, Case #: 09-22-00115-CR, Categories: Evidence, Murder
J. Johnson finds that defendant had effective assistance of counsel during a hearing for an emergency order to authorize the involuntary administration of psychiatric drugs. A person subject to a competency hearing is entitled the counsel and may file a direct appeal to claim ineffective assistance. During the two days counsel had to prepare for the hearing he had access to all medical records, witnesses and defendant's treating physician, and defendant did not provide any reason why he should not receive the drugs. Affirmed.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: July 13, 2023, Case #: 22CA2278, Categories: Competence, Ineffective Assistance
J. Johnson finds that the lower court properly granted defendant a new trial after his sentencing for felony assault. The state in its original brief did not challenge the finding that "the officer over objection was allowed to render an opinion as to whether he believed the offense had taken place." The finding was an independent ground supporting the decision to grant a new trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: July 12, 2023, Case #: 10-22-00123-CR, Categories: Jury, Assault, Domestic Violence
J. Johnson finds the county court properly dismissed the beneficiary's complaint to modify his irrevocable trust. The various proposed modifications, such as deleting provisions for gifts on his death and simply terminating the trust are inconsistent with the trust's material purposes, namely the maximizing of resources to help petitioner become self-sufficient. The modifications are also not consistent with purposes as to the trustee, which center upon the use of assets for trust purposes, including assisting petitioner with limited amounts for various purposes such as business and medical expenses. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson , Filed On: June 30, 2023, Case #: 1-22-1120, Categories: Trusts, Wills / Probate, Contract
J. Johnson finds the trial court properly convicted defendant for murder and multiple counts of attempted murder for firing into a crowd of teenagers he mistook for rival gang members in retaliation for a prior shooting in which he was shot. All evidence and witness testimony support conviction. Though evidence of defendant's gang affiliation was excessive, irrelevant, and prejudicial, reversal is not required as the result would have been the same. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson , Filed On: June 30, 2023, Case #: 1-19-1353, Categories: Evidence, Murder, Gangs
J. Johnson finds the trial court properly dismissed with prejudice the intentional "Derivative Tort Claim" brought by the state prison inmate alleging that Law Librarians at the prison denied him access to the restroom during a "headcount." The inmate claims First, Fifth, Eighth, and Fourteenth amendment violations, though intentional tort claims are barred by sovereign immunity, and are not waived by the Texas Tort Claims Act. The allegations in the inmate's petition affirmatively negate jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: June 29, 2023, Case #: 09-22-00221-CV, Categories: Tort, Immunity, Prisoners' Rights
J. Johnson vacates the district court's decision that the father is not entitled to a hearing before a human-services judge to challenge a county's determination that his child has not been sexually abused. The district court did not have subject-matter jurisdiction over the proceeding, since the father did not serve his initial proceeding on the county as required by the relevant statute. Vacated.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: June 26, 2023, Case #: A22-1420, Categories: Civil Procedure, Family Law
J. Oden Johnson finds that the lower court properly convicted defendant of murder but improperly sentenced him to 50 years in prison. The evidence was sufficient to convict defendant, but the court did not ask defendant whether he wished to waive his right to appear in person at his sentencing hearing held via Zoom conference. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: June 23, 2023, Case #: 210754, Categories: Murder, Sentencing
J. Johnson finds the trial court properly found in favor of the residential fiber optic broadband service business partner who allegedly failed to form the LLC as an equal partnership, as agreed. An original “letter agreement” included material terms such as ownership units, capital contributions and the effective date of formation, though the amended and restated “company agreement” was never executed. The court also properly denied the prevailing party’s request for attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 22, 2023, Case #: 09-21-00340-CV, Categories: Business Expectancy, Attorney Fees, Contract
J. Johnson finds that the lower court properly declined to suppress evidence in defendant's murder trial. An officer found a body in a trailer after conducting a community caretaking check, and the lower court found that the community caretaking exception excused the lack of warrant because the officer was concerned for a woman's safety after she did not arrive to an appointment. The officer could see the body in plain view due to the small size of the trailer, did not open any doors or search any spaces, and announced himself clearly before entering. Affirmed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: June 8, 2023, Case #: 101385-0, Categories: Evidence, Murder, Search
J. Johnson affirms the trial court’s no-jury conviction of the defendant for one count of attempted murder, after the shooting of two men on a party bus. His 31-year prison sentence is remanded for resentencing. The trial court acquitted the defendant of attempted murder in the shooting of the first man, who remained in a hospital on life support. Defendant was convicted as charged in the shooting of the second victim, who still had a bullet lodged under his heart. Defendant correctly argued that his counsel was ineffective for failing to argue for a sentence reduction. Remanded for resentencing.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220296, Categories: Firearms, Intent, Sentencing
J. Johnson reverses and remands for a new trial the murder and attempted murder convictions of a 19-year-old defendant sentenced to 56 years in state prison. The trial court erred by refusing to provide certain jury instructions requested by defendant, including the specific intent required for attempted murder. The defendant claims the murder victim was a good friend of his from the school swim team and he did not know a codefendant was armed for a planned drug rip-off. The codefendant was acquitted of all charges.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 210848, Categories: Murder, Double Jeopardy, Jury Instructions
J. Johnson affirms the trial court’s convictions of the defendant for stealing an unattended car at a gas station then leading police on a high-speed chase until his arrest, after he crashed the vehicle into a building. The case is returned to the trial court to eliminate improperly added convictions. The defendant’s corrected convictions are for one count of aggravated auto theft and one count of unlawful flight to a peace officer, with concurrent sentences of four years and two years respectively. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220231, Categories: Ineffective Assistance, Sentencing, Vehicle
J. Johnson finds the trial court improperly denied an injured statehand’s motion to reinstate this suit after dismissal. The stagehand, working for the talent agency at the Conroe Cajun Catfish Festival, brought negligence allegations after falling off a stage and incurring injury. The record has nothing indicating that he was aware of or responsible for a calendaring mistake made by his attorney. No evidence supports the court’s conclusion that his failure to appear was intentional or resulting from conscious indifference. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 1, 2023, Case #: 09-22-00336-CV, Categories: Tort, Negligence, Due Process
J. Johnson finds the county court properly terminated the mother’s parental rights to her three minor children. The department of protective services received a report of neglectful supervision and meth manufacturing in the home, and the trial court found by clear and convincing evidence that statutory grounds existed for termination. The mother was not originally present at bench trial due to her involvement in court-ordered treatment. Recess was called and the trial resumed at a later date when the mother could be present. The trial commenced before the statutory automatic dismissal date, leaving the court with jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 1, 2023, Case #: 09-23-00021-CV, Categories: Family Law, Jurisdiction, Guardianship
[Consolidated.] J. Johnson finds that the district court properly found for a class of residents who resided, owned homes, owned businesses, and worked on the Agriculture Street Landfill site, awarding damages for emotional distress and diminution of property value against the Housing Authority. Additional discovery time was not warranted for the Housing Authority because the case has been pending for three decades. The Housing Authority had access to the proof of claim forms and the claimants underlying documentation since a 2011 judgment was rendered which created a database with that information. Further, award guidelines were set forth in the 2006 and 2013 holdings of the district court as to what claims are compensable and on what basis. The Special Master applied those guidelines to determine which class members were entitled to settlement proceeds from the Housing Authority's insurers and how much they were to receive. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 31, 2023, Case #: 2022-CA-0639, Categories: Property, Negligence, Class Action
[Consolidated.] J. Johnson finds that the trial court should not have granted a brother’s exceptions of no cause of action in consolidated cases and dismissed the sister's petition to enforce the consent judgment to pay $7,000 monthly to the parties' parents. The sister properly alleged that the brother did not perform his obligations under the consent judgment. Under the terms of the consent judgment, in consideration for the brother's promises to pay her parents a monthly allowance, the sister would withdraw her complaint against his wife with the Louisiana Accounting Board. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 31, 2023, Case #: 22-CA-539, Categories: Civil Procedure, Contract
J. Oden Johnson finds that the lower court properly ruled that the village did not have to provide health insurance for a pensioner's wife that he married four years after he was injured in the line of duty. The pensioner is not entitled to change from individual to family medical insurance because such status was not applicable when his certification was made. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 26, 2023, Case #: 220350, Categories: Health Care, Pensions