234 results for 'filedAt:"2023-09-27"'.
J. Ahlers finds that the lower court properly declined to suppress evidence in defendant's trial for various drug offenses because the warrant to search his property was supported by an anonymous tip, information from a former roommate, and a controlled drug buy. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: September 27, 2023, Case #: 22-0558, Categories: Drug Offender, Search
J. Boulee partially grants the state officials' motion for summary judgment in an action brought by nonprofit organizations challenging the constitutionality of two ballot application provisions of Georgia Senate Bill 202. The provisions at issue bar groups from sending voters absentee ballot applications with pre-filled information and require that groups send applications for absentee ballots only to those who have not already requested, received or voted an absentee ballot. The provisions do not impose severe restrictions on the organizations' First Amendment freedom of association rights and serve the state's interest in decreasing voter confusion and combatting complaints of fraud. However, the officials failed to show that they are entitled to judgment as a matter of law on the organizations' free speech claim.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: September 27, 2023, Case #: 1:21cv1390, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, First Amendment
J. Bulsara denies in part a motion to dismiss a third-party management firm’s breach of contract claims alleging a pharmaceutical company breached the terms of an agreement to act as its sales manager by selling its FDA-approved Soliris-brand autoimmune and blood disorder medication directly to competitors for use in clinical trials and later terminating the deal without cause. The court finds the oral agreements are enforceable, as the manufacturer had partially performed under the deal when it provided 18 months’ worth of backorders to be fulfilled after it awarded the contract.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: September 27, 2023, Case #: 1:20cv2052, NOS: Other Contract - Contract, Categories: Health Care, Contract
J. Badding finds that the state properly revoked bond after defendant pleaded guilty to intimidation with a dangerous weapon because defendant had been using controlled substances and participating in criminal activity while out on bond. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: September 27, 2023, Case #: 23-0229, Categories: Bail, Weapons
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J. Chen enters judgment in favor of Brookhaven on a property owner’s due process, equal protection and takings claims alleging the town prevented it from using its property as a car dealership with outdoor storage for motor vehicles, finding his takings claim is not yet ripe for adjudication and his other claims have already been litigated in state court.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: September 27, 2023, Case #: 2:20cv2548, NOS: Other Statutory Actions - Other Suits, Categories: Property, Due Process, Equal Protection
J. Chicchelly finds that defendant was properly convicted of involuntary manslaughter and child endangerment resulting in death after his three-month-old child died of brain injuries. Defendant contends he had not been properly Mirandized, but evidence from the police interrogation was admissible since defendant was not in custody at the time. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly , Filed On: September 27, 2023, Case #: 22-0687, Categories: Miranda, Manslaughter
J. Chicchelly finds that defendant was properly sentenced based on his guilty plea to one count of criminal mischief after damaging the victim's property following a payment dispute because the court considered defendant's age and lack of criminal history at sentencing. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: September 27, 2023, Case #: 23-0213, Categories: Sentencing
J. Hellman finds the trial court abused its discretion in denying defendant’s third motion to substitute counsel. “The law allows the trial court to take into account all known circumstances when determining whether to grant a motion for substitution of counsel.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: September 27, 2023, Case #: A175599, Categories: Domestic Violence
J. Ahlers finds that the parties' parental rights were properly terminated since the mother was a chronic substance abuser and the father was incarcerated and maintained insignificant contact with the child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: September 27, 2023, Case #: 23-1125, Categories: Family Law
J. Greer finds that the parties' parental rights were properly terminated since the mother failed to bring her disabled child to multiple medical appointments after the child lost a substantial amount of weight, and both parents' histories included substance abuse and mental health issues. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: September 27, 2023, Case #: 23-1164, Categories: Family Law
J. Greer finds that defendant was properly convicted of sexual exploitation by a school employee after grooming and physically assaulting her student because evidence indicated defendant pursued a pattern, practice, or scheme to engage in sexual conduct by oversharing personal information, hugging, and sending inappropriate emails to the victim.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: September 27, 2023, Case #: 22-0390, Categories: Sex Offender, Child Victims
J. Thompson finds that the trial court properly ordered the interdiction of a retired professor. The niece, who was appointed as curator, properly showed the need for interdiction because the professor received a diagnosis of dementia in 2020, and there was testimony from three physicians confirming the dementia and recognizing that he could not consistently make reasoned decisions regarding his person or his property. However, the niece should not have been appointed curator over the professor's long-time partner because the niece lives out of state, he revoked the niece's power of attorney, and the niece used $5,000 of his own money in an attempt to interdict him. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: September 27, 2023, Case #: 55,235-CA, Categories: Evidence, Family Law
J. Hixson finds that the trial court properly revoked defendant's suspended sentence on his negotiated plea for felony failure to appear and sentenced him to 6 years in prison. Defendant was arrested for possession of crack and theft of property. The arresting officer testified that after receiving a call about a theft at O'Reilly's Auto Parts, he encountered defendant, who matched the description, and found cocaine on his person after a search. Tools stolen from O'Reilly's were later found nearby. The officer saw no other person in the area, and the evidence supports the conviction for theft. The state doesn't need to prove more than one offense, with the standard for revocation being that it is more likely than not that the offense occurred. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 27, 2023, Case #: CR-23-60, Categories: Drug Offender, Probation, Theft
J. Gruber finds that the trial court properly convicted defendant for manslaughter and tampering with evidence. Defendant was arrested pursuant to an investigation involving phone records after the victim was found in his residence with nine stab wounds, his corpse and the room covered in blood spatter. Defendant admitted to officers that he accidentally stabbed the victim twice after being sexually propositioned. There is nothing to connect the presence of drugs found in the victim's system to the murder, and a toxicology report was properly excluded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 27, 2023, Case #: CR-22-749, Categories: Evidence, Obstruction, Manslaughter
J. Michelson grants defendant dismissal of claims contending defendant broke an oral agreement to store $375,000 in cash and a Mercedes in Indiana while plaintiff was in prison and, ultimately, to deliver the cash and car to Michigan because neither party resides in Michigan or maintains continuous contacts with the state.
Court: USDC Eastern District of Michigan, Judge: Michelson, Filed On: September 27, 2023, Case #: 2:22cv11457, NOS: Other Contract - Contract, Categories: Property, Jurisdiction, Contract
J. Chase finds that the district court properly found for a title company's exception of no cause of action on a mortgage holder's claim that the title company and buyer coerced him into signing the HUD-1 Settlement Statement regarding the sale of his property. The mortgage holder does not present any evidence to support that he was coerced into signing the HUD-1 Settlement Statement. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase , Filed On: September 27, 2023, Case #: 2023-CA-0285, Categories: Property, Contract
J. Rubin partially denies the University of Maryland’s motion to dismiss allegations of hostile work environment, retaliation, and race, gender and age discrimination brought by a diagnostic radiation employee. The employee, a white woman over 40, described her supervisor as an “Indian/Asian” man who gave preferential treatment to women who were younger and of seemingly the same racial background as him. She claims that he stared and panted at her and bragged about the size of his prostate. The employee received two negative performance reviews after she made complaints internally and with the EEOC. The university is correct that the employees ADEA claim is barred by state sovereign immunity and her state-related claims are time-barred. However, her federal discrimination and retaliation allegations are not time-barred and will proceed.
Court: USDC Maryland, Judge: Rubin, Filed On: September 27, 2023, Case #: 1:22cv514, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Currault grants a request by the owner of a tree service, ordering a litigant to submit to a medical examination related to his personal injury suit against the business after the hydraulic steel legs of a truck were lowered onto his right foot. The litigant cites no authority that would preclude an examining physician for the tree service from obtaining his relevant history. Further, the litigant has placed his physical condition — specifically, his foot, ankle, knee and back — at issue by seeking to recover damages for those injuries allegedly resulting from the tree service’s negligence.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: September 27, 2023, Case #: 2:22cv4570, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Tort, Discovery
J. Cox finds that defendant was properly convicted of first degree rape when the victim is under the age of 13 for the sexual abuse of his stepdaughter. The victim testified that defendant called her into his room from the time she was four or five years old until she was 12 years old and stated that he would rub between her legs up to her vagina, put his body against hers, and put his penis inside her vagina. The victim's sister testified that defendant and the victim would spend time alone in his room with the door closed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,268-KA, Categories: Evidence, Sex Offender