217 results for 'judge:"Brown"'.
J. Brown finds that the trial court properly convicted defendant of reckless conduct and criminal damage to property for firing his gun at a truck. The trial court correctly denied defendant's motion for a directed verdict on the property damage offense because the state offered evidence of the cost to repair the truck. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 31, 2023, Case #: A23A0334, Categories: Property Crimes
J. Brown finds the trial court properly granted summary judgment to the redevelopment authority in this suit brought by the purchasers on fraud and breach of contract claims as to the sale, leasing and general repurposing of surplus military base land. The representation made by the trust regarding plans for the land as a historic area were expressions of opinion or predictions of future events, not misrepresentations of material fact. The purchasers failed to provide sufficient evidence that the trust knew the representations to be false at the time they were made, and so the “Delta” exception is inapplicable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 31, 2023, Case #: CV-21-247, Categories: Fraud, Property, Contract
J. Brown finds that the trial court properly convicted defendant of robbery by intimidation, theft by taking and battery. The charges arose after defendant locked two jailers in a cell and escaped jail in a minivan. The trial court correctly denied defendant's motion for a directed verdict of acquittal on the battery offenses. Sufficient evidence of visible bodily injury to the jailers as alleged in the indictment was presented to support defendant's convictions. The trial court correctly instructed the jury and did not commit any error by refusing to charge the jury on attempt to commit robbery by intimidation. The crime of robbery by intimidation was completed when defendant or another inmate got hold of the master key. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 30, 2023, Case #: A23A0308, Categories: Robbery, Theft, Battery
J. Brown finds that the trial court improperly entered an order requiring defendant to pay $3,400 in restitution for damaging a truck after he pleaded guilty to criminal damage to property. The state failed to prove that the fair market value of the truck when it was damaged did not exceed the estimated cost to repair the damage. Vacated.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 26, 2023, Case #: A23A0750, Categories: Restitution, Property Crimes
J. Brown finds that the trial court properly found in favor of the insurer in a negligence action brought by the truck driver arising from a collision with a van driver. The parent company of the van driver's employer does not fall under the definition of "motor carrier" under the Motor Carrier Act. There is no genuine issue of fact as to whether the van was a public conveyance. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 26, 2023, Case #: A23A0609, Categories: Insurance, Negligence
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J. Brown finds the circuit court properly granted summary judgment to the water authority in this wrongful termination suit. No genuine issue of material fact exists in relation to the former employee’s claims under the Arkansas Whistleblower Act or the Arkansas Civil Rights Act. The employee failed to refute the evidence that he was terminated for the legitimate, nondiscriminatory reasons of failing to meet expectations and for insubordination and harassment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 24, 2023, Case #: CV-21-252, Categories: Evidence, Employment Retaliation
J. Brown finds that the district court should not have denied accountants' petition for judicial review of an adverse administrative decision by the board. In this case, the record does not contain the administrative proceedings, the final decision of the board or any evidence supporting the Board’s finding. Therefore, this court cannot conduct a de novo review of the final decision. Reversed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 19, 2023, Case #: 2022-CA-0727, Categories: Administrative Law, Civil Procedure