2,814 results for 'judge:"Per curiam"'.
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment for the Department of Transportation in this suit brought by the air traffic controller trainee who failed his final assessment and was not retained. He made requests for academy operating procedures, emails, and copies of specific individuals’ application software profiles and Windows Explorer directories and folder structures under the Freedom of Information Act. The former trainee’s request is different from cited cases as it seeks information the DOT does not actively maintain. The FOIA does not impose such an obligation. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 10, 2023, Case #: 22-10848, Categories: Education, Transportation, Agency
Per curiam, the Fifth Circuit finds the district court properly imposed supervised release conditions when sentencing defendant on his conviction for importing 500 or more grams of meth. The challenged conditions, which were not pronounced at sentencing but included as part of the written order, and require drug testing while preventing possession or distribution, are part of the pronounced condition of treatment participation. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 10, 2023, Case #: 22-40016, Categories: Drug Offender, Sentencing
Per curiam, the Fifth Circuit dismisses an El Salvadoran native’s request for review of the Board of Immigration Appeal's order denying his application for withholding of removal and protection under the Convention Against Torture. On the run from the MS-13 gang, the immigrant has illegally entered the U.S. and been removed several times, with the board reinstating previous removal orders. The board’s denial of the application for withholding is not a final order of removal, and the petition for review is untimely because it was filed over 30 days after the reinstatement order became final. The appeal is dismissed for lack of jurisdiction.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 10, 2023, Case #: 22-60307, Categories: Drug Offender, Immigration, Jurisdiction
Per curiam, the circuit finds that the district court properly found for a New York City police officer accused of using excessive force by shooting a suspect to stop a car chase on a busy street. At the time of the incident, which endangered other drivers, pedestrians and police, it was not yet established that using deadly force on a driver trying to evade capture constituted excessive force. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 10, 2023, Case #: 21-2975, Categories: Vehicle, Civil Rights
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Per curiam, the Fifth Circuit dismisses the Honduran citizen’s petition for cancellation of removal. He was found removable due to his bad moral character, evinced by 12 years of misrepresenting his identity to government agencies. Federal law “precludes judicial review of factual findings that underlie a denial of relief.” The Fifth Circuit cannot review the district court’s finding about defendant’s moral character.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 21-60956, Categories: Fraud, Immigration
Per curiam, the appeals court finds the trial court improperly denied the former wife additional attorney fees in the dissolution of her and the former husband's marriage. The trial court failed to make sufficient, specific findings in its final judgment supporting denial of the attorney fees, limiting its review to the short-term nature of the marriage and small amount of marital assets without considering the wife and husband's respective financial resources. The portion of the court's judgment regarding the attorney fees is reversed, and the portion where it entered its equitable distribution award and found the husband and wife's premarital agreement valid is upheld. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 7, 2023, Case #: 22-0751, Categories: Family Law, Attorney Fees
Per curiam, the circuit denies a company's petition for review of the Federal Motor Carrier Safety Administration's refusal to grant it an exemption related to its pulsing, rather then the requisite steady, brake light module. The company fails to show the agency's decision is unreasonable or unsupported.
Court: DC Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 22-1260 , Categories: Administrative Law
Per curiam, the circuit upholds the district court's order denying defendant's motion to suppress evidence in his firearm and ammunition case. The officers had reasonable suspicion to stop defendant and search him. Affirmed.
Court: DC Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 21-3032 , Categories: Firearms, Search
Per curiam, the Fifth Circuit finds the district court improperly granted the gym’s renewed motion for judgment as a matter of law following a jury verdict in favor of the prospective gym member who was injured by a fall into an empty hot tub during a tour of the facility. The Fifth Circuit draws all reasonable inferences in favor of the jury verdict, which overwhelmingly found the gym to be mostly at fault. All evidence supports the jury’s finding. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 22-10182, Categories: Jury, Tort, Premises Liability
Per curiam, the appellate division finds that the trial court improperly convicted defendant of second-degree murder and weapons charges because video footage did not show codefendant entering defendant's white sedan, and defendant's presence near the shooting was not conclusive as to his involvement in the crime. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: KA 20-00081, Categories: Evidence, Murder
Per curiam, the appellate division finds that the lower court properly granted the state's application for continued confinement of a schizophrenic man who killed his building superintendent, believing the superintendent wanted to hurt him and his granddaughter. The record supports a finding that the man still suffers from a dangerous mental disorder and transfer to a non-secure facility might place endanger staff and other patients. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03751, Categories: Commitment
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant, a border patrol officer, by guilty plea for accepting a bribe by a public official. Defendant argues that a sentencing guideline cross-reference doesn’t apply to him, being there was no conspiracy and the only drugs were sham cocaine transported by an undercover agent. This argument fails because, as an officer, defendant orchestrated a drug vehicle crossing. A two-level enhancement for an aggravating-role adjustment was improperly applied. The conviction along with the cross-reference are affirmed. The enhancement for his aggravating role is vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 6, 2023, Case #: 22-40512, Categories: Drug Offender, Conspiracy, Bribery
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the fire captain's petition for a writ of mandamus to compel his promotion to battalion chief. The promotion decision was governed exclusively by the CBA between the labor union and the city; therefore, the captain had an adequate remedy by way of a grievance or arbitration. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2264, Categories: Employment, Government, Labor / Unions
Per curiam, the appellate division finds that the lower court properly found for the city in a trip and fall action stemming from a street pothole. The pedestrian failed to show that the city had notice of the pothole where she was injured. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03754, Categories: Tort
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault and criminal contempt after conducting an in camera review of the responding officers' memo books. While the victim testified that the officers wrote down what she told them at the scene, neither memo book contained any recorded statements by the victim to police. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03753, Categories: Evidence, Assault
Per curiam, the circuit finds that the district court properly denied defendant compassionate release from his mandatory life sentence for hostage-taking in light of defendant's involvement with the Plum Blossom Gang, which held a man and two women for ransom for a week, repeatedly beat them, raped the women again and again before strangling one of them, and shot the man in the head and left him for dead, actions that were described as "horrific." Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 6, 2023, Case #: 22-626-cr, Categories: Sentencing, Kidnapping, Gangs
Per curiam, the Supreme Court of Ohio finds the inmate's failure to raise any argument in his appeal regarding his mandamus claim against the parole board renders the claim abandoned. Meanwhile, the lack of any claim the parole board exercised judicial power when it based its parole decision, at least in part, on the inmate's alleged paternity of the child of his rape victim, forecloses any chance of success on his petition for a writ of prohibition. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2263, Categories: Criminal Procedure, Parole
Per curiam, the appellate division finds that Jack R.T. Jordan shall be disbarred from the practice of law in New York after he was disbarred by the Supreme Court of Kansas for repeatedly and baselessly accusing federal judges of lying in a FOIA suit.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03752, Categories: Attorney Discipline
Per curiam, the Supreme Court of Ohio finds that while the prison inspector inadvertently sent the wrong documents when the inmate made his initial records request, the lower court properly denied the inmate's request for statutory damages under the Public Records Act. The inspector not only reasonably believed she had satisfied the request, but also provided the correct documents as soon as the mistake was discovered. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2266, Categories: Public Record, Damages
Per curiam, the appellate division finds that the trial court properly calculated a father's imputed income in a post-divorce judgment. Based on the father's employment history and earning capacity, the calculation should be modified. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: CA 21-01647, Categories: Family Law