267 results for 'judge:"Smith "'.
J. Smith finds that the lower court properly tossed claims from an attorney against a law firm and three of its employees alleging that they made improper statements about him during proceedings in an underlying dispute. The attorney was accused by the firm of acquiring documents through misrepresentations, but the statements were made fairly during a legal trial and are therefore shielded by litigation privilege. Affirmed.
Court: Washington Court Of Appeals, Judge: Smith, Filed On: June 26, 2023, Case #: 84426-1-I , Categories: Privilege
J. Smith finds that the lower court properly entered a take-nothing judgment against the appellants in this breach of contract dispute involving the construction and sale of two townhomes. The appellants argue that the proceeds were not properly disbursed following the sale of the townhomes, but they failed to adequately show a breach of contract or fraud. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 26, 2023, Case #: 05-22-00921-CV, Categories: Real Estate, Contract
J. Smith finds the trial court properly applied a sentencing enhancement for two or more prior state convictions ���relating to the sexual exploitation of children��� in sentencing defendant to 35 years in prison on a guilty plea conviction also related to sexually exploiting kids. Defendant argues that his previous convictions were for exposing himself, and that the relevant code refers specifically to the production of child pornography. The Fifth Circuit determines that the phrase ���relating to��� is very broad in reference and best interpreted as meaning any criminal sexual conduct involving children. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: June 23, 2023, Case #: 22-10412, Categories: Sentencing, Sex Offender, Child Victims
J. Smith finds the district court properly dismissed the inmate���s claims of civil rights violations arising from the officials��� alleged ignoring of his health care complaints which eventually led to his toes exploding and the amputation of his foot. The prisoner���s complaint alleges no instance of medical negligence, aside from his own, that occurred in the jail and that was caused by the health care provider. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: June 23, 2023, Case #: 22-40663, Categories: Civil Rights, Health Care, Prisoners' Rights
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J. Smith finds a lower court properly dismissed product liability claims brought by the wife of a deceased spouse against Home Depot. The wife, now widowed, argued that Home Depot is responsible for her husband's death after he fell from a Telesteps Model 16S ladder and hit his head on a church pew. However, Home Depot presented sufficient evidence in court that the ladder may have not been fully opened and locked at the time of the incident. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 22, 2023, Case #: 22-2437, Categories: Negligence, Product Liability, Wrongful Death
[Consolidated.] J. Smith withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court properly entered a final order in a suit affecting the parent-child relationship and properly entered a protective order against the mother. The mother fails to establish her argument that the orders are "structurally defective." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 22, 2023, Case #: 05-21-00242-CV, Categories: Civil Procedure, Family Law
J. Smith finds that the lower court properly granted summary judgment in favor of the school district in this lawsuit asserting a retaliation claim under the Texas Whistleblower Act. The school district sufficiently established its affirmative defense, arguing that the former employee "would have been, and was, terminated for substantiated misconduct." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 21, 2023, Case #: 05-22-00384-CV, Categories: Civil Procedure, Whistleblowers, Employment Retaliation
J. Smith, by certificate of appealability, finds the district court properly dismissed the capital murder death row inmate���s habeas petition. Though he says his late filing is excusable due to the Office of Capital Writs failure to fully investigate his mental health, his counsel did investigate by requesting a medical evaluation, at which point they were meaning to determine whether or not to allow the inmate to dismiss them and proceed pro se. Counsel was not ineffective in this. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: June 19, 2023, Case #: 21-70008, Categories: Death Penalty, Habeas, Murder
J. Smith denies, in part, an allegedly predatorial landlord's motion for partial summary judgment on claims filed by two former female trailer park tenants who claim he pressured them to have intercourse and oral sex in exchange for rent. There are questions of fact that preclude summary judgment on the women's assault, fair housing and invasion of privacy claims.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: June 15, 2023, Case #: 5:18cv1096, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Privacy, Assault
J. Smith finds a lower court properly sentenced a defendant to 84 months in prison after a jury convicted him for being a felon in possession of a firearm. The defendant argued that the lower court erred in admitting evidence of a 18-year-old firearm conviction. However, the government presented sufficient evidence in court that the conviction was not too remote. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 22-1537, Categories: Firearms, Sentencing
[Consolidated]. J. Smith finds a lower court properly convicted two brothers for their participation in a massive drug ring, and then sentenced them to 360 and 336 months in prison. The first brother argued that his sentence is unreasonable, while the second brother argued that wiretap and surveillance recording should be tossed out. However, the government presented sufficient evidence in court that the first brother was granted a two- year downward variance for mentoring other inmates, while the second brother was not entitled to relief based on his extensive criminal history. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 21-3075, Categories: Drug Offender, Sentencing
J. Smith finds that the trial court properly found the individual to be a sexually violent predator. The individual failed to preserve his complaint regarding the lack of a limiting instruction given during the testimony of the state's expert witness. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 14, 2023, Case #: 10-23-00020-CV, Categories: Jury, Commitment
J. Smith finds a lower court properly dismissed a former Missouri council member's civil rights claims against the State. The former council member argued that the lower court erred in abstaining the issue until the results of her impeachment proceedings ended. However, she failed to pursue judicial review in State court. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 22-2388, Categories: Civil Rights, Government
J. Smith finds that the lower court improperly awarded attorney fees in this dispute over services provided at an apartment complex. The lower court rendered judgment in favor of the cleaning company, and there is a proper basis to award attorney fees. However, there were multiple charges that were severable. Accordingly, the issue of attorney fees should be remanded "to determine which fees are recoverable." Reversed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 13, 2023, Case #: 05-22-00493-CV, Categories: Civil Procedure, Attorney Fees
[Modified.] J. Smith changes several sentences in a judiciary opinion and denies a petition for rehearing. The trial court erred in striking a title company's statement of disqualification. The company filed the statement of disqualification a year after the judge accused it of participating in a ���name change shell game, trickery���and scheming��� to evade payment. No judgment had been entered, and issues of fraudulent transfer, alter ego or successor liability had not been presented. A statement of disqualification for bias is not impliedly waived as untimely under relevant code of civil procedure. ���There shall be no waiver of disqualification if���the judge has a personal bias or prejudice.��� The title company had also never filed a prior statement of disqualification and the statement was not insufficient on its face.
Court: California Courts Of Appeal, Judge: Smith, Filed On: June 13, 2023, Case #: F084913, Categories: Judiciary, Due Process
J. Smith finds a lower court properly sentenced a defendant to 380 months in prison after he was convicted for distributing a controlled substance in close proximity to a protected location, and for possessing a firearm in furtherance of a drug trafficking crime. The defendant argued that length of his sentence is unreasonable. However, a police informant presented sufficient evidence in court that the defendant orchestrated a drug deal inside of a car wash near a park and playground. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 12, 2023, Case #: 21-3830, Categories: Drug Offender, Firearms, Sentencing
J. Smith finds that the district court improperly reversed a bankruptcy court���s order requiring a standing Chapter 13 trustee to return her percentage fee when a case was dismissed prior to confirmation. The Ninth Circuit joined the Tenth Circuit in holding that a trustee is not entitled to a percentage fee of plan payments as compensation for work in a Chapter 13 bankruptcy matter. Reversed.
Court: 9th Circuit, Judge: Smith, Filed On: June 12, 2023, Case #: 22-35216, Categories: Bankruptcy
J. Smith finds that the trial court should have admitted declarations from an injured worker's experts before granting summary judgment to an employer and its insurer. A triable issue of fact existed about the medical probability that the worker contracted histoplasmosis from bird feces at a facility where he worked and lived for extended periods. Reversed.
Court: California Courts Of Appeal, Judge: Smith, Filed On: June 6, 2023, Case #: F083502, Categories: Negligence, Experts
J. Smith finds a lower court properly sentenced a former deputy sheriff to 300 months in prison after he was indicted on six counts of child pornography offenses. The former deputy sheriff argued that his sentence is unreasonable based on his age and health issues, and that he was remorseful for his actions, which included attempting to induce a minor to produce child pornography, enticement of a minor, and transferring obscenity to a person under 16. However, the government presented sufficient evidence in court that his actions were "among the most serious offenses" the court has seen, which does not entitle him to "getting a break." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 6, 2023, Case #: 22-1514, Categories: Evidence, Child Victims, Child Pornography
J. Smith finds the trial court properly ruled in favor of an insurance company, granting its motion for no-evidence summary judgment in a workplace injury suit brought by a worker. Because the worker fails to raise a fact issue concerning the trial court���s ruling, it can be concluded that the court did not err. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 2, 2023, Case #: 03-21-00418-CV, Categories: Civil Procedure, Evidence, Insurance
J. Smith finds that the trial court properly terminated the mother's parental rights to her son. The evidence was sufficient to support the finding that the mother engaged in endangering conduct, including her "history of criminal activity and drug use." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 24, 2023, Case #: 10-23-00086-CV, Categories: Evidence, Family Law
J. Smith finds that the lower court properly granted summary judgment in favor of the appellee in this dispute over the ownership of a dog. The appellant sued for conversion, after her sister allegedly took her dogs to the animal shelter and one of them was released to appellee for adoption. However, she failed to provide sufficient evidence to support her conversion claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 22, 2023, Case #: 05-22-00016-CV, Categories: Evidence, Conversion