J. Baker finds the circuit court improperly dismissed the inmate convicted in the "Memphis 3" murder's request for additional DNA testing. The circuit court misinterpreted the plain language of the relevant statute, consistent with other law, that “any person... who has alleged actual innocence...” is entitled to petition for a writ of habeas corpus. The court clearly erred when it dismissed the petition on the grounds that defendant was not in state custody at the time it was filed. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: April 18, 2024, Case #: CR-22-670, Categories: Dna, Habeas, Murder
J. Lewis finds the trial court properly convicted defendant for racketeering, conspiracy, discharging a firearm into a dwelling, assault and battery with a deadly weapon, shooting with intent to kill, and possession of a firearm after former conviction of a felony, sentencing him to 60 years in prison. The court correctly instructed the jury on the elements of racketeering and substantial evidence supports all convictions. Defendant shows no error in any of his 11 contentions. All sentencing factors were properly considered. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lewis , Filed On: April 18, 2024, Case #: F-2021-485, Categories: Firearms, Conspiracy, Racketeering
J. Chesney dismisses wrongful death claims against Contra Costa County officials stemming from the death of a foster child who had been placed in the care of a foster parent chosen by the county. The complaint has already been tossed twice before, and the same issues persist on its third version. The county was not presented with a claim by the proper date, shielding officials from the claims.
Court: USDC Northern District of California, Judge: Chesney, Filed On: April 18, 2024, Case #: 3:19cv7152, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death
J. Payne grants the game app developer's motion to compel mandatory alternative dispute resolution. The creators of the popular app Candy Crush launched the Candy Crush All Stars 2023 Tournament, which allowed Candy Crush players worldwide to compete for a chance to win $250,000 in prizes and an expense-paid trip to London. A participant accuses the creators of omitting or actively misrepresenting certain information to participants, which caused them to overestimate their chances of success and spend more than they otherwise would have on in-app purchases to boost their competitiveness. The participant agreed multiple times to the developer's terms and conditions, which contain a clause on settling matters out of court.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: April 18, 2024, Case #: 3:23cv314, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
J. Johnson finds the trial court properly granted the ammunition marketer's request for a temporary injunction. Evidence shows that the former chief operating officer of the marketing company intended to resign and sell products to competitors in order to harm the marketer. No evidence shows the trial court abused its discretion in granting the injunction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 18, 2024, Case #: 09-23-00026-CV, Categories: Business Practices, Contract, Injunction
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J. Womack finds the circuit court improperly denied the remaining plaintiffs-attorneys' petition for declaratory judgment. The attorneys, as officers of the court, seek to carry guns in court. As officers of the court, according to the clear language of amendment 80 of the Arkansas Constitution, the attorneys are allowed to carry guns in courthouses. The Arkansas supreme court distinguished courtrooms from courthouses because the General Assembly distinguished them in the section being interpreted, not considering courthouses and courtrooms the same. "Courtroom"-specific claims may proceed. The first-named attorney/plaintiff is collaterally estopped from pursuing claims at bar. Affirmed in part. Reversed in part.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: April 18, 2024, Case #: CV-23-477, Categories: Constitution, Firearms, Attorney Discipline
J. Hudson finds the circuit court properly denied defendant's petition for writ of mandamus seeking to withdraw his guilty plea for his conviction on a charge of attempting to furnish a prohibited article into a correctional facility. Separate from his murder, assault, burglary, and kidnapping charges, defendant attempted to introduce a cell-phone battery into his jail cell while awaiting trial. After a guilty plea conviction, the conviction and sentence cannot be modified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 18, 2024, Case #: CR-23-646, Categories: Sentencing, Smuggling, Plea
J. Rowland finds the trial court properly convicted defendant for 2 counts of murder, sentencing him to death. Defendant became the prime suspect after a bank employee notified police of a series of transactions on the victim's debit card after her and her young son's deaths at their home. Defendant was identified by ATM photos and the testimony of the victim's sister, as well as testimony of multiple witnesses of preceding events. Even if the "knowingly creating a great risk of death" aggravator is invalid on certain counts, the remaining valid aggravating factor outweighs mitigating evidence and supports the sentence. The jury's finding that the murder was especially heinous or cruel, as well as defendant's high risk for reoffending is well supported. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: April 18, 2024, Case #: D-2019-542, Categories: Death Penalty, Murder, Sentencing
J. Stiglich finds the district court improperly granted injunctive relief preventing the Secretary of State from placing an initiative petition on the ballot. The reproductive rights advocacy group's initiative petition would grant individuals the right to make all their own decisions regarding a pregnancy. An opposing group asserted that the initiative violated the single-subject requirement, as it considered medical procedures unrelated to pregnancy or abortion. The petition has a single subject of establishing a fundamental right to reproductive freedom. All the provisions are germane or functionally related to that subject. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 87681, Categories: Administrative Law, Elections, Health Care
J. Johnson denies a request from the Spokane County prosecutor for an order directing the secretary of the Washington State Department of Social and Health Services to provide "competency services" in criminal proceedings. For such a request to work, the secretary would have to be a state officer under the law. Because he is not, he cannot be compelled to do so.
Court: Washington Supreme Court, Judge: Johnson, Filed On: April 18, 2024, Case #: 101520-8, Categories: Civil Procedure, Government
J. VanMeter finds that an indefinite suspension should be imposed upon attorney Gary Alan Tabler for failing to timely estate inventories and periodic settlements while functioning as long-term administrator of an estate, then failing to respond to the charge.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: April 18, 2024, Case #: 2024-SC-0027-KB, Categories: Attorney Discipline
J. Lee finds the district court improperly determined that the manager of the LLC was the alter ego of the company, holding him personally liable for slip and fall injuries sustained on company property. The alter ego analysis requires that the court make specific findings as to influence and governance, unity of interest and ownership between the alleged alter ego and the company, and whether adherence to the idea of separate entities would sanction fraud or promote injustice. The court's findings as to these factors are not supported by substantial evidence. Reversed.
Court: Nevada Supreme Court, Judge: Lee , Filed On: April 18, 2024, Case #: 84800, Categories: Business Expectancy, Premises Liability
J. Lagoa finds that the district court properly ruled in favor of the sheriff and deputy in a civil rights action brought by the widower arising after the deputy fatally shot his wife while responding to a 911 call about her suicide attempt. The district court correctly instructed the jury on excessive force and the Baker Act. The modified pattern instructions on excessive force were properly tailored to the scenario the deputy encountered, which did not involve a criminal arrest, and designed to avoid needlessly confusing the jury. Although the Baker Act instruction was incorrect, the error was not prejudicial. The evidence allowed the jury to find that the deputy was justified in determining that the wife could not decide for herself whether a voluntary examination was necessary. The intoxicated wife was holding a knife and told the deputy to shoot her. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 18, 2024, Case #: 22-11106, Categories: Civil Rights, Jury, Police Misconduct
J. Kirsch finds that the lower court improperly upheld the Illinois Department of Corrections' policy prohibiting phone contact between a parent conviction of a sex offense and their minor child while the parent is on supervised release. The department may readily monitor calls as an alternative to an outright ban on phone contact, which denies parents the right to communicate with their children. Reversed in part.
Court: 7th Circuit, Judge: Kirsch, Filed On: April 18, 2024, Case #: 22-2791, Categories: Communications, Due Process, Prisoners' Rights
J. Currier finds that the trial court improperly allowed plaintiff to continue medical malpractice claims contending the patient suffered a deadly allergic reaction to medication because no basis existed for the judge to direct one of the physicians to certify that he prescribed allopurinol in his capacity as a gastroenterologist because that prescription was at the heart of the "care and treatment" at issue. Reversed.
Court: New Jersey Appellate Division, Judge: Currier , Filed On: April 18, 2024, Case #: A-3847-22, Categories: Medical Malpractice
J. Lee finds that the district court properly denied defendant's motion to suppress in a case in which defendant argued that a police officer violated the Fourth Amendment by asking about parole status during a traffic stop. Asking about parole status during a traffic stop does not offend the Fourth Amendment because the question reasonably relates to the officer’s safety. However, the matter is remanded in part so that the district court can correct the written judgment to conform it to the oral pronouncement of sentence. Affirmed in part.
Court: 9th Circuit, Judge: Lee, Filed On: April 18, 2024, Case #: 22-50045, Categories: Parole, Search, Sentencing
J. Wiley finds that the trial court erred in denying an employer's special motion to strike a former employee's malicious prosecution complaint. The employer cannot be sued for malicious proscution because the former employee faced criminal charges for property destruction only after police conducted their own investigation, fully independent of the employer's. Reversed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 18, 2024, Case #: B324368, Categories: Anti-slapp, Malicious Prosecution
J. Yu finds that the lower court properly denied defendant's request for a new trial stemming from his child molestation conviction. Defendant claims that he is entitled to a new trial because his legal team did not propose a lesser included offense instruction for fourth-degree assault. Even if his counsel had requested the lesser instructions, they still would have been denied because there was no evidence on the record to support them. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: April 18, 2024, Case #: 100953-4, Categories: Assault, Child Victims, Jury Instructions
J. Kemp finds the circuit court properly denied defendant's petitions for leave to proceed in forma pauperis and for extraordinary writs. Defendant was sentenced to 72 months in prison on his no-contest plea conviction on sexual assault charges. He does not plead the facial invalidity of the judgment or the trial court’s lack of jurisdiction, as necessary, having not pleaded his actual innocence. Defendant has not properly alleged illegal detainment. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: April 18, 2024, Case #: CR-22-450, Categories: Sentencing, Sex Offender, Plea
[Consolidated] J. Herndon finds the district court properly determined that a per se regulatory taking occurred, awarding $48 million to the landowner. The city adopted a plan reclassifying ranch land as allowing for "residential densities," along with a golf course. The owner's efforts to develop the property were rendered futile by the city's actions, supporting that the regulatory taking occurred. The court did not err in relying on the owner's expert's valuation to determine just compensation. The city did not challenge the valuation or provide an alternative. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: April 18, 2024, Case #: 84345, Categories: Administrative Law, Environment, Property
J. Stiglich finds the district court improperly declared several statutes regulating unfinished firearms unconstitutional, granting a permanent injunction against the laws' enforcement. The court found that the definition of "unfinished frame or receiver" was impermissibly vague, concluding that it did not explain key terms or notify individuals precisely when raw materials became an unfinished frame or receiver. The defining terms have ordinary meanings that provide sufficient notice of what the statutes proscribe. The statutes are general intent statutes that do not lack a scienter requirement and do not pose a risk of arbitrary or discriminatory enforcement. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 83999, Categories: Constitution, Firearms
J. Pickering finds the juvenile court improperly certified the juvenile for murder and robbery proceedings as an adult. The 14-year-old, with an IQ of 66, was originally found incompetent, followed by competency-restoration before he was eventually declared competent. The juvenile court did not address conflicting expert testimony as to the juvenile's understanding of the proceedings and ability to assist counsel. The court applied juvenile-court-specific competency standards, emphasizing that there is no right to a jury trial in juvenile delinquency adjudication. Vacated.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: April 18, 2024, Case #: 84563, Categories: Competence, Juvenile Law, Murder
J. Stiglich finds the district court properly entered summary judgment in favor of the property owner who claims his use of his property was denied. Before either property owners in this dispute acquired their land, a wall had been erected between the properties that didn't follow the property line. The owner sought to have the wall removed, and the other owner filed a complaint for a prescriptive easement or adverse possession. Adverse possession could not be established as the other owner did not pay the property taxes on the disputed property. A prescriptive easement would result in the owner's complete exclusion from the property. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: April 18, 2024, Case #: 85305, Categories: Property, Tax
J. Bybee finds that the district court improperly denied an individual's motion for preliminary injunctive relief in an action arising from two events, an abortion rally and an LGBTQ+ pride event, in which the individual, a devout Christian, sought to read Bible passages and was arrested for obstructing a police officer after he refused to move to a different location. The individual alleges that attendees at both events physically assaulted him, stole his Bibles and ripped them up. He further alleges that Seattle police opted to arrest the individual for obstructing rather than deal with the attendees who assaulted him. The individual established a likelihood of success on the merits of his First Amendment claim. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: April 18, 2024, Case #: 23-35481, Categories: Constitution, Assault, First Amendment
J. Copperthite denies the board’s motion to dismiss this sex discrimination lawsuit brought by a male student who was accused of sexual misconduct by a female student. The male student claims he was falsely accused and is a victim of gender discrimination because the university forced him to undergo an allegedly bias-ridden investigation process before expelling him. His pleadings allow a plausible inference of discrimination and he properly alleges the board deprived him of his due process rights. The student seeks declaratory and injunctive relief to require the board to reverse the hearing’s outcome, restore his reputation, expunge and seal the disciplinary and dismissal records, destroy the female student’s complaint and return him to good standing, but the court does not rule on this yet.
Court: USDC Maryland, Judge: Copperthite, Filed On: April 18, 2024, Case #: 1:23cv3100, NOS: Education - Civil Rights, Categories: Education, Due Process, Assault
J. Gallagher grants Southwest’s motion to dismiss this employment dispute brought by a former employee alleging breach of contract, hostile work environment, disability and race discrimination, failure to accommodate and violations of the Maryland Healthy Working Families Act. The employee alleges she was terminated for giving a coworker her username and password, as a supervisor suggested, and calling in sick from jail. Southwest alleges the breach of contract claim is preempted by the Railway Labor Act for disputes between rail and airline workers of a collective bargaining agreement. The employee fails to state a plausible claim to her hostile work environment, disability and race discrimination, failure to accommodate and the Maryland law. Therefore, all claims are dismissed without prejudice, except the breach of contract and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: April 18, 2024, Case #: 1:23cv2980, NOS: Employment - Civil Rights, Categories: Employment, Negligence, Contract