81 results for 'casenum:"10"'.
J. Smith finds that the trial court properly terminated the father's parental rights to his child. There was sufficient evidence to support the predicate ground of endangerment and the best-interest finding. This includes the father's "history of recurring substance abuse" and "drug-related incarceration." Also, the child was "very attached" to his foster family, which was able to provide him a safe and stable home. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 16, 2024, Case #: 10-24-00002-CV, Categories: Evidence, Family Law
J. Johnson finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the findings as to endangerment and the children's best interest. This includes the father's lack of financial support, history of drug use, and his "multiple criminal convictions and multiple periods of incarceration." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 2, 2024, Case #: 10-23-00364-CV, Categories: Evidence, Family Law
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J. Smith finds that defendant was properly convicted of murder and that his objections regarding the admission of certain evidence are without merit. The disputed testimony about a jail telephone call made by defendant in which he threatened an ex-girlfriend was relevant since it showed his knowledge about what had happened to the victim and also rebutted his theory that a different perpetrator murdered the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 18, 2024, Case #: 10-23-00146-CR, Categories: Evidence, Murder, Identification
J. Smith finds that the trial court properly denied the city's plea to the jurisdiction in a suit over its alleged mishandling of donations received after the death of a police corporal and other officers who were killed by a sniper during a demonstration in 2016. The city did not show that its actions in contracting with a charitable organization to process the mail and donations were "in the interest of the general public" or constituted a governmental function. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 10-23-00315-CV, Categories: Immunity, Conversion, Jurisdiction
J. Gray finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the endangerment and best interest findings. The father admitted to using illegal drugs, was aware the mother had used drugs during her pregnancy, and did not regularly visit the children after their removal. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: March 28, 2024, Case #: 10-23-00294-CV, Categories: Evidence, Family Law
J. Smith finds that the trial court properly terminated the mother and father's parental rights to their child based on sufficient evidence to support the best interest finding. The mother used illegal drugs during her pregnancy and while the termination suit was pending, and the father knew the mother was using drugs but left the child in her care when he went to prison. Also, the father had engaged in violent criminal conduct against his elderly father-in-law and was arrested for assault family violence against the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 28, 2024, Case #: 10-23-00296-CV, Categories: Evidence, Family Law
J. Johnson finds that the juvenile court properly waived its jurisdiction and transferred the individual's case to criminal district court. There was sufficient evidence to support the finding that "for reasons beyond the control of the state, it was not practicable to proceed in juvenile court before" the individual's eighteenth birthday. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 28, 2024, Case #: 10-23-00337-CV, Categories: Family Law, Jurisdiction, Juvenile Law
J. Smith finds that the trial court properly terminated the mother and father's parental rights to their children. The foster parents had standing to intervene in the termination proceeding, and their petition was timely filed. Also, the father did not preserve his complaint regarding the sufficiency of the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 21, 2024, Case #: 10-23-00311-CV, Categories: Evidence, Family Law
J. Smith finds that the trial court properly terminated the mother's parental rights to her children based on sufficient evidence to support the best-interest finding. There were multiple incidents of domestic violence between the mother and father that occurred in front of the children. Also, the mother did not use most of her available visitation with the children, missed prearranged visits and was "mostly unengaged" around them. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 21, 2024, Case #: 10-23-00413-CV, Categories: Evidence, Family Law
J. Bonilla grants plaintiff review of the decision denying attorney fees in claims brought under the National Childhood Vaccine Injury Act of 1986 because the special master failed to consider that the claim was made in good faith and was not meritless.
Court: Court of Federal Claims, Judge: Bonilla, Filed On: March 21, 2024, Case #: 10-667V, Categories: Attorney Fees
J. Johnson grants mandamus relief to the plaintiff driver who challenges an order granting the truck company's motion to compel an independent medical examination of him for an auto accident case. The company failed to show good cause for the examination, so the order should be vacated.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 21, 2024, Case #: 10-24-00028-CV, Categories: Civil Procedure, Negligence
J. Molaison finds that a patient's medical malpractice action is dismissed due to insufficient notice. In this case, the patient requested service by the clerk but stated that copies of the pleadings to be served would be provided. These copies were not provided until after the 90-day time period had run. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 6, 2024, Case #: 24-C-10, Categories: Civil Procedure, Medical Malpractice
J. Johnson finds that defendant was properly convicted of felony evading arrest or detention in a vehicle. The state penal code does not require proof that defendant "knew the attempted arrest or detention was lawful," despite his argument to the contrary. Though, a precept fee and time payment fee that were erroneously assessed to defendant are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: February 29, 2024, Case #: 10-21-00158-CR, Categories: Criminal Procedure, Resisting Arrest, Vehicle
J. Gray finds that the mother's parental rights were properly terminated based on sufficient evidence that she constructively abandoned the child. The mother missed the majority of her allowed weekly visits with the child and in one instance said she could not make a visit because she "was in Dallas working on her rap career." Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: February 29, 2024, Case #: 10-23-00288-CV, Categories: Evidence, Family Law
J. Robinson preserves certain claims for breach of fiduciary duty, constructive fraud, negligence and violations of the North Carolina Securities Act in this lawsuit between 16 aging investors and related financial groups that allegedly recommended bad investments to the investors. Some of those allegations are well made, while others fail to warrant relief.
Court: North Carolina Business Court, Judge: Robinson, Filed On: February 26, 2024, Case #: 2024-NCBC-10, Categories: Fraud, Securities, Fiduciary Duty
J. Cannataro finds that the appellate division properly held that defendant could be assigned a sex offender classification level before prison release even though he was confined elsewhere at the time due to his deteriorating mental state. A competency hearing was not needed first because the process for classifying defendants offers sufficient due process safeguards. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: February 22, 2024, Case #: 10, Categories: Competence, Sex Offender, Due Process
J. Cabret finds the superior court properly confirmed a more than $1 million arbitration award in favor of the construction firm in its dispute with the condo association over payment for wastewater and sewerage services the firm provided. In part because the association failed to timely challenge the correctness of the award within the three-month limitation established in the Federal Arbitration Act, the superior court's judgments affirming the arbitration award stand. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: February 8, 2024, Case #: 2024 VI 10, Categories: Arbitration, Contract
J. Smith finds that defendant was properly convicted of murder and given a 60-year sentence. The recording of the jail telephone call was properly admitted since it showed defendant's knowledge of the murder and rebutted his claim that someone else killed the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 1, 2024, Case #: 10-23-00146-CR, Categories: Evidence, Murder
J. Gray finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the best interest finding. This includes the mother's drug use during pregnancy, failure to complete recommended services and failure to attend the final hearing. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: January 18, 2024, Case #: 10-23-00261-CV, Categories: Evidence, Family Law
Per curiam, the court of appeals finds that one of two perjury convictions should be vacated as multiplicitous because the counts arose from grand jury testimony in which defendant explained how he came to possess a cellphone that led to his arrest for grand larceny.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: January 11, 2024, Case #: 43 SSM 10, Categories: Perjury
J. Smith finds that the trial court properly granted declaratory judgment in favor of the city and county, which claimed that the closing of a store in a shopping center "extinguished the public purposes" for which they could expend public funds in the form of tax grants. The record supports the finding that the grant of public money was tied to the "continued operation" of the store. Also, the parties' contracts are unconstitutional since they lacked "adequate controls to protect taxpayers." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: January 11, 2024, Case #: 10-17-00316-CV, Categories: Constitution, Real Estate, Contract
J. Gray finds that the trial court improperly granted the city's plea to the jurisdiction in a dispute with a property owner over the construction of a power line. The owner has standing to bring an inverse condemnation claim based on the 2015 taking of his property. Reversed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: January 11, 2024, Case #: 10-21-00130-CV, Categories: Property, Jurisdiction