3,669 results for 'casenum:"23"'.
J. Hixson finds the trial court properly convicted defendant for the sexual assault of his 12-year-old daughter. A detective testified to interviewing the mother and daughter on allegations of the father's committing sexual assault. Sufficient evidence, including forensic interview and statements made by defendant involving keeping secrets supports the conviction. Defendant's challenge of evidence sufficiency is not preserved for review, and the trial court properly denied his request for directed verdict. The victim testified that her father touched her "private area," which can be construed as having been done for sexual gratification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 15, 2024, Case #: CR-23-611, Categories: Evidence, Sex Offender, Child Victims
J. Abramson finds the circuit court improperly denied the masonry company's motion to set aside a default judgment entered in favor of the construction company. The original breach of contract action was brought by the masonry company, with the circuit court granting the construction company's motion to dismiss. The construction company filed another breach of contract action, serving the masonry company at an incorrect address, with the green card evidencing delivery was returned unsigned. The default judgment is void due to insufficient service of process. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: May 15, 2024, Case #: CV-23-257, Categories: Construction, Due Process, Contract
J. Harrison finds the trial court properly convicted defendant for threatening a judicial official and making harassing communications. After the judge issued an arrest warrant for defendant in another case, he received an email known to belong to defendant, stating, "You want me to come before you, boy? You’re a punk. Nothing more. If you want me incarcerated, why not come get me yourself? Fat-ass punk. Look at your piece of shit ass, boy. ‘I’m a fat ass punk who can’t protect my own ass.’ You lazy piece of shit." He also received a voicemail where defendant said, "I’m going to come to your house sometime in the very near future. So, if you don’t want that to happen, you should call me back.” Sufficient evidence supports the conviction. Though defendant asked for a directed verdict, he did not offer the court any reason to grant one. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CR-23-506, Categories: Evidence, Threats
J. Wood finds the county juvenile division properly granted the state’s motion for extended juvenile jurisdiction. Responding to a 911 call, officers discovered the 14-year-old defendant and his 10-year-old brother standing outside the residence with his mother and another, 16-year-old brother lying inside with multiple stab wounds. The brother later died. An agreed not-fit-to-proceed commitment order was entered upon a medical diagnosis of defendant as having ADHD, speech sound disorder, oppositional defiant disorder, and specific learning disorder with an impairment in reading, written expression, and mathematics. Defendant was also determined to have an IQ of 76. The state’s motion was not clearly erroneous. The court, as required, considered each factor, making written findings supported by the evidence. Defendant's argument involving his claims that the murder was accidental asks the appeals court to reweigh evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CR-23-655, Categories: Juvenile Law, Murder, Commitment
[Consolidated] J. Bokor finds the trial court properly denied the motorist's motions for a directed verdict and new trial in her lawsuit over a car accident. Because there was enough evidence to prove the motorist was at least partially responsible for the accident, her motion for a directed verdict was correctly denied, and the errors the motorist points to regarding her lawyer's overruled objections to questioning about inconsistent statements she made about her speed at the time of the accident, if they were errors, were harmless. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 23-0088, Categories: Vehicle, Negligence
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J. Emas finds the trial court erred in its decision in a dispute between the landlord and the tenant partially stemming from unpaid rent for a commercial property. The trial court abused its discretion by denying the landlord's motion for immediate default and possession after the tenant failed to make its first monthly payment of $21,305 into the court's registry, so the case is remanded for entry of immediate default and writ of possession and for any other proceedings necessary. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: May 15, 2024, Case #: 23-1120, Categories: Landlord Tenant
J. Barrett finds the trial court properly convicted defendant for aggravated assault, fleeing by vehicle with extreme indifference to the value of human life, criminal mischief, and fleeing on foot. Officers testified to a pursuit involving a vehicle with no license plates. The pursuit reached speeds of over 100 mph and included sudden turns as well as driving on the wrong side of the road. The male driver ran after crashing due to hitting stop sticks. After defendant escaped, a police dog found his shirt and he was apprehended and identified by pursuing officers and dashcam video. Sufficient evidence supports the convictions and any prejudice caused by unrecorded custodial statements made by defendant is not preserved for appellate review. There is also no constitutional right to have such statements recorded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 15, 2024, Case #: CR-23-381, Categories: Evidence, Escape, Vehicle
J. Gladwin finds the trial court properly convicted defendant for aggravated robbery. After the Walmart cashier was robbed at gunpoint, identifying a “tall male, lighter-skinned Black guy” wearing shorts, tennis shoes, a black hoodie, a blue mask, and with an earring in his left ear, other witnesses also identified defendant as the robber. Defendant was arrested while still wearing the clothing identified by the witnesses. Sufficient evidence, including surveillance video, supports the conviction. That defendant used an inoperable weapon while making death threats is still sufficient to support the factor of aggravation. Defendant has failed to show how the state's striking of a juror prejudiced him. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: May 15, 2024, Case #: CR-23-438, Categories: Jury, Robbery, Weapons
Per curiam, the Fifth Circuit finds the district court improperly convicted defendant by guilty plea for being an unlawful drug user in possession of a firearm. Police were dispatched in response to a report of a fight involving a firearm. During a search of the residence, officers found multiple stashes of marijuana as well as multiple firearms. Defendant was mirandized but agreed to talk with an ATF agent. Defendant admitted to firearm possession and drug use, though he had a medical marijuana card from New Mexico. The court erred in invoking historical laws disarming dangerous groups to uphold the facial constitutionality of its cited statute. The court relied on several cases but did not scrutinize the analysis done by the courts. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-50525, Categories: Constitution, Drug Offender, Firearms
J. Logue finds the trial court improperly vacated a prior judge's order enforcing a settlement agreement in the borrower and lender's foreclosure case, as the trial court's order was built upon the incorrect assumption that the prior judge did not have jurisdiction to enforce the settlement agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 15, 2024, Case #: 23-1319, Categories: Settlements, Jurisdiction, Foreclosure
J. Wood finds the circuit court improperly granted summary judgment in favor of the hospital. The hospital was sued for negligence by the patient who was injured from a slip and fall on hospital premises. Though the hospital says a "wet floor" sign was in place near the puddle of water where the patient fell, testimony from the patient and a hospital employee creates a question of fact on the issue of whether there was a recurring leak in the area. The court’s finding that there was not a recurring leak is premature. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CV-23-146, Categories: Evidence, Tort, Negligence
J. Scales finds the trial court did not err in its final judgment in the lender and borrower's commercial foreclosure case. There was no error in the trial court's calculation of damages or enforcement of the underlying mortgage note and foreclosure of the borrower's interest in the property, so the borrower's cross-appeal fails. The trial court also made no error in denying the lender's claim for specific performance because enforcement of the deed would have prejudiced the borrower, as the value of the property exceeded the lender's damages. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 15, 2024, Case #: 23-0395, Categories: Foreclosure
J. Miller finds the trial court improperly ordered an appraisal in the insurance company and insured's dispute over coverage of damages the insured's property sustained from Hurricane Irma. The trial court was required to conduct an evidentiary hearing to determine if the insured complied with all of its post-loss obligations under the policy, such as maintaining expense records and allowing an inspection of the property, so its order for appraisal was premature. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 15, 2024, Case #: 23-1672, Categories: Insurance, Contract
J. Pirtle finds the trial court properly convicted defendant for negligent child abuse. Defendant's 15-year-old daughter testified that her father whipped her on the backs of her legs with a phone charging cord after she refused to give him her phone out of fear that he might break it like he had done before. During the altercation and the daughter's attempts to escape, the father also puncher her in the face and sexually assaulted her. Sufficient evidence, including family testimony and the consistency of the victim's injuries supports the conviction. No abuse of discretion is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 14, 2024, Case #: A-23-255, Categories: Evidence, Assault, Child Victims
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officer found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence as required by statute. This part of the sentencing order is vacated. Affirmed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: Sentencing, Assault, Weapons
[Consolidated] J. Moore finds the juvenile court properly denied the state's motions to terminate the father's parental rights. The state became involved when the mother’s youngest child, a half-sibling of the father’s children, tested positive for drugs at birth. The father, with a history of drug abuse, was in jail at the time of the filings. Though the children have been in foster care for a large part of their lives, because of the positive father/child relationship, his expressed desire to parent them, and his success in following his case plan, the state was unable to prove by clear and convincing evidence that he is an unfit parent. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: May 14, 2024, Case #: A-23-631, Categories: Evidence, Family Law, Guardianship
J. Thacker finds the lower court improperly granted judgment to the pipeline. The pipeline project acquired easements on properties along the pipeline’s route through condemnation actions pursuant to the Natural Gas Act. The property in question was encumbered by temporary and permanent easements on 8.37 acres. After the lower court granted the project immediate possession of the easements, the case proceeded to a jury trial to determine the amount of just compensation owed. After hearing from various appraisers, the jury rendered a $523,327 verdict. The lower court agreed with the project that the verdict resulted from the jury improperly mixing expert testimony. The jury’s $523,327 verdict can be supported by credited testimony without mixing different land use valuations, as the lower court assumed. Reversed.
Court: 4th Circuit, Judge: Thacker, Filed On: May 14, 2024, Case #: 23-1532, Categories: Energy, Jury, Property
J. Tymkovich finds that the lower court improperly denied qualified immunity to a handful of police officers involved in a deadly shooting. The shooting took place when police were responding to a reported hostage situation that ultimately turned out to be decedent having a mental health crisis, and when officers arrived on the scene and began to search his apartment, decedent advanced on the officers with a machete. In this situation, the officers had a "split second to respond to a deadly threat" being presented by decedent. It is, therefore, reasonable that the officers believed deadly force was necessary, and are entitled to immunity. Reversed.
Court: 10th Circuit, Judge: Tymkovich , Filed On: May 14, 2024, Case #: 23-1049, Categories: Immunity, Police Misconduct
J. Edwards upholds the district court's dismissal of a family's claims arising from delays caused by security screenings they endured during their domestic and international travels. They fail to show they have standing to pursue their claims. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: May 14, 2024, Case #: 23-5074 , Categories: Administrative Law, Constitution
J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child. The father failed to adequately preserve his due process argument. Additionally, the evidence sufficiently supports the lower court's best interest finding as to the mother. The record indicates that the mother was "living in a hotel at the time of the trial" and that she had a history of drug abuse. Additionally, the foster parents provided the child with a good home. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 14, 2024, Case #: 05-23-01255-CV, Categories: Evidence, Family Law
J. Reichek finds that the lower court properly entered a take-nothing judgment on the appellant's claims, which included claims for breach of contract and fraud. Contrary to the appellant's argument on appeal, the lower court did not err in granting summary judgment. The record shows that the appellees' no-evidence motion was not conclusory. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 14, 2024, Case #: 05-23-00208-CV, Categories: Civil Procedure, Fraud, Contract
J. Brasher grants the hospital's mandamus petition and finds that the district court applied an incorrect legal standard in compelling the hospital to disclose internal quality files and referral logs to the employee in discovery in an employment discrimination action. The district court is directed to vacate its orders and reconsider the hospital's claim that the files were privileged under the Patient Safety and Quality Improvement Act. The law does not require that privileged information be created and used for a singular purpose.
Court: 11th Circuit, Judge: Brasher, Filed On: May 14, 2024, Case #: 23-12571, Categories: Civil Procedure, Health Care
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officer found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence as required by statute. This part of the sentencing order is vacated. Affirmed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: Sentencing, Assault, Weapons
J. Riedmann finds the county court improperly calculated the ex-wife's income in this divorce proceeding. The record does not support that the wife's income as an elementary school teacher gives her an income of over $6000 per month. The court improperly included in its calculation an Air Force education liaison position for which the ex-wife applied but was not awarded. Being that the ex-wife is employed, the $1 per month the court awarded in alimony shows no abuse of discretion. All other aspects of the decree are affirmed. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-398, Categories: Family Law, Property, Due Process
[Consolidated.] Per curiam, the court of appeals finds that there is no reversible error in the record relating to defendant's conviction and sentence for aggravated assault with a deadly weapon and racing on a highway causing serious bodily injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 14, 2024, Case #: 01-23-00737-CR, Categories: Assault, Vehicle
J. Fox finds that the lower court properly convicted defendant of drug charges. Defendant claims there was not enough evidence on the record to support the drug conviction, but the drugs in question were found in a small box in defendant's home that defendant was standing right next to when police began their search. This fact alone is enough to establish his possession over the drugs. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: May 14, 2024, Case #: S-23-0215, Categories: Drug Offender, Search
J. Fasciale finds that the appellate division improperly allowed employees to continue claims contending they had not been paid for pre- and post-shift work because the cited amendments to state wage payment law were not in effect when the alleged violations occurred and were not intended to be applied retroactively. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: May 14, 2024, Case #: A-3-23, Categories: Civil Procedure, Employment
J. Alley finds a lower court partially erred in a lawsuit brought by the son of a deceased woman to determine whether he or his sister was the trustee of her trusts. The lower court was right to deny the son’s efforts to extend discovery because rules allowing for the extension are “designed to protect the adverse party’s right to conduct more discovery” rather than those who file. Nonetheless, contrary to the lower court’s findings, the son has in fact raised a genuine factual question over whether his sister resigned from her role as trustee. Reversed in part.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 14, 2024, Case #: 08-23-00104-CV, Categories: Trusts, Wills / Probate