10 results for 'casenum:"33"'.
J. Cannataro finds that defendant was properly convicted of drug possession based on a legally sufficient chain of custody for cocaine seized during a traffic stop. Defendant raises evidentiary questions due to the fact that a night passed between between the seizure of the drug and the cocaine being formerly logged, but the evidence remained under police control in sealed envelopes. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: April 25, 2024, Case #: 33, Categories: Drug Offender, Evidence
J. Patterson finds that the appellate division properly dismissed claims contending the County Prosecutors of New Jersey constitutes a public agency subject to public records requests because a prosecutor is not a "political subdivision" of the state, and no statute or regulation requires nonprofit associations to maintain the requested documents. Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: April 17, 2024, Case #: A-33-22, Categories: Public Record
J. Gilson finds that the trial court properly allowed defendant's criminal prosecution to proceed on charges concerning various gang-related activities associated with the "Golden State" gang. The entire office need not be disqualified due to a single prosecutor's prior representation of defendant, and county prosecutors are subject to the control of the state attorney general. Affirmed.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: February 21, 2024, Case #: A-0291-33, Categories: Prosecutorial Misconduct, Gangs
J. Panuthos finds for the commissioner of internal revenue in this tax liability dispute since evidence indicates the taxpayer omitted payments received from social security from his reported income.
Court: U.S. Tax Court, Judge: Panuthos, Filed On: November 30, 2023, Case #: 2023-33, Categories: Tax
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J. Molaison finds that defendant was properly sentenced to 40 years at hard labor on his conviction for sexual battery of a victim under the age of 13. The sentence was proper based on defendant being a trusted part of the victim's family for years and being considered to be the victim's "step-grandfather." Further, the record shows that defendant abused the victim over a span of several years and was also facing a misdemeanor charge for the sexual battery of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: November 15, 2023, Case #: 23-KA-33, Categories: Sentencing, Sex Offender
Per curiam, the Indiana Supreme Court finds that Judge Jason Cichowicz should be suspended without pay for 45 days for abusing his office for the benefit of a family member and failing to disclose his role as trustee for a charitable foundation.
Court: Indiana Supreme Court, Judge: Per curiam, Filed On: August 11, 2023, Case #: 23S-JD-33, Categories: Judiciary
J. Brennan affirms the lower court’s rulings on evidence and testimony in this child abuse and rape case. The first complaint witness was a child when the victim told her about the abuse and she is potentially biased as a relative of the defendant, but she testified she has no memory of plaintiff telling her about it. It is not necessary for more than one participant in a conversation to testify to authenticate the conversation, so the conversations admitted as evidence have been sufficiently authenticated. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: August 9, 2023, Case #: 21-P-33, Categories: Sex Offender, Assault, Child Victims
[Consolidated.] J. Garcia finds that the appellate division improperly held that a music producer known as "Dr. Luke" is not a public figure in defamation claims brought against singer-songwriter client Kesha, who sought to void their contract based on allegations that he raped her early in their business dealings. Due to Dr. Luke's "purposefully" promoting himself and his label to the media, he is a limited public figure who must demonstrate actual malice on Kesha's part to prove defamation. Furthermore, five of the allegedly 25 defamatory statements cited in his action were privileged; the other 20 must go to a jury to decide whether they had been brought for the sole purpose of pressuring Dr. Luke to release Kesha from her contract. Reversed in part.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: June 13, 2023, Case #: 33, Categories: Defamation, Privilege
J. Lee finds that the district court improperly dismissed due process claims in a civil action brought against police following acquittal on a criminal drug-sale charge because plaintiff's arrest, prosecution, and conviction for drug possession simultaneous to drug-sale proceedings did not preclude plaintiff from arguing that fabricated evidence on the sale count led to illegal custody.
Court: 2nd Circuit, Judge: Lee, Filed On: May 22, 2023, Case #: 21-33, Categories: Civil Rights