12 results for 'casenum:"50"'.
J. Singas finds that the appellate term should have suppressed evidence discovered during a traffic stop in defendant's trial on drug possession charges because whether the windows of defendant's vehicle had been "excessively tinted" to constitute probable cause had been subjective. Reversed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: May 16, 2024, Case #: 50, Categories: Drug Offender, Search
J. Gale finds for the commissioner in this tax liability dispute related to a corporate filing because the company improperly claimed a deduction in connection with distressed Brazilian trade receivables.
Court: U.S. Tax Court, Judge: Gale, Filed On: April 23, 2024, Case #: 2024-50, Categories: Tax
J. Solomon finds that the appellate division improperly allowed plaintiffs to continue class claims contending a company offered "illusory discounts" to Aeropostale shoppers by making fake markdowns. While the shoppers adequately pleaded deceptive conduct, ascertainable loss had not been proven, and nothing indicated the shoppers tried to return the items or that the clothing had any kind of defect. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: March 25, 2024, Case #: A-50-22, Categories: Fraud, Consumer Law, Class Action
J. Hiland finds the circuit court properly found the gaming license issued to two entities void, as not having been issued in accordance with the Arkansas Constitution. The Cherokee business entity and a casino, both of which had their gaming license applications denied, were eventually issued a license together during a drawn-out and complex application and litigation process. The organizations are separate legal entities. The Arkansas Racing Commission acted ultra vires when issuing the license because the Cherokee entity had no pending application and the Arkansas Constitution specifically allows for a single applicant. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: October 26, 2023, Case #: CV-23-50, Categories: Constitution, Licensing, Native Americans
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J. Johnson finds that the district court should not have acquitted defendant of second degree murder. In this case, the non-unanimous, illegal, non-responsive verdict returned by the jury does not serve to acquit defendant of the second degree murder charge under Robinson. Further, double jeopardy does not apply, and the state can retry defendant on the second degree murder charge. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: September 20, 2023, Case #: 23-KA-50, Categories: Jury, Murder, Double Jeopardy
J. Davis denies the insurance company’s motion for summary judgment in this dispute over the insurance company’s responsibility to indemnify the pork company in underlying litigation. The underlying injuries suffered by the property owners, which were the grounds of the underlying litigation, are treated as one incident under the insurance policies.
Court: North Carolina Business Court, Judge: Davis, Filed On: August 7, 2023, Case #: 2023-NCBC-50, Categories: Insurance, Business Practices, Contract
J. Hoffman sustains defendant's assignment of error to find plain error with his lifetime reporting requirement on the arson registry. The portion of the statute that requires a recommendation from the prosecuting attorney and the investigating law enforcement agency is unconstitutional because it may not allow the trial court to impose an arson offender's reporting requirement to less than a lifetime. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: July 13, 2023, Case #: 2022-CA-50, Categories: Constitution, Arson
J. Pierre-Louis finds that the appellate division improperly admitted evidence of hollow point bullets seized from defendant's trunk during a traffic stop. The officer did not have a reason to search the engine or trunk of the vehicle even though the officer smelled raw marijuana in the car during the stop after receiving a "be on the lookout" alert, as contraband had not been found in the cabin of the car. Reversed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: June 22, 2023, Case #: A-50-21, Categories: Drug Offender, Search, Weapons
J. Halligan finds that the appellate division properly remitted defendant's recidivism classification based on the incorrect calculation of his sex offender risk assessment score. Correcting the error on remittal was within the court's authority, but a higher risk level remained available upon taking a full look at defendant's behavior. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: June 15, 2023, Case #: 50, Categories: Criminal Procedure, Sentencing, Sex Offender