8 results for 'casenum:"66"'.
J. Gallagher finds the lower court properly denied defendant's successive motion for postconviction relief. There was no indication the police reports obtained after trial through a public records request were not disclosed to the state during trial or unavailable when defendant was initially tried or filed his first postconviction motion. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: January 11, 2024, Case #: 2024-Ohio-66, Categories: Murder, Due Process
J. Halligan finds that the appellate division properly limited questions concerning jurors' personal views on self-defense while allowing broader questions on gun licensing and gun control in defendant's trial for possession of a weapon. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of the home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 66, Categories: Criminal Procedure, Firearms, Jury
J. Milkey affirms the denial of a sex offender’s motion to vacate his level three sex offender classification and grant him a new hearing based on allegedly having received ineffective counsel. Too much time has passed since he was classified and received counsel for him to make this appeal, when he could instead apply for reclassification based on changed circumstances.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: September 28, 2023, Case #: 22-P-66, Categories: Administrative Law, Due Process, Assault
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J. Collins holds the trial court properly found the husband violated the parties' separation agreement when he failed to send her payments from his military pension benefits. Although she is not entitled to receive payments directly from the Department of Defense given the length of the couple's marriage, this does not void the husband's duty to make payments. Affirmed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: September 5, 2023, Case #: COA23-66, Categories: Family Law, Pensions, Military
J. Cruz finds a lower court improperly denied a proposed marijuana dispensary's motion to unseal documents submitted to the Arizona Department of Health Services. The health services argued that it properly granted a medical marijuana dispensary registration to a third party, and that it was not obligated to provide the proposed dispensary with confidential documents. However, the court has special action jurisdiction to view certain confidential documents that are not exempt under Arizona Public Records rules. Remanded in part.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: July 13, 2023, Case #: 1 CA-SA 23-66, Categories: Administrative Law, Health Care, Discovery