8 results for 'casenum:"67"'.
J. Suttell finds that the trial court properly dismissed claims in which developers allege substantive due process and RICO violations, tortious interference with a contract and prospective business advantages, and civil liability for crimes, because the claims were barred by the three-year statute of limitations. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: April 24, 2024, Case #: 23-67, Categories: Due Process, Business Expectancy, Racketeering
Per curiam, the appellate division finds that the decision to stay an investigation into the conduct of attorney Randel Scharf should be vacated. Scharf was suspended in September 2023 until further order, but the Otsego County Bar Association was named limited custodian of his client files when the investigation was stayed. The bar group subsequently provided status reports to the court, which lifted the stay on its own motion after deliberations.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-67-24, Categories: Civil Procedure, Attorney Discipline
J. Halligan finds that the appellate division properly held that an inventory search of an illegally parked vehicle slated to be towed had not been performed as pretext to uncover two handguns and money. Defendant contends police failed to consider alternatives to towing as outlined in department procedures, but no such valid option was available. Meanwhile, defendant failed to challenge 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 #: 67, Categories: Criminal Procedure, Firearms, Search
J. Johnson finds that the trial court properly determined that a police officer was 100 percent at fault for a rear-end automobile accident. In this case, there is dash camera footage showing the injured driver flashing his brake light three times before stopping for a passing ambulance. Further, there was officer testimony that the police officer driver was "inattentive" and following too closely. Also, the police officer driver testified that he could not recall where he was looking immediately prior to the accident, and he had no recollection of the collision. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 8, 2023, Case #: 23-CA-67, Categories: Evidence, Negligence
J. Eckerstrom finds a lower court properly ruled in favor of a city on a civilian's assault and battery claims, but erred in denying the civilian's motion for sanctions. The city argued that police officers detained him for being intoxicated and naked below the waist in close proximity to a public park and a school. However, the civilian presented sufficient evidence in court that the city improperly introduced results of a hospital drug screen test before it obtained permission to do so. Reversed in part.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: November 6, 2023, Case #: 2 CA-CV 2022-67, Categories: Civil Rights, Evidence, Assault
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J. Virden finds the trial court properly revoked defendant’s suspended imposition of sentence for his convictions on charges of commercial burglary, theft of property and firearm possession. The state presented evidence that defendant was honked at by a customer in the Walmart parking lot as he backed out of a parking space. That customer testified that defendant “floored it,” causing his car to spin and hit several other cars, also striking and killing another customer who had been loading groceries into her car. Defendant later tested positive for meth and marijuana. All evidence supports the revocation and the sentence is within statutory limits. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 1, 2023, Case #: CR-23-67, Categories: Drug Offender, Probation, Negligent Homicide
Per curiam, the circuit finds that the district court properly dismissed defamation claims brought against the Boston Globe concerning an article in which a hedge fund executive had been accused of creating a toxic culture of sexual harassment. The prior decision holding that evidence did not support gross irresponsibility barred the action despite the executive’s claims that his quadriplegia condition made him incapable of committing the alleged harassment. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 23-67-cv, Categories: Civil Procedure, Defamation