9 results for 'casenum:"71"'.
Per curiam, the appellate division finds that attorney Katherine Ann Aidala of Colorado may be reinstated following her January 2014 suspension for failing to meet registration requirements and grants her leave to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-71-24, Categories: Attorney Discipline
Per curiam, the court of appeals accepts certification of the circuit's question concerning whether the six-month waiting period that precedes the two-year window for filing claims for past sexual abuse under the state's Child Victims Act created a statute of limitations, a condition precedent to bringing suit, or some other affirmative defense.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 71, Categories: Civil Procedure, Negligence
J. Slaughter finds that the trial court improperly ruled in an easement case. The evidence shows that the company does not have an easement over the property owners' land as a matter of law, and the matter should be remanded to determine if it has an easement due to prior use of the property. Reversed.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: February 8, 2024, Case #: 23S-PL-71, Categories: Property
J. Staring finds a lower court improperly denied the state's motion for special action review concerning a civilian that fired his rifle at a group of immigrants on his ranch, which resulted in the death of one person. A judge argued that anti-marital fact privilege can be reasserted after the civilian's arrest. However, the state presented sufficient evidence in court that the civilian's wife's post-arrest disclosures to police officers are not considered privileged information. Vacated.
Court: Arizona Court Of Appeals Division Two, Judge: Staring, Filed On: November 7, 2023, Case #: 2 CA-SA 2023-71, Categories: Evidence, Privilege, Firearms
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J. Roberts finds that the trial court improperly dismissed charges accusing defendant, a meat processor, of selling native venison meat because the ban on doing so supersedes the right to place a lien on personal property in the event customers pay for services rendered. Reversed.
Court: Florida Courts Of Appeal, Judge: Roberts, Filed On: October 4, 2023, Case #: 1D22-71, Categories: Property
J. Suttell affirms the trial court’s denial of a restaurateur’s request for a new trial after a jury convicted him of sexual assault with a knife against a waitress employed at his restaurant. The defendant argued that the trial justice committed an error of law when he permitted state prosecutors to introduce evidence that the waitress was molested as a child to explain the woman’s delay in reporting her boss’s attacks to the police. The defendant’s contention that her testimony about her childhood was irrelevant because it failed to connect the earlier incident to the later alleged assault has no merit. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: June 26, 2023, Case #: 2021-71, Categories: Sex Offender, Child Victims, Jury Instructions
Per curiam, the court of appeals finds that the appellate division improperly held that defendant's right to represent himself had not been violated when he pleaded guilty to burglary because the searching inquiry should have been made to ensure voluntariness. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 13, 2023, Case #: 71 SSM 2, Categories: Self Representation