7 results for 'casenum:"91"'.
J. O'Neil finds a lower court improperly dismissed a surviving spouse's wrongful death claims against a county. The county argued that it is entitled to immunity. However, the surviving spouse sufficiently showed in court that the county's constable convinced his wife, an apartment complex manager, to help her serve a writ of restitution on a violent tenant, which resulted in the tenant shooting and killing both women, and then killing himself. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: March 28, 2024, Case #: 2 CA-SA 2023-91, Categories: Employment, Immunity, Wrongful Death
J. Thyer finds the county court properly entered a protection order against the ex-husband. Text messages show he began harassing his ex-wife, saying she was undermining his relationship with their children and that she owed him for certain property. Calls and texts resulted in the ex-wife's asking police to perform a welfare check on the potentially suicidal ex-husband, following which he sent her texts about guns and threatened her. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 28, 2024, Case #: CV-23-91, Categories: Evidence, Due Process, Restraining Order
J. O'Neil finds a lower court properly partly ruled in favor of a surviving spouse's wrongful death claims against a county. The surviving spouse argued that the county is not entitled to judicial immunity after it sent his wife, a constable, now deceased, to a residence of a violent offender to serve process, who shot and killed her. However, the lower court properly concluded that legislative immunity does not shield the county's decision to appoint the constable, but erred in deciding that her acts of service of a writ were not protected by judicial immunity. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: O'Neil , Filed On: February 14, 2024, Case #: 2 CA-SA 2023-91, Categories: Employment, Immunity, Wrongful Death
Per curiam, the Louisiana Court of Appeal reverses the trial court’s ruling and grants a former convict’s supervisory writ for the petition for expungement of a criminal theft conviction, regardless of whether he has paid off restitution in the case. Under Louisiana law, payment of restitution is not a requirement for expungement, as the amount owed can be converted to a civil monetary judgment, payable even if a related criminal conviction is no longer on the books. Vacated.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: December 22, 2023, Case #: 23-KH-91, Categories: Civil Procedure, Due Process, Enforcement Of Judgments
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J. Rivera finds that the appellate division properly held that training materials prepared by counsel for state parole board commissioners were exempt from disclosure under New York's Freedom of Information Law because the documents requested by a nonprofit public defender group constituted attorney-client legal analysis. Affirmed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: December 19, 2023, Case #: 91, Categories: Public Record, Privilege
J. Lauber finds for the commissioner of internal revenue in tax liability claims because the taxpayer failed to demonstrate that the government's Covid-19 response excused him from reporting long-term capital gains.
Court: U.S. Tax Court, Judge: Lauber, Filed On: July 20, 2023, Case #: 2023-91, Categories: Tax, Covid-19