8 results for 'casenum:"95"'.
J. Cannataro finds that the appellate division should have suppressed evidence uncovered during a traffic stop when a drug-sniffing dog alerted that defendant likely had narcotics in his pants because whether the dog made actual contact with defendant was immaterial since his "personal dignity" and privacy were violated by the police-directed sniffing. Meanwhile, the appellate division lacked jurisdiction to resolve whether reasonable suspicion existed to justify the sniff-search since the lower court had not entered an adverse decision on that issue. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: December 19, 2023, Case #: 95, Categories: Drug Offender, Search
J. Wood dismisses this interlocutory appeal as moot. The appeal regards the court's vacating the lower court's certification of class for nursing home residents who allege the homes were understaffed, resulting in insufficient care. A majority of the court has already granted a writ of certiorari vacating class-certification because the order was entered before an order on pending motions to compel arbitration.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: November 16, 2023, Case #: CV-23-95, Categories: Health Care, Tort, Due Process
J. Raggi answers certified questions by finding that the district court improperly dismissed state defamation and tortious interference claims stemming from accusations of rape that defendant, a Yale University student, brought against plaintiff, a co-ed. Disciplinary proceedings held by the college were not quasi-judicial, and thus defendant did not have immunity concerning statements made therein. However, the lower court properly dismissed claims contending the initial report to campus officials interfered with plaintiff's contract to attend the school in light of his immediate suspension because that claim was untimely filed.
Court: 2nd Circuit, Judge: Raggi, Filed On: October 25, 2023, Case #: 21-95, Categories: Education, Defamation, Interference With Contract
J. Perry finds that defendant was properly convicted and sentenced on counts of pornography involving juveniles under age thirteen. There was sufficient evidence to support the jury's conclusion that the pornography found on defendant's computer was his and not that of a different individual who had been at his apartment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: October 18, 2023, Case #: KA-23-95, Categories: Evidence, Sex Offender
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Per curiam, the Vermont Supreme Court finds that the trial court properly awarded parental rights, responsibilities and contact but improperly awarded spousal maintenance and divided the marital property in this divorce case. The calculated spousal maintenance award owed to the wife and a new division of the property is remanded. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-95, Categories: Family Law, Property
J. Lauber finds for the commissioner of internal revenue because the taxpayer's argument that his wages did not constitute taxable income lack merit.
Court: U.S. Tax Court, Judge: Lauber, Filed On: July 25, 2023, Case #: 2023-95, Categories: Tax
J. Cohen, in a dissenting opinion, finds that defendant was improperly convicted of possession of a firearm by a convicted felon. The vehicle and gun was owned by his father, the vehicle was jointly occupied, and when he adjusted the seat the gun became visible. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 12, 2023, Case #: 6D23-95, Categories: Firearms, Civil Rights