286 results for 'cat:"Judiciary"'.
J. McEvers finds that the district court properly denied a motion for relief from judgment and for reconsideration. Plaintiff individual moved for a jury trial and disqualification of the Court. Defendant individual argued the appeal is frivolous and requested attorney fees and double costs. The order is affirmed and attorney fees and double costs are awarded to defendant individual. Plaintiff individual appealed the order, alleging that the Court is biased based on prior decisions that were adverse to him. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 16, 2024, Case #: 2024ND91, Categories: judiciary, Attorney Fees
J. Scales finds the trial court did not err by not granting the siblings' demand that it sign a proposed order granting them summary judgment on their claim of professional negligence against their former attorneys. Although the trial court did say in March of 2022 that it intended to sign an order granting partial summary judgment after orally granting judgment on the claim, the siblings' petition for a writ of mandamus ordering the trial court to sign such an order cannot be granted because that act is not "purely ministerial."
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 15, 2024, Case #: 24-0351, Categories: judiciary, Negligence, Legal Malpractice
Per curiam, the Georgia Supreme Court disbars attorney James W. Davis III for intercepting a $3 million payment from an insurance company to a policy holder. The insurer received false wiring instructions directing it to send the funds to the attorney's trust account. The attorney converted his clients' property when he included some client funds from his trust account to partially reimburse the insurer.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: S23Y0622, Categories: judiciary, Attorney Discipline
J. McCarty finds that while there was no evidence of judicial bias, the trial court was barred from presiding over defendant's postrelease control revocation hearing because he had prosecuted the underlying criminal case prior to being elected. The judge's impartiality is not at question; however, his involvement in a previous portion of the case disqualified him from further participation and, therefore, the case must be remanded for a new hearing in front of a different judge. Reversed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: May 14, 2024, Case #: 2023-CP-200, Categories: Criminal Procedure, Drug Offender, judiciary
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Per curiam, the Arkansas Supreme Court has determined the exercise of superintending authority may be appropriate as to the request for removal of the trial judge in the underlying matter. The record shows the judge may have acted in ways that do not promote confidence in the judiciary and has possibly not been impartial.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: May 13, 2024, Case #: CV-24-295, Categories: Administrative Law, judiciary
Per curiam, the Florida Supreme Court declines to amend a rule of criminal procedure that concerns use of communication technology, but revises the rule to include a new subdivision related to non-evidentiary pretrial conferences, effective July 1, 2024.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: May 9, 2024, Case #: SC2023-803, Categories: judiciary
Per curiam, the Supreme Court of Ohio finds the lower court properly granted the judge's motion for summary judgment on the inmate's petition for a writ of mandamus to vacate his criminal convictions. His claim regarding an unsigned affidavit had been rejected by two other courts and, therefore, was barred by res judicata. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 9, 2024, Case #: 2024-Ohio-1753, Categories: Criminal Procedure, judiciary
J. Welch finds the trial court properly convicted defendant, a psychiatrist, for third-degree sexual assault. The victims - his patients - testified to inappropriate touching, groping and kissing, with certain testimony corroborating other testimony. Evidence in a presentence report is not subject to admissibility standards used at trial and the court’s review of the report would not make a reasonable person question the judge’s impartiality. The motion to recuse is without merit and counsel cannot be found ineffective for failing to make a meritless argument. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: May 7, 2024, Case #: A-23-577, Categories: Evidence, judiciary, Sex Offender
Per curiam, the Supreme Court of Colorado finds former Arapahoe County District Court Judge John E. Scipione will be publicly sanctioned and required to pay attorney fees for disciplinary proceedings related to his violation of eight judicial conduct rules. Scipione used his position as a judge to seek intimate relationships with subordinate employees on at least three occasions, sexually harassed at least one employee, and failed to disclose intimate relationships with former law clerks and other personnel. While his resignation ensures he will commit no further misconduct, he will also be required to pay $51,000 in attorney fees. Affirmed.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: 2024CO23, Categories: judiciary, Attorney Fees, Attorney Discipline
J. Fuentes finds the district court properly dismissed shareholders' complaint for failing to make a pre-suit litigation demand. “A district court’s decision to dismiss a derivative action for failure to plead demand futility is to be reviewed de novo.” Affirmed.
Court: 3rd Circuit, Judge: Fuentes, Filed On: May 3, 2024, Case #: 22-3027, Categories: judiciary, Business Expectancy
J. Mayle grants the common pleas court judge's motion for summary judgment, ruling that although there is a question of fact regarding the child's home state, the judge does not patently lack jurisdiction over the stepparent's petition for adoption, which precludes the stepparent from prevailing on her petition for a writ of prohibition.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1708, Categories: Family Law, judiciary, Jurisdiction
Per curiam, the Supreme Judicial Court of Massachusetts affirms the denial of relief to protesters and advocates’ challenge to the constitutionality of a 200-foot buffer area around a courthouse where protest is not allowed to occur, as a way of protecting the right to a fair trial and prevent jurors, witnesses and others coming to or leaving the courthouse from being obstructed. Protesters may still protest, just not within the buffer zone.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: SJC-13589, Categories: judiciary, Equal Protection, First Amendment
J. Rushing finds the lower properly increased the mandatory minimum sentence for numerous federal drug and firearm offenses. The defendant argued that the judicial factfinding the judge participated in violated his Sixth Amendment right to a jury trial. The judge could find out the defendant had a prior conviction without a jury necessary. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: April 30, 2024, Case #: 21-4299, Categories: Drug Offender, Fair Trial, judiciary
Per curiam, the Supreme Court of Ohio denies the inmate's motion to strike a combined filing made by the common pleas court judge. The filing did not require him to respond to both issues at the same time and, although he filed a late response to one of the claims made by the judge, his failure to comply with deadlines was not the result of prejudice. However, because the inmate prevailed on the merits of one of his numerous filings, the lower court erroneously granted the judge's request to declare him a vexatious litigator. Reversed in part.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 30, 2024, Case #: 2024-Ohio-1614, Categories: Criminal Procedure, judiciary
J. Armstrong finds the lower court properly granted a judge’s motion to dismiss. Defendant was convicted of aggravated kidnapping, especially aggravated kidnapping, and two counts of aggravated assault and was sentenced to 17 years incarceration. Defendant failed to timely file his second amended petition for post-conviction relief and dismissed the action. Defendant filed a complaint alleging the trial judge exceeded his authority in dismissing the matter. The judge filed a motion to dismiss arguing that he acted within his jurisdiction, which the lower court granted, and the instant court agrees. The lower court dismissed the matter finding it was barred by the doctrine of judicial immunity. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 26, 2024, Case #: E2023-00557-COA-R3-CV, Categories: Civil Procedure, judiciary
J. Elrod denies the Honduran native's petition for review of the board's denial of her applications for asylum. The mother and her three children entered the U.S. without documentation and conceded removability before applying for asylum. The mother claims Honduran gangs used an empty lot behind her home to torture, kill and bury victims, subjecting her family to sounds of screaming and the smell of rotting corpses. She still fails to show past persecution or a well-founded fear of persecution. She also fails to present evidence supporting her claim a board member demonstrated partiality by not requiring the government to file a brief.
Court: 5th Circuit, Judge: Elrod , Filed On: April 19, 2024, Case #: 22-60479, Categories: Immigration, International Law, judiciary
Per curiam, the Georgia Supreme Court rejects attorney Paul Jason York's petition for voluntary discipline following his admission to violating the Georgia Rules of Professional Conduct. The attorney forged the signatures of a judge and an assistant district attorney on a court order purportedly authorizing the removal of his client's ankle monitor. The special master's recommendation that the attorney receive a three-year suspension is not appropriate. The attorney's criminal forgery charges remain pending and his pre-trial diversion agreement does not expire until at least August 2025.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: April 16, 2024, Case #: S24Y0285, Categories: judiciary, Attorney Discipline
J. Murguia dismisses a complaint of judicial misconduct against a district judge. The matter is governed by the Rules for Judicial Conduct and Judicial-Disability Proceedings, therefore, the names of complainant and the subject judge are not disclosed in the order.
Court: 9th Circuit, Judge: Murguia, Filed On: April 16, 2024, Case #: 22-90122, Categories: judiciary
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus against his trial court judge. The court's failure to include the correct number of firearms in its judgment did not render the judgment nonfinal and, therefore, the inmate had an adequate remedy through a direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 9, 2024, Case #: 2024-Ohio-1291, Categories: Criminal Procedure, judiciary
J. Holcomb finds in favor of the state agency against the attorney's complaint, which alleges that the state agency must independently investigate the judge who served as an arbitrator in an underlying divorce action because the judge was actually a temporary judge. The Eleventh Amendment bars this action, because it gives states and state agencies sovereign immunity to cases filed in federal court.
Court: USDC Central District of California, Judge: Holcomb, Filed On: April 8, 2024, Case #: 5:22cv1709, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, judiciary, Immunity
J. Artau finds that a father should be granted a writ of prohibition in child custody claims since the judge demonstrated significant bias against the father based on the father's opposition to his minor child's intention to undergo gender transitioning prior to adulthood, as the judge's opinion threatened to interfere with the father's right to make parental decisions.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: April 3, 2024, Case #: 4D2023-1825, Categories: Family Law, judiciary
J. Protasiewicz finds the circuit court court properly dismissed as untimely defendant's request for a judicial substitution in his misdemeanor battery and disorderly conduct case and the court of appeals properly denied defendant's motion for a supervisory writ. Defendant's request for a new judge in his case, which arrived 71 days after a court commissioner entered a not guilty plea on his behalf at a combined initial appearance and arraignment and six days after he was appointed a public defender, is untimely under Wisconsin statutes and local circuit court rules, despite his argument that his delay beyond the applicable deadline was caused by the public defender's office taking so long to appoint him counsel. It is also found that, under precedent, the circuit court had no plain duty to treat defendant's request as timely given the circumstances. Affirmed.
Court: Wisconsin Supreme Court, Judge: Protasiewicz, Filed On: March 26, 2024, Case #: 2022AP001999-W, Categories: judiciary, Battery
J. Hood finds a magistrate judge's probable cause hearing is a final order subject to appeal by a criminal defendant. Once a decision is made on whether to bind a case over to criminal court, the magistrate cannot rehear any issue and, therefore, has fully resolved the case. The decision does not become appealable until the magistrate memorializes it in writing; therefore, defendant's appeal was timely filed within 21 days of the written opinion.
Court: Colorado Supreme Court, Judge: Hood, Filed On: March 25, 2024, Case #: 2024 CO 15, Categories: Criminal Procedure, judiciary