71 results for 'cat:"Evidence" AND cat:"Vehicle"'.
J. Barrett finds the trial court properly convicted defendant for aggravated assault, fleeing by vehicle and related charges. Officers testified to a pursuit involving a vehicle with no license plates that reached speeds of more than 100 mph and included sudden turns, as well as driving on the wrong side of the road. The male driver ran after crashing due to hitting stop sticks. After defendant escaped, a police dog found his shirt and he was apprehended and identified by pursuing officers and dashcam video. Sufficient evidence supports the convictions and any prejudice caused by unrecorded custodial statements made by defendant is not preserved for appellate review. There is also no constitutional right to have such statements recorded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 15, 2024, Case #: CR-23-381, Categories: evidence, Escape, vehicle
J. Cradle finds the Commissioner of Motor Vehicles properly found the towing company levied excessive charges against a customer and ordered it to pay restitution. It not only failed to abide by statutory hourly rates for emergency recovery services, but did not provide any explanation for certain charges and failed to keep adequate records. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 10, 2024, Case #: AC45605, Categories: Administrative Law, evidence, vehicle
J. Miller finds the trial court properly convicted defendant of criminal mischief following a non-jury trial over a road rage incident. Defendant's challenges to the sufficiency of the evidence supporting his conviction fail, as the record shows defendant intentionally swung a golf club at another motorist's car three times after the motorist retreated. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 8, 2024, Case #: 22-2140, Categories: evidence, vehicle
J. Kellum finds that the lower court properly convicted defendant for manslaughter after he allegedly struck the victim with a car. Defendant has not shown that he is entitled to relief in connection with his requested jury instruction. Also, there was no abuse of discretion in the lower court’s handling of an unsolicited statement defendant made to a police officer during transport. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0611, Categories: evidence, Manslaughter, vehicle
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J. Vance grants the unopposed request for summary judgment to a Toyota manufacturer and a sales company, dismissing product liability claims by the driver of a 2014 Lexus ES350 who alleges injuries from the car’s airbag failure to deploy when he crashed into a guard rail. The Toyota companies presented certified medical records taken at the hospital where the litigant was treated after the accident, in which the treating physician stated that he reportedly “drank a significant amount of alcohol and then crashed his car on purpose [in] an attempt to end his life secondary to depression and suicidal thoughts after a break-up 5 months ago.” Furthermore, the litigant has failed to present evidence sufficient to establish the essential elements of his defective airbag claims.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: May 1, 2024, Case #: 2:22cv4607, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: evidence, vehicle, Product Liability
J. Arterburn finds the trial court properly convicted defendant for operating a motor vehicle during revocation. Though defendant was observed in the driver's seat before the traffic stop, upon making contact officers found him lying down between seats, with a woman driving. Though defendant argues the woman's testimony was consistent with his claim he was never driving, jurors found the officers' testimony more credible, and credibility findings will not be reviewed. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-435, Categories: evidence, Sentencing, vehicle
J. Tabor finds that defendant was properly convicted of driving while barred after a police officer familiar with defendant confirmed that he had observed defendant driving without a license upon checking the computer system in the police vehicle. Defendant contends the certified abstract indicated he had zero "unserved sanctions," but the ambiguous notation had been rejected by the jury in light of "more certain" evidence that defendant's license had been barred. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0811, Categories: evidence, vehicle
J. Mooney finds the trial court properly admitted a photograph allegedly showing defendant signed a U-Haul contract. “Exclusion of the duplicate solely because defendant denied that she signed it would have removed that evidence from the jury’s consideration, essentially usurping the jury’s role and weighing that piece of evidence for them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A177721, Categories: evidence, vehicle
J. Dysart vacates the restitution judgment related to defendant's simple criminal damage to property conviction for damaging a vehicle. In this case, there was no evidence reflecting the value of the vehicle. The vehicle was an uninsured 2008 Mercedes Benz C Class vehicle which had over 200,000 miles on it and was inoperable at the time defendant damaged the exterior. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-KA-0711, Categories: evidence, vehicle, Property Crimes
J. Budd supports the denial of the defendant’s motion to suppress analysis of his blood samples. His consent is not needed where he is being charged for operating under the influence resulting in serious bodily injury and death rather than simple operating under the influence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: April 1, 2024, Case #: SJC-13384, Categories: evidence, Dui, vehicle
Per curiam, the Supreme Judicial Court of Massachusetts reverses the suppression of the defendant’s blood sample analysis. The consent requirement governing blood sample analysis in a charge of simple operating under the influence case does not apply to a charge for operating under the influence in a way which causes serious bodily injury. Reversed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: April 1, 2024, Case #: SJC-13458, Categories: evidence, Dui, vehicle
J. Horton finds the trial court properly entered a take-nothing judgment in a car collision case. The driver and passenger who were rear-ended say the court improperly imposed a "death penalty" sanction, excluding deposition testimony of their surgeon for their attorney’s failure to comply with the evidence scheduling order. The driver and passenger have not attached any part of the doctor's testimony to their motion for new trial, and the trial court properly enforced its scheduling order. The injured party was given the opportunity to develop a record sufficient to show no other evidence could tie the driver's surgery to the collision. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 28, 2024, Case #: 09-22-00001-CV, Categories: evidence, Sanctions, vehicle
J. Klappenbach finds the trial court properly convicted defendant for negligent homicide. The victim motorcyclist was killed when he entered the turn lane and defendant, who was travelling in the opposite direction, veered his truck into the lane, striking the victim. Witness accounts and the condition of the defendant's and the victim's vehicles are sufficient to support the conviction. Defendant's above-limit blood-alcohol level test result was properly admitted. Use of an isopropyl alcohol pad on defendant's arm before his blood was drawn would not invalidate the test. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: March 27, 2024, Case #: CR-23-489, Categories: evidence, vehicle, Negligent Homicide
J. McFarland denies both parties' motion for summary judgment on the contract claim brought by the car dealership, ruling that while its lease agreement with the cab company allowed it to demand the full amounts of loans following a single missed payment, the cab company's obligations under the agreement may have been waived if the dealership charged it for the lease of vehicles that were never actually leased; therefore, there is a question of fact that must be submitted to a jury.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 19, 2024, Case #: 1:21cv386, NOS: Other Contract - Contract, Categories: evidence, vehicle, Contract
J. Cobbs finds that the lower court improperly found defendant guilty of possession of a stolen motor vehicle. The evidence presented at trial is "so unsatisfactory" that it creates reasonable doubt of defendant's guilty. Reversed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: March 19, 2024, Case #: 221875, Categories: evidence, vehicle
J. Huffaker grants, in part, a trucking company’s motion for summary judgment in this wrongful death lawsuit brought by the family of a motorist who died in a vehicle collision involving the company’s tractor-trailer, which was parked for 12 hours on the shoulder of an interstate’s travel lanes. The family alleges Alabama Wrongful Death Act and many negligence claims because the trucker had been parked on top of the rumble strip within inches of the fog line when it broke down. The trucking company argues that the decedent driver was at fault when he drifted out of his lane, and the truck driver did not create a safety concern. The estate’s negligence and wantonness claims concerning the tractor-trailer being parked in the place and for the amount of time it was there, and the decedent driver’s actions constitute as contributory negligence is denied. All other claims are granted along with the estate’s motion to file a sur-reply. The trucking company’s motion in limine is denied but may be refiled in advance of the jury trial.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 14, 2024, Case #: 2:20cv85, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, vehicle, Wrongful Death
J. Horton finds the trial court improperly convicted defendant for vehicular manslaughter. Defendant struck a can collector who had stepped behind a stopped garbage truck. It is undisputed that the truck had been stopped for 5 seconds and that the sun was setting behind the truck, causing its yellow warning lights to blend with the color of the sunset. Defendant, travelling at 3 mph above the 50-mph posted speed, was not operating the vehicle recklessly, and evidence presented did prove beyond a reasonable doubt that she diverted her attention from the road for a full 15 seconds. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 6, 2024, Case #: 09-22-00028-CR, Categories: evidence, Manslaughter, vehicle
J. Gannam finds the trial court erred when it held the case was time-barred and granted summary judgment to the insurer for this underinsured motorist lawsuit. The driver argues that the case was not barred because she sued less than two years after the settlement was approved with the tortfeasor’s liability carrier. Therefore, this case is remanded as the suit was within the five-year statute of limitations. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: March 1, 2024, Case #: 6D23-399, Categories: evidence, Insurance, vehicle
J. Schlegel vacates defendant's conviction for illegal possession of a stolen thing valued at $25,000 or more. In this case, the state concedes that it did not prove the value of the stolen vehicle was $25,000 or more. However, the evidence supports a lesser and included responsive verdict of illegal possession of a stolen thing less than $1,000 because there was video evidence showing defendant driving the stolen vehicle over 80 miles per hour, which demonstrates that the vehicle had some value. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: February 28, 2024, Case #: 23-KA-273, Categories: evidence, Theft, vehicle
J. DeGravelles grants summary judgment to the insurer of the lessee of an oilfield service company’s truck and against the insurer of the vehicle’s owner. Both insurance companies are providers of co-primary underinsured motorist coverage in the accidental injury case of the truck’s driver, who was struck by another motorist. Although the insurer of the truck’s owner argues there cannot be co-primary policies because Louisiana law provides for one primary and one excess policy to provide uninsured motorist coverage, this incorrectly states the law.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: February 23, 2024, Case #: 3:22cv123, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, Insurance, vehicle
J. Reidinger denies the passenger in a car collision his motion to voluntarily dismiss the court’s exclusion of expert testimony he brought against a car manufacturer. The manufacturer claims the expert’s testimony is flawed because his recreation of the collision was inaccurate. Also, a voluntary dismissal would not take into account the significant expense the manufacturer has paid in service of the litigation so far. Thus, the motion is denied, but the expert will be allowed to recreate the crash study and submit it to the manufacturer at the expense of the passenger.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 16, 2024, Case #: 1:23cv112, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: evidence, vehicle, Experts
J. Christopher finds that defendant was properly convicted of felony murder for an incident in which he stole a tow truck and pinned its driver between the tow truck and a repossessed vehicle, before running him over. There was sufficient evidence to support both elements of the offense, and this includes defendant admitting that he committed unauthorized use of a motor vehicle and witness testimony of the victim being pinned between the vehicles. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 15, 2024, Case #: 14-23-00126-CR, Categories: evidence, Murder, vehicle
J. Richardson finds the lower court properly convicted the defendant of being a felon in possession of a firearm. The police had probable cause to search his vehicle, where they found illegally owned firearms and drugs because the defendant ran two stoplights in an unprovoked flight upon noticing the police before they had turned on their sirens. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: February 6, 2024, Case #: 21-4684, Categories: evidence, Firearms, vehicle
Per curiam, the appeals court finds the trial court improperly granted summary judgment to the wealth management firm in a lawsuit over a car collision its employee caused with the citizen while heading to a business meeting in the course of running errands at least partially related to her job. Because the record is unclear as to whether the employee's errands, which included trips to buy packing supplies and wine and cheese, and a stop at McDonald's for lunch, were related to her employment, the firm is not entitled to judgment as a matter of law. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 2, 2024, Case #: 23-0750, Categories: evidence, Tort, vehicle
J. Neeley finds the trial court properly convicted defendant for evading arrest and theft of property after he crashed a stolen truck into a pond on private property. Although certain photos supporting an officer's testimony were suppressed, this did not nullify the entirety of her testimony about seeing defendant in the truck. Furthermore, another officer testified he responded to the crash and obtained surveillance video showing the crash and fleeing driver, and that he had known defendant for many years and identified him in court. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 31, 2024, Case #: 12-23-00099-CR, Categories: evidence, Theft, vehicle