209 results for 'filedAt:"2023-07-13"'.
J. Rivas-Molloy finds the lower court properly granted summary judgment to a convenience store and a maintenance company in this matter concerning a slip and fall on store premises. A customer slipped and fell on an ADA ramp while leaving the store, and claims the stain used on the ramp became slippery when wet, posing a danger to her and other customers. The customer failed to present sufficient evidence to support her claim that the stain was the cause of her slip and fall, and failed to show the convenience store and/or the maintenance company knew or should have known of such a hazard and failed to correct or warn customers. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: July 13, 2023, Case #: 01-21-00512-CV, Categories: Tort, Negligence
J. Jewell finds that the trial court partly erred in granting turnover relief and appointing a receiver to collect a judgment from the debtor who was involved in a pump-and-dump scheme. The turnover order should not apply to the debtor's car because it is exempt personal property or his interests in certain limited liability companies since turnover relief is not appropriate in this case. Also, evidence did not show that the 25% receiver's fee was reasonable. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 13, 2023, Case #: 14-22-00547-CV, Categories: Civil Procedure, Debt Collection, Evidence
J. Zimmerer finds that the trial court properly terminated the mother's parental rights to her three children based on sufficient evidence in support of the findings for endangering conduct and the children's best interest. The mother "did not consistently comply with drug testing" during the case, did not properly address her mental health issues, and failed to show she could provide the children a stable and safe environment. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: July 13, 2023, Case #: 14-23-00119-CV, Categories: Evidence, Family Law
J. Eckerstrom finds a lower court properly convicted a defendant for sexually abusing a minor. The defendant argued that the State erred in allowing a biased juror to participate at trial. However, the juror in question, a retired FBI agent who surveilled alleged pedophiles as a part of his job, presented sufficient evidence in court that he could be "fair and impartial." Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: July 13, 2023, Case #: 2 CA-CR 2022-62, Categories: Jury, Child Victims
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Cruz finds a lower court improperly denied a proposed marijuana dispensary's motion to unseal documents submitted to the Arizona Department of Health Services. The health services argued that it properly granted a medical marijuana dispensary registration to a third party, and that it was not obligated to provide the proposed dispensary with confidential documents. However, the court has special action jurisdiction to view certain confidential documents that are not exempt under Arizona Public Records rules. Remanded in part.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: July 13, 2023, Case #: 1 CA-SA 23-66, Categories: Administrative Law, Health Care, Discovery
J. Kiley finds a lower court improperly granted a defendant's motion for incompetency. The defendant argued that he was deemed incompetent to stand trial on murder charges. However, the State presented sufficient evidence in court that it is entitled to refile charges against the defendant after he failed to present evidence that he experienced a "change in competency." Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Kiley, Filed On: July 13, 2023, Case #: 1 CA-SA 23-98, Categories: Competence, Murder
J. Greer finds that parents' visitation rights were improperly increased following removal of their children because both children had been taken to the emergency room for serious injuries the parents failed to explain. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: July 13, 2023, Case #: 23-0814, Categories: Family Law
J. Kloppenburg finds the police officer unconstitutionally seized defendant at his home without a warrant while investigating whether he was responsible for a nearby hit-and-run accident. The officer unlawfully seized defendant without probable cause when he refused to stop questioning him at his doorway after defendant told him he wanted to stop the interview and commanded defendant to accompany him to the scene of the accident so a witness could identify him, after which defendant was driven home, handcuffed and subjected to a warranted blood draw that found him to be intoxicated. Defendant is entitled to suppression of all evidence stemming from his unlawful seizure, including every statement he made after the officer refused to stop questioning him, the witness's identification of him both at the scene of the accident and in court, and the results of the blood draw. The circuit court's denial of defendant's motion to suppress and judgment of conviction are overturned, and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: July 13, 2023, Case #: 2022AP000450-CR, Categories: Constitution, Search, Dui
J. Lynch finds that the lower court improperly dismissed medical malpractice and wrongful death claims stemming from complications following surgery for gallstone pancreatitis. Testimony in which an expert for the decedent suggested that a worrisome level of oxygen saturation indicated an earlier need for post-surgical intubation should not have been dismissed as speculative or conclusory. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 13, 2023, Case #: 535338, Categories: Experts, Wrongful Death, Medical Malpractice
J. Blake denies a hip replacement manufacturer its motion for summary judgment following hundreds of suits from patients who developed medical complications from flaws in the replacements. Specifically, the metal femur heads would grind against the metal sockets and flake in patients’ bodies, causing pain, metallosis and other conditions requiring corrective surgeries or replacing the product altogether. The patients have provided enough evidence to show that the manufacturer was aware of the defects and chose not to make patients aware.
Court: USDC Maryland, Judge: Blake, Filed On: July 13, 2023, Case #: 1:17cv1040, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Branch finds the lower court properly denied defendant’s motion to vacate his sentence. The “predicate offenses in this case were so inextricably intertwined that there is no doubt that the jury convicted” defendant based upon both of the valid drug trafficking predicate offenses. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: July 13, 2023, Case #: 20-13260, Categories: Drug Offender, Sentencing
[Consolidated.] J. Hull finds that defendant was properly convicted of sex trafficking charges. There was “ample” evidence supporting his coercion conviction and defendant has not shown that any error in the government’s amended notice of its expert testimony prejudiced him on that conviction. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: July 13, 2023, Case #: 22-10164, Categories: Evidence, Sex Offender
Per curiam, the Fifth Circuit finds the district court, after remand, properly calculated that $1.794 million be forfeited by defendant as part of sentencing for his part in a cocaine trafficking conspiracy associated with the Balboa-Falcon drug trafficking organization. Defendant concedes that the amount flowed through his operation in the United States, but says it ultimately was retained by the operation in Mexico. The forfeiture order, from correctly applied relevant case law, applies to gross receipts, not only profits. The court, however, failed to conform the written judgment to the oral pronouncement of sentence. Affirmed in part. Reversed and rendered in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 13, 2023, Case #: 22-50763, Categories: Drug Offender, Forfeiture, International Law
Per curiam, the appellate division finds that attorney Colin Ross McArthur may be reinstated following his September 2022 suspension for failing to meet registration requirements because he complied with the order of suspension and possesses the requisite character.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 13, 2023, Case #: PM-145-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that appellate counsel may withdraw from handling defendant's rape trial. Counsel contends nonfrivolous issues cannot be raised on appeal, but the validity of defendant's appeal waiver may potentially affect other issues, such as sentencing. New counsel should be assigned to address this issue and any others disclosed in the record.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 13, 2023, Case #: 112792, Categories: Criminal Procedure
J. Siddoway finds that the lower court properly convicted defendant of trying to elude a police car. While the lower court made an improper evidentiary ruling as to whether defendant was driving safely or recklessly while he was evading police, it was ultimately harmless and did not change the outcome of the trial. Affirmed.
Court: Washington Court Of Appeals, Judge: Siddoway, Filed On: July 13, 2023, Case #: 38604-0-III, Categories: Obstruction, Escape
J. Boggs grants defendant leave to file a delayed appeal of the lower court's decision to deny his DNA testing application relating to his convictions for aggravated burglary, aggravated robbery, kidnapping, rape, attempted rape and other related offenses. The state's argument that defendant likely knew of the trial court’s judgment before he filed his writ of procedendo petition is insufficient, because the trial court's denial of defendant's application for post-conviction DNA testing was a civil judgment that was not served to defendant in accordance with civil code.
Court: Ohio Court Of Appeals, Judge: Boggs, Filed On: July 13, 2023, Case #: 23AP-256, Categories: Dna
J. Fisher finds that the lower court properly declined to remove certain defendants from childhood sexual abuse claims brought against sponsors of a foster home program for at-risk youth. The law permitting such lawsuits by lifting the statute of limitations was not facially unconstitutional either on its face or as applied to the sponsors because the effect of the passage of time was fully considered in the enabling legislation. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: July 13, 2023, Case #: 534956, Categories: Civil Procedure, Constitution, Negligence
J. Bredar denies in part a former project manager his motion for reconsideration of a previous opinion which denied claims of age discrimination against a county school board. The manager, who applied for various positions within the county school system, alleges the board consistently passed him over and hired younger candidates. He has not proven an obvious error of law justifying reconsideration. However, the manager can amend an amended complaint to add new allegations.
Court: USDC Maryland, Judge: Bredar, Filed On: July 13, 2023, Case #: 8:21cv2720, NOS: Employment - Civil Rights, Categories: Education, Employment, Employment Discrimination
J. Bassett finds that the lower court did not err in ordering the defendant to be involuntarily admitted to the Secure Psychiatric Unit (SPU) of the state prison for three years with a conditional discharge if clinically appropriate. Even if her past attempts at harming others were unsuccessful, she has established that she poses a high likelihood of being dangerous to others in the future, because in the past she created explosive devices and put them in people’s cars and attempted to enter the house of someone she was not allowed to contact as a condition of her bail equipped with hypodermic needles, OxyContin, pliers, a screwdriver and a boxcutter.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: July 13, 2023, Case #: 2021-0525, Categories: Commitment
J. Burroughs remands to state court a class action against a health care organization for allegedly sharing patients’ private data with third parties such as Facebook and Google without patients’ consent, because the health care organization’s alleged conduct was not an example of it acting under a federal authority, was not related to a federal office and “cannot raise a colorable federal offense.”
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 13, 2023, Case #: 4:23cv10113, NOS: Civil Rights - Habeas Corpus, Categories: Health Care, Privacy, Class Action
J. Bassett supports a finding of delinquency against a juvenile defendant for harassment. Even though the defendant and victim only had one encounter, the defendant repeatedly swore at the victim with the intent to annoy or alarm him and sent him over 22 messages within a four-minute span. Even though the communications were over the course of one in-person interaction, that does not prevent the communications from being considered repeated. Affirmed.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: July 13, 2023, Case #: 2021-0560, Categories: Juvenile Law, Harassment
J. Garry finds that the lower court improperly held that New York fulfilled its obligations on post-2020 census redistricting by having a court-appointed "special master" draw up new districts following political deadlock of a constitutionally mandated state commission. The commission had a nondiscretionary duty to submit a second set of maps if the state legislature rejected the first set, and the special master's maps were meant to serve only the 2022 elections. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: July 13, 2023, Case #: CV-22-2265, Categories: Administrative Law, Elections
J. Thomson finds a lower court erred in establishing a “stricter proof requirement” in a dispute over a public easement, and this court “take[s] this opportunity to clarify what is required” to establish a valid public easement for a road in New Mexico. The “key” to a “public prescriptive easement claim” lies in showing the “public character of the road,” and in this case parties seeking the easement provided “substantial evidence” of public use. Reversed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: July 13, 2023, Case #: S-1-SC-38934, Categories: Property, Real Estate, Transportation