157 results for 'filedAt:"2023-07-20"'.
J. Wright denies an individual's motion for summary judgment and affirms the decision of the Army Board for Correction of Military Records regarding the individual who is "seeking an upgrade of his discharge characterization" and review of Army Board findings. The individual was discharged from the Army for "fraudulent entry" for failing to disclose that he had been investigated for marriage fraud to obtain a visa. The Correction Board did not err in refusing to amend the reasons for the individual's discharge or for refusing to upgrade his character of service to "honorable."
Court: USDC Central District of California, Judge: Wright, Filed On: July 20, 2023, Case #: 2:22cv1905, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Military
J. Prescott finds that the lower court improperly allowed a foster parent to intervene and file a motion to transfer guardianship of a child. The foster parent’s intervention “improperly tainted the court’s adjudication of the motions to revoke commitment.” Reversed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: July 20, 2023, Case #: AC 45979, Categories: Guardianship
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J. Blackburne-Rigsby upholds the trial court's finding for the district on its claim the former owners of property that was sold for $58.8 million must pay taxes not only on consideration paid for the property, but also $1.9 million in taxes on the assignment of a leasehold interest in the property. The property and the leasehold interest are two separately taxable interests. Affirmed in part.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: July 20, 2023, Case #: 22-TX-0329 , Categories: Property, Real Estate, Tax
J. Boggs finds that the lower court improperly denied a shopper’s motion to sanction Kroger for discovery violations or to compel discovery. The shipper sued over injuries sustained when he slipped and fell on a grape inside a Kroger store. The company failed to provide an incident report concerning the shopper’s claim, or information in incident reports regarding similar slip and falls. Reversed.
Court: Ohio Court Of Appeals, Judge: Boggs, Filed On: July 20, 2023, Case #: 2023-Ohio-2497, Categories: Discovery
J. Boyle finds that the lower court properly convicted defendant of several charges, including aggravated murder and kidnapping, and properly sentenced him to life in prison. Defendant’s confession to the police was admissible, and his other challenges fail, as well. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: July 20, 2023, Case #: 2023-Ohio-2481, Categories: Murder
En banc, the appellate court finds that the Reagan Tokes Law “only prevents offenders serving a nonlife indefinite prison term for a sexually oriented offense from earning sentencing reductions.” All other offenders serving such a sentence for a nonlife felony of first or second-degree are eligible for an earned reduction of minimum prison term, and a trial court does not make a reversible error by advising such a defendant that they may earn reductions.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: July 20, 2023, Case #: 2023-Ohio-2482, Categories: Sentencing
J. Benavides finds that the lower court properly granted summary judgment in favor of AutoZone in this lawsuit alleging negligent undertaking and gross negligence against the auto parts store. An employee allegedly said that a certain vehicle was "fine to drive" with the check-engine light on, but the vehicle subsequently stalled in traffic and the driver of the vehicle was killed when she was allegedly struck by another motorist. The evidence does not establish, however, that the store's alleged negligence was the cause-in-fact of her death. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: July 20, 2023, Case #: 13-22-00241-CV, Categories: Vehicle, Negligence, Wrongful Death
J. Brann dismisses certain negligence claims contending a gymnastics camp counselor groomed and sexually assaulted an underage female camper in 2016 but allows a camper to continue negligence claims against the coach in his individual capacity. Plaintiff may also continue vicarious liability claims contending the camp allowed the hiring manager to re-hire the counselor after receiving multiple complaints of misconduct and concerning the counselor's "inappropriate sexual relationship that included indecent contact with a minor female gymnast."
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: July 20, 2023, Case #: 4:22cv1407, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Pratt grants plaintiff attorney fees and finds for plaintiff regarding venue in this contract action because evidence indicates that defendant, a proper party to the action, acted improperly to have the case removed to federal court.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: July 20, 2023, Case #: 1:23cv895, NOS: Other Contract - Contract, Categories: Venue, Attorney Fees, Contract
J. Silva finds that the lower court properly appointed the appellee sister as a possessory conservator. The sister had standing "to seek possession of and access to" her sibling, as both of the parents were deceased. Additionally, the appellants, the paternal grandparents, did not withdraw their consent to the parties' agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 20, 2023, Case #: 13-22-00591-CV, Categories: Civil Procedure, Family Law
J. Nardini finds that defendant, who otherwise received representation by counsel, should be denied consideration of a pro se brief in an appeal from the dismissal of several indictments stemming from two 1998 U.S. Embassy bombings in Africa. Defendant, who had not gone to trial on terrorism charges after pleading guilty to attempted murder of a prison guard, either sought to go to trial or dismissal of the indictments with prejudice to avoid their being used to justify alleged special holding measures. But no right to "hybrid" counseled/pro se representation exists, as each present different operating requirements, and nothing in defendant's case would justify supplementing the record.
Court: 2nd Circuit, Judge: Nardini, Filed On: July 20, 2023, Case #: 21-2442 (L), Categories: Self Representation, Terrorism
J. Connors finds that the lower court properly convicted defendant for burglary following a jury trial, based on an incident in which he allegedly entered the rental home where he had previously lived. At trial, defendant argued that he was "legally present on the premises as a tenant," and he argues on appeal that the state failed to prove that he knew he was not licensed to be at the house. The evidence shows, however, that he entered the house through the basement and that he knew the victim, his ex-girlfriend, "did not want him there when she was there." Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: July 20, 2023, Case #: 2023ME39, Categories: Burglary, Evidence
[Consolidated.] J. Ceresia finds that the lower court properly upheld the conviction entered upon defendant's guilty plea to attempted rape. Defendant contends he only pleaded guilty because counsel assured he would go to county jail instead of state prison, but the record specified only a sentence cap, not the facility at which time would be served. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: July 20, 2023, Case #: 110309, Categories: Sentencing, Plea
J. Brown finds that the trial court properly convicted defendant of vehicular homicide and DUI. The trial court correctly denied defendant's motion for a new trial. Any error in the jury instructions was invited by defendant because he participated in crafting the charge on vehicular homicide that was given to the jury. Defendant placed his character at issue when he testified that he is a "law-abiding citizen," therefore the state was allowed to introduce evidence of defendant's prior DUI conviction and his admitted cocaine use. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: July 20, 2023, Case #: A23A0922, Categories: Dui, Vehicular Homicide
[Consolidated.] J. Suttell finds that the trial court properly suppressed evidence obtained during a traffic stop even though the issue of racial bias was improperly interjected sua sponte because, ultimately, state police lacked reasonable suspicion of criminal activity to detain defendants beyond the investigation of a traffic infraction. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: July 20, 2023, Case #: 21-164, Categories: Evidence, Firearms, Search
J. Calabresi finds that the district court improperly awarded an inmate nominal compensatory damages and denied punitive damages after a term of post-release supervision was assigned by the state prison agency because such administrative actions have been ruled unconstitutional, as was the court's decision to impose parole after the inmate's sentence expired. By law, the inmate may recover punitive damages if a jury finds willful failure to comply with precedent, but the award of $1 in compensatory damages could be upheld following remand. However, officials were properly granted immunity concerning a court order on post-sentence confinement.
Court: 2nd Circuit, Judge: Calabresi, Filed On: July 20, 2023, Case #: 20-2186, Categories: Parole
J. Brown finds that the trial court lacked the authority to enter a restitution order following a theft conviction beyond the 90-day statutory deadline.
The trial court was required to make an express good cause finding before the final restitution hearing in order to extend the deadline, and defendant did not waive the right for a timely restitution order or invite error by requesting extensions beyond the deadline. Vacated.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: July 20, 2023, Case #: 21CA1713, Categories: Theft, Restitution
J. Jenkins holds that the trial court jury instructions on first degree murder were in line with the Sanchez holding on substantial concurrent causation. Defendants participated in a gun battle in a crowded public place with the intent to kill their gang rivals. This satisfied the proximate cause element required to convict them of first degree murder for a bystander's death. And even though the bullet that killed the bystander was fired by their rival, their mental states in setting up the attack and firing wildly satisfied the mens rea element. Affirmed.
Court: California Supreme Court, Judge: Jenkins, Filed On: July 20, 2023, Case #: S260063, Categories: Murder, Jury Instructions
Per curiam, the appellate division finds that the district court properly held that holding a "judicial sale" of foreclosed property would no longer be viable because title vested once the bond company sought to transfer legal title. Thus, the interests of the U.S. have not been foreclosed. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: July 20, 2023, Case #: 22-1894, Categories: Property, Banking / Lending, Foreclosure