160 results for 'filedAt:"2023-08-03"'.
J. Corley partially grants the police officers' and prosecutors' motion for summary judgment on the exonerated man's claims against him connected to murder, attempted robbery and RICO convictions. Disputed material fact questions remain as to the exonerated man's Brady claims against the officials, but his malicious prosecution and fabrication of evidence claims are dismissed, along with a due-process claim based on suggestive interrogation techniques. A claim against the city for failure to train police officers 'regarding their Brady obligations also survives.
Court: USDC Northern District of California, Judge: Corley, Filed On: August 3, 2023, Case #: 3:21cv9472, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
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
Per curiam, the court of appeals upholds the Office of Administrative Hearings' order that a worker is entitled to partial unemployment benefits after he was terminated for simple workplace misconduct. His attempt to misappropriate funds is not considered gross misconduct, as the company was relatively unaffected, no money was misappropriated and the incident was isolated. Affirmed.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 3, 2023, Case #: 20-AA-0480 , Categories: Employment, Labor
J. Wilson finds the lower court properly dismissed defendant’s petition for writ of habeas corpus. Defendant was found guilty of two counts of attempted first-degree murder and received an effective 47-year sentence. Defendant argues the trial court lacked subject matter jurisdiction, and that his convictions were void under the State’s improper notice of enhanced punishment. But the instant court finds defendant’s claims are without merit as his assertions would not void the judgments even if found to be true. The lower court did not abuse its discretion and defendant is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 3, 2023, Case #: M2022-00857-CCA-R3-HC, Categories: Habeas, Murder, Sentencing
J. Wilson finds the lower court properly convicted defendant of driving under the influence (DUI), to which he pleaded guilty, and sentenced him to 11 months, 29 days in confinement per his plea agreement. Also in the agreement is that the trial court would determine the manner of service, and it ordered the sentence to be served at 75 percent and to run consecutive to a life sentence he was on parole for at the time of the DUI. The trial court did not abuse its discretion in sentencing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 3, 2023, Case #: M2022-01334-CCA-R3-CD, Categories: Sentencing, Dui
Per curiam, the court of appeal finds that the trial court improperly denied the father’s motion to vacate a judgment in his divorce proceeding. The father was entitled to an evidentiary hearing prior to the denial.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: August 3, 2023, Case #: 1D22-733, Categories: Family Law
J. Tunheim grants conditional certification to the employees' Fair Labor Standards Act class, finding that despite the relatively low number of class members and declarations alleging violations of overtime pay, the employees have adequately shown that they are similarly situated to the proposed class and that there is potential interest from other putative class members. The employees' motion for equitable tolling is also granted in light of a number of delays caused by negotiations between the parties.
Court: USDC Minnesota, Judge: Tunheim, Filed On: August 3, 2023, Case #: 0:21cv1796, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action
J. Arterton denies the gun advocacy group's motion for a preliminary injunction, ruling that it is unlikely to prevail on Second Amendment claims made in response to state laws that limit the purchase and use of assault rifles and large capacity magazines because the weapons and accessories in question are not commonly purchased or used for self-defense and are "disproportionately dangerous to the public." The increased lethality of the weapons - which are often used in mass shootings - gives state legislators the ability to pass stricter regulations to protect the general population, and so the laws at issue in this suit further a legitimate government interest are likely constitutional.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 3, 2023, Case #: 3:22cv1118, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Firearms
J. Egan finds that the lower court properly convicted defendant on his guilty plea to attempted burglary. Defendant challenged denial of a request for substitute counsel, after already succeeding once, but no abuse of discretion occurred as the court sufficiently inquired into defendant's dissatisfaction with counsel's recommendation that he pursue a guilty plea. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: August 3, 2023, Case #: 111747, Categories: Burglary, Plea
J. Stephens finds that the lower court properly convicted defendant of domestic violence. Defendant's main issue on appeal is the diversity of his jury, with defendant going so far as to ask the court to adopt a new test under the law in which a defendant can show evidence of a constitutional violation by showing a "comparative disparity level of 20% or more in a single jury venire." While it's noted that jury diversity is surely lacking in Washington state and that more can be done on the issue, defendant has not shown in this case that the state constitution requires this new proposed test. Under the current framework, the lower court fulfilled its "constitutional minimums" during jury selection. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: August 3, 2023, Case #: 100922-4, Categories: Jury, Domestic Violence
J. Morrison enters judgment in favor of the Port Authority on a Polish electronic system specialist’s employment discrimination claims alleging he was subjected to a hostile work environment, including being suspended on six separate occasions, on the basis of his age and national origin. His claims time-barred and he fails to provide any detail that would remotely suggest his suspensions were motivated by his age or national origin, rather than his repeated acts of hostility and insubordination towards his supervisors.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: August 3, 2023, Case #: 1:21cv3328, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
Per curiam, the appellate division finds that the lower court improperly dismissed malicious prosecution claims brought against the city arising out of a woman's arrest for failing to producer ID during a traffic stop. The woman was charged with assault, harassment, obstructing government administration and resisting arrest. She was convicted on the latter two charges, but that does not create a presumption of existence of probable cause for the first two charges. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 3, 2023, Case #: 04180, Categories: Civil Rights, Assault, Police Misconduct
J. Orme finds that counsel in defendant's sexual assault trial was not deficient for deciding not to seek a directed verdict in the basis on inherent improbability simply because of inconsistency in victim's statements about what she wore during the assault. Testimony a nurse made about the victim's statements during a post-assault examination were properly admitted since they were related to a medical diagnosis or treatment. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: August 3, 2023, Case #: 20220059-CA, Categories: Confrontation, Ineffective Assistance, Sex Offender
J. Johnson finds the trial court properly terminated the mother’s parental rights to her five children. The mother was investigated after testing positive for PCP and benzodiazepine after the birth of her oldest daughter and supporting evidence confirmed this. She was then investigated for her ability to adequately supervise, protect and care for her children after she admitted to taking Xanax without prescription. The oldest daughter also made consistent allegations of sexual abuse and neglect by the father. All evidence supports the best-interest finding for termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 3, 2023, Case #: 09-23-00068-CV, Categories: Family Law, Guardianship
J. Land finds that the trial court properly granted the father's petition to legitimate a child born out of wedlock. There is sufficient evidence to show that the father did not abandon his opportunity interest in developing a relationship with the child. The mother had adequate notice of the legitimation proceeding and participated in the hearing by testifying and calling witnesses. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: August 3, 2023, Case #: A23A0831, Categories: Family Law
J. Jabar dismisses this appeal from probate court as interlocutory. The appellant challenges a ruling that a certain document was not a "valid holographic will." However, the lower court did not address all of the issues raised in the appellant's counter-motion. Accordingly, the order was not a final judgment, and the appeal is due to be dismissed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 3, 2023, Case #: 2023ME44, Categories: Civil Procedure, Wills / Probate
J. Harris finds that defendant's speedy trial rights were not violated because most of the nearly three-year delay before her assault and murder trial was attributable to her and she was late to assert the right. The trial court properly held that defendant's mother could not give alibi testimony because she was not included in defendant's notice of alibi. She opened the door to previously excluded statements when counsel asked a detective detailed questions about his aggressive questioning techniques and defendant's responses. Also, she failed to preserve her sentencing challenge. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: August 3, 2023, Case #: 20210242-CA, Categories: Evidence, Murder, Speedy Trial
J. Bennett finds that the district court improperly stayed an action alleging that defendants improperly transferred their assets to insulate them from an $11.8 million New Jersey state court judgment. The company had standing to bring the suit because it raised a question of fact as to whether it was injured by defendants’ asset transfers. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: August 3, 2023, Case #: 22-15466, Categories: Judiciary
J. Sanchez finds that the district court improperly dismissed an action against a pharmaceutical company in which the company allegedly fraudulently obtained two sets of patents related to a drug and asserted these patents to stifle competition from generic drugmakers. The lower court dismissed under the False Claims Act’s public disclosure bar and concluded that the allegations had already been publicly disclosed. The public disclosure bar was not triggered. Reversed.
Court: 9th Circuit, Judge: Sanchez, Filed On: August 3, 2023, Case #: 20-16176, Categories: Patent
J. Markey finds that the trial court properly dismissed fraud claims after a catering business failed to pay on its debt, its credit was downgraded, and an individual loaned it money believing the company was solvent. The business did not conceal its financial status prior to obtaining the loan, therefore the individual failed to state any claim in the case.
Court: Michigan Court of Appeals, Judge: Markey, Filed On: August 3, 2023, Case #: 361855, Categories: Fraud
J. Theofanis denies an investment firm's request to appeal the trial court's denial of its motion for summary judgment in a lease dispute. Allowing for the firm to appeal the trial court's ruling would be of no benefit to the parties, nor would it lead to a conclusion of the litigation. Denied.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 3, 2023, Case #: 03-23-00306-CV, Categories: Civil Procedure, Contract
J. Whitehead grants the consent decree between the conservation ecology organization and the Washington Department of Fish and Wildlife arising from a lawsuit alleging that the department's hatchery programs violated the Endangered Species Act because they did not undergo the required reviews and they affect Puget Sound steelheads. Among other stipulations, Fish and Wildlife officers shall work with the conservation ecology organization to conduct systemic snorkel surveys on the North Fork Skykomish River and the South Fork of the Tolt River.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 3, 2023, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Settlements