98 results for 'filedAt:"2023-10-03"'.
J. McGrath finds that much of a criminal defendant’s sentence upon revocation was incorrectly calculated, granting his petition for writ of habeas corpus and directing the lower court to amend its order revoking his suspended sentence and commitment. His challenges to two of his earlier criminal cases are dismissed because he previously never appealed them. Reversed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: October 3, 2023, Case #: OP 23-0498, Categories: Sentencing
J. Slaughter denies a father's emergency petition and denies as moot his motion to pick up a child in a custody dispute between two Russian citizens. The mother asked for a divorce, the father refused, and the father beat the mother. The couple separated. The mother and child traveled to Mexico then crossed the border into the United States, where the mother requested political asylum. The father initiated this matter under the Hague Convention and the International Child Abduction Remedies Act. Because the child's habitual residence is the Russian Federation, the Hague Convention does not apply. Because the parents and child are all citizens and residents of the Russian Federation, the father's petition is dismissed for lack of subject matter jurisdiction.
Court: USDC Central District of California, Judge: Slaughter, Filed On: October 3, 2023, Case #: 8:23cv867, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, Jurisdiction
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J. Gillmor grants summary judgment to the director of the state’s public housing authority in a case of a tenant accusing the director and other authority employees of discrimination and retaliation. There is no evidence that the director, who oversees thousands of public housing units, knew specifically about the individual tenant’s situation, and an email sent to the director by the tenant after the complaint was filed does not show the director had any direct knowledge of any discrimination.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 3, 2023, Case #: 1:21cv247, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Housing
J. Hudson transfers attorney Richard Saliterman to disability inactive status in light of a finding that a medical condition makes him unable to competently represent clients. Disciplinary proceedings are stayed until such time as he is reinstated.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: October 3, 2023, Case #: A21-0764, Categories: Attorney Discipline
Per curiam, the Fifth Circuit finds the district court properly granted the water tank manufacturer’s motion for summary judgment in this negligence suit brought by the employee injured in a scaffold collapse. Though the scaffold was tagged as “unfit for use” there was no genuine dispute of material fact that the employer did not commit an “intentional act” under Louisiana law. While the injured party’s evidence might raise a fact issue on negligence or recklessness, there is no genuine dispute of material fact that the company knew to a that the employee would be injured. The company’s reply did not raise any new arguments warranting a sur-reply, for which leave was properly denied. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 23-30120, Categories: Tort, Negligence
Per curiam, the appellate division finds that the lower court properly found for the landlord in a dispute over a sublease. The tenant failed to show there was an oral modification to the sublease to relieve him from liability for unpaid rent. The landlord is entitled to $40,000 plus attorneys' fees under the sublease. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 3, 2023, Case #: 04953, Categories: Landlord Tenant
J. Samour finds defendant's right to a jury trial was not violated, as the recidivism portion of Colorado's animal cruelty criminal statute is not an element of the offense required to be proven to the jury but is, in fact, a sentence enhancement to be proved to the trial court by a preponderance of the evidence. Although it elevates convictions from misdemeanors to felonies, the recidivism portion stands alone from the subsection of the statute that lists elements of animal cruelty and does not radically increase punishment for a defendant. Affirmed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: October 3, 2023, Case #: 2023CO50, Categories: Criminal Procedure, Sentencing, Animal Cruelty
J. Welch finds the trial court properly convicted defendant for attempted assault after his no-contest plea agreement from charges of assault on a pregnant woman. The 62-year-old woman testified that after she heard her neighbor screaming, she observed defendant assaulting the pregnant neighbor by pulling her hair and punching her in the face. Defendant then struck the 62-year-old twice in the face with a closed fist, causing her to fall to the ground, where he kicked her ribs. The 62-year-old’s jaw needed emergency surgery because it was fractured in six places. All evidence supports the conviction, and the record shows that defendant’s plea was entered knowingly and voluntarily. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: October 3, 2023, Case #: A-23-142, Categories: Evidence, Assault
Per curiam, the Fifth Circuit dismisses this appeal, for lack of jurisdiction, brought by an officer being sued for Fourteenth Amendment due process violations arising from an altercation between he and a citizen while he was off duty. The district court denied the officer’s motion for summary judgment as to false charges because a reasonable jury could find, based on witness testimony and other evidence, that the officer was the initial aggressor in the altercation in a Walmart parking lot, and that he made false statements to get the citizen arrested. The Fifth Circuit agrees, so it lacks jurisdiction to consider the officer’s arguments regarding the court’s factual determinations.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 22-50836, Categories: Civil Rights, Evidence, Police Misconduct
J. Brann allows a customer service employee to advance sexual harassment claims contending she was made to feel "like a prostitute" when a customer offered to purchase a vehicle from her if she would go on a date with him. The dealership was aware the employee was being harassed because she reported lewd behavior to human resources as evidenced by overlapping information in both parties' fact-finding discovery.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: October 3, 2023, Case #: 4:23cv765, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Robinson finds that the lower court properly found in favor of a law firm on an individual's legal malpractice claims alleging that the firm did not properly resolve a divorce proceeding his father was involved in before he died. The individual suing the firm is a non-client and there is no evidence that he was ever intended to be a beneficiary of his father’s attorney’s services. As a result, he lacks standing to pursue any legal malpractice claims. Affirmed.
Court: Wyoming Supreme Court, Judge: Robinson, Filed On: October 3, 2023, Case #: S-22-0293, Categories: Legal Malpractice
J. Kennedy finds that the lower court improperly found that the landlord conspired to deregulate the tenants' apartments. The filing of late or incorrect registrations does not support a finding of fraud as a matter of law. Reversed.
Court: New York Appellate Divisions, Judge: Kennedy, Filed On: October 3, 2023, Case #: 04917, Categories: Landlord Tenant
J. Diaz finds the lower court improperly granted defendant’s motion to dismiss. Defendant was charged with felony indecent exposure for being in his apartment and touching himself while watching three minor girls play on the apartment complex playscape. The lower court granted defendant’s motion to dismiss, because he was clothed and defendant argues that nudity is an essential element of the crime. The instant court finds that despite being clothed, defendant’s behavior constitutes obscene exposure even without nudity, as is not a statutory requirement. The matter is remanded for further proceedings. Reversed.
Court: Washington Court Of Appeals, Judge: Diaz, Filed On: October 3, 2023, Case #: 84366-4-I, Categories: Sex Offender
J. Arnett denies the contractor’s appeal of this commercial items contract to lease and maintain several types of non-tactical vehicles for government use at Al Asad Air Base, Iraq. The contractor requests that the termination of the contract for cause be converted to a termination for convenience and seeks compensation for damages and restoration of rights under the contract. The contractor failed to deliver vehicles meeting contract requirements and has not demonstrated that its default was excusable.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett, Filed On: October 3, 2023, Case #: 63320, Categories: Government, Military, Contract
J. Eveleigh finds the lower court properly denied the mother's motion to replace her attorney on the day of her custody hearing because the court properly considered all necessary factors - including whether further delay would cause further harm to the child - and determined the motion was made for the sole purpose of delaying proceedings. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Eveleigh, Filed On: October 3, 2023, Case #: AC46328, Categories: Civil Procedure, Family Law
J. Sweazea grants, in part, the injured driver's motion to compel discovery, ruling the driver of the tractor-trailer must provide a response to the interrogatory about individuals with first-hand knowledge of the accident because their testimony could determine liability. Additionally, the driver of the tractor-trailer must provide an answer to the interrogatory about whether he contends someone other than himself was responsible for the accident because the question does not seek a legal conclusion or a narrative account of the accident.
Court: USDC New Mexico, Judge: Sweazea, Filed On: October 3, 2023, Case #: 2:23cv18, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Discovery
J. Coogler finds the district court improperly sentenced defendant to 20 years' imprisonment after he violated a three-year probation term implemented in 2017 when he pleaded guilty to wire fraud by getting convicted in Florida state court of second-degree murder. The government did not give a specific reason on the record for why it was going so far beyond the guideline sentencing range of 12 to 18 months when sentencing defendant, so it is required that the sentence is vacated and the case is remanded for re-sentencing.
Court: 11th Circuit, Judge: Coogler, Filed On: October 3, 2023, Case #: 22-10742, Categories: Murder, Probation, Sentencing
J. Carpenter finds the trial court erroneously included a jury instruction that stated "a defendant does not have the right to use excessive force" during defendant's trial on a charge of assault with a deadly weapon. Under North Carolina law and the Castle Doctrine, a homeowner can use deadly force. The jury was required to determine if the prosecution rebutted defendant's Castle Doctrine defense, and so the jury instruction was misleading and potentially confusing, which requires this court to vacate the conviction and remand for a new trial. Reversed.
Court: North Carolina Court of Appeals, Judge: Carpenter, Filed On: October 3, 2023, Case #: COA22-866, Categories: Assault, Jury Instructions
J. Stroud finds the trial court properly classified a $110,000 loan as marital debt because, although the husband initially called the loan a gift from friends, he admitted during cross-examination it was a loan used to purchase the marital residence, which allowed the court to divide it between the parties. Meanwhile, the money awarded to husband from a lawsuit settlement was properly deemed a marital asset because it was obtained during the marriage as part of a suit to recover economic losses sustained by both parties. Affirmed.
Court: North Carolina Court of Appeals, Judge: Stroud, Filed On: October 3, 2023, Case #: COA22-378, Categories: Evidence, Family Law
Per curiam, the circuit finds that the district court properly dismissed defamation claims brought against the Boston Globe concerning an article in which a hedge fund executive had been accused of creating a toxic culture of sexual harassment. The prior decision holding that evidence did not support gross irresponsibility barred the action despite the executive’s claims that his quadriplegia condition made him incapable of committing the alleged harassment. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 23-67-cv, Categories: Civil Procedure, Defamation