153 results for 'filedAt:"2023-10-11"'.
J. Pipkin finds that the trial court improperly ruled in favor of the estate administrator in an action seeking cancellation of a quitclaim deed executed by the decedent several days before her death which conveyed property to herself and her friend. The trial court incorrectly failed to instruct the jury on the law governing inter vivos gifts. The error was prejudicial in light of the fact that a question about whether the decedent intended to gift the property to the friend was at the heart of the case. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 11, 2023, Case #: A23A0633, Categories: Property
J. Worthen finds the trial court properly convicted defendant for violation of the terms of his community supervision for assault-family violence by impeding breath or circulation with a prior conviction, sentencing him to 15 years in prison. The sentence is within the applicable statutory punishment range for this violent crime. All evidence and cited case law supports the sentence. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: October 11, 2023, Case #: 12-23-00063-CR, Categories: Sentencing, Assault, Domestic Violence
J. Higginson finds the district court improperly found the city violated the takings clause when it refused to compensate the homeowner for damage to her property caused by police officers use of armored vehicles, explosives and toxic-gas grenades to resolve a hostage situation. History and precedent affirm that the takings clause does not require compensation for damaged property when the destruction was objectively necessary to prevent imminent harm to persons in an active emergency. Reversed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 11, 2023, Case #: 22-40644, Categories: Property, Tort, Police Misconduct
Per curiam, the Fifth Circuit finds the district court properly granted the insurance company’s motion to dismiss this suit arising from its denial of coverage for business losses incurred by the restaurant owner during Covid-19 lockdowns. The court properly denied the restaurant owner’s motion to remand to state court as diversity exists among the involved Illinois and Texas entities. The owner cannot plausibly plead that the virus caused direct physical damage to their property as necessary according to the policy. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 22-20573, Categories: Insurance, Jurisdiction, Covid-19
Per curiam, the Fifth Circuit finds the district court properly dismissed the inmate’s civil action challenging the constitutionality of the Texas Penal Code used to determine his sentence. This challenge of his sentence of 50 years in prison by guilty plea for aggravated assault with a deadly weapon was dismissed as frivolous and for failure to state a claim. The inmate has improperly interpreted the code as to the different descriptions of assault as being with or without a weapon. His motion for judicial notice reiterating his inadequately briefed arguments is denied. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 23-40113, Categories: Sentencing, Assault, Weapons
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J. LaGrua finds that the trial court properly convicted defendant of murder. Defendant failed to show that he was prejudiced by his trial counsel's failure to present a firearms expert or introduce documentation related to the manufacturer's recall of the gun. Defendant's trial counsel made a reasonable strategic decision to elicit testimony from the state's firearms expert to explain the recall and the gun's faulty safety. In light of the strong evidence of defendant's guilt, evidence that the gun was registered to someone else probably would not have impacted the trial outcome. Defendant also failed to show that he was prejudiced by his trial counsel's failure to adequately inform him of the state's plea offer. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: October 11, 2023, Case #: S23A0654, Categories: Ineffective Assistance, Murder
J. McMillian finds that the trial court properly convicted defendant of murder and aggravated assault. Sufficient evidence was presented to support defendant's murder conviction. However, defendant's aggravated assault conviction should have merged into the murder conviction. Affirmed in part.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: October 11, 2023, Case #: S23A0460, Categories: Murder, Sentencing, Assault
J. Warren finds that the trial court properly convicted defendant of murder and rape and correctly denied his motion for a new trial. Sufficient evidence was presented to support defendant's convictions. The trial court correctly denied defendant's motion for a continuance. Defendant's counsel was given time to interview witnesses during the proceedings and the trial court made the court's IT staff available to help with any technical issues. The trial court correctly denied defendant's motion to dismiss the indictment because the 11-year delay between the crimes and defendant's arrest was not deliberate or designed to give the state a tactical advantage. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: October 11, 2023, Case #: S23A0678, Categories: Murder, Sex Offender, Due Process
J. Jensen finds that the district court properly issued an order revoking sentencing and judgment imposing a new sentence against defendant, who pleaded guilty to conspiracy to deliver a controlled substance, delivery of a controlled substance, possession of a controlled substance-methamphetamine and possession of drug paraphernalia. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: October 11, 2023, Case #: 2023ND192, Categories: Drug Offender, Sentencing
Per curiam, the Georgia Supreme Court rejects the notice of discipline, seeking a public reprimand for attorney David Carleton Head based on his abandonment of a client. The Bar failed to describe the three instances of prior discipline received by the attorney which are cited as aggravating factors in the notice.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: October 11, 2023, Case #: S23Y0635, Categories: Judiciary, Attorney Discipline
J. Grimberg finds that the district court improperly ruled in favor of the prison doctors in a civil rights action brought by the inmate alleging that they were deliberately indifferent to his serious medical needs. The inmate was diagnosed with Hepatitis C in 2009 but did not receive medication until nine years later, when the illness had already progressed to liver cirrhosis. Genuine issues of fact exist as to the doctors' actions and inactions in treating the inmate. There is evidence showing that one doctor's prescription of treatment was valid and medically necessary but that treatment was delayed by another doctor for reasons which are in dispute. The trial court correctly denied the inmate's motion to amend his complaint. Reversed in part.
Court: 11th Circuit, Judge: Grimberg, Filed On: October 11, 2023, Case #: 20-10150, Categories: Civil Rights, Prisoners' Rights
J. Rodriguez declares disbarred California attorney Elizabeth Karnazes a vexatious litigant, imposing an order prohibiting her from filing new litigation without permission from the particular court’s judge. She has shown a persistent pattern of filing meritless appeals, imposing substantial costs requiring court staff to respond to excessive communications and addressing repeated violations of the California Rules of Court.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: October 11, 2023, Case #: A167888, Categories: Administrative Law, Contempt, Malicious Prosecution
J. Bahr issues an order to remand a matter to the district court concerning a disorderly conduct restraining order directing a no contact order against an individual for a one-year period. The district court did not make findings of fact to explain the factual basis for granting the disorderly conduct restraining order.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: October 11, 2023, Case #: 2023ND191, Categories: Restraining Order
J. Biery partially grants an injunction to indigenous members of the Native American Church who had asked a court to ensure they still had access to “sacred areas” in Brackenridge Park during renovation work by the city, including for ceremonies using peyote. While these worshippers will still have limited access to these sacred areas, it is “impractical” to allow unrestricted individual access. The parties should evaluate the pros and cons of a request by the worshipers for the city to develop “alternative plans” for redevelopment of the park, as it could lead the “temporary closing” of some areas to become “semi-permanent.”
Court: USDC Western District of Texas , Judge: Biery, Filed On: October 11, 2023, Case #: 5:23cv977, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Native Americans
J. Wise finds defendant's indictment on several charges of gross sexual imposition and pandering obscenity involving a minor included all language necessary to put him on notice of the charges and allowed him to prepare a sufficient defense, given that it included the specific event and timeframe of his criminal activity. Meanwhile, the video and photographic evidence obtained from both defendant's cell phone and the cameras in the victim's home is sufficient to convict him of the child pornography charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: October 11, 2023, Case #: 2023-Ohio-3704, Categories: Evidence, Child Victims, Child Pornography
J. Egan finds the trial court erred by designating both parents as the primary caregiver and therefore failing to afford the primary caregiver the benefit of the statutory preference when making its custody determination. “The correct legal standard…requires giving mother the primary-caregiver preference.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: October 11, 2023, Case #: A178312, Categories: Family Law
J. Powers finds the juvenile court properly committed an individual to the legal custody of the Oregon Youth Authority with a recommendation for placement in a youth correctional facility. “The court found that youth suffered from a serious, polysubstance drug problem and that youth had run away from less secure placements in the past.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: October 11, 2023, Case #: A176293, Categories: Commitment
J. Sabatino finds that the department of transportation properly held that a state roadway project constituted "modification" of the means of access to a commercial building rather than "revocation" or "removal" of access. Under the plan, the building would be accessed from the state highway by private easement. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: October 11, 2023, Case #: A-2564-21, Categories: Property
J. Vaidik finds that defendant was improperly convicted of intent to sell methamphetamine based on his nervous responses to questions about residue observed on a scale and the discovery of meth inside a backpack that also contained his wallet because evidence did not indicate he intended to sell the minuscule amount of meth found on the scale. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik , Filed On: October 11, 2023, Case #: 22A-CR-2999, Categories: Drug Offender, Evidence
J. Lagesen finds the Land Use Board of Appeals properly affirmed Yamhill County’s conclusion that an ordinance required a company to obtain an extension of its conditional use permit to continue developing its solar farm project. “The county’s common-law vesting analysis was collateral to the issue before the county.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 11, 2023, Case #: A181678, Categories: Property
J. Brasher finds that the district court properly ruled in favor of the city on the former employee's civil rights and disability discrimination action arising from the termination of her healthcare retirement benefits under the city's new benefits plan. A former employee who does not hold or desire to hold an employment position cannot sue under Title I of the ADA to remedy discrimination in the provision of post-employment fringe benefits. The employee cannot show that the city committed any discriminatory acts against her while she could still perform the essential functions of a job she still wanted to hold. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: October 11, 2023, Case #: 22-10002, Categories: Civil Rights, Ada / Rehabilitation Act, Employment Discrimination
J. Kunselman finds that the lower court improperly sentenced defendant to endure confinement, pay a fine and complete community service for disorderly conduct stemming from her noncompliance with a police officer during a traffic stop. Because the sentence did not include a term of probation, the court did not have the authority to order community service. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: October 11, 2023, Case #: J-S32022-23, Categories: Criminal Procedure, Sentencing, Vehicle