158 results for 'filedAt:"2023-11-29"'.
J. Wright finds the trial court properly convicted defendant for capital murder. Though defendant pleaded not guilty by reason of insanity to beating his 2-year-old daughter to death with a hammer, objecting to the admission of evidence of voluntary intoxication, his insanity plea allowed for the rebutting evidence of voluntary intoxication. That he admitted to officers after his arrest that he was aware of what he did and that he knew it was wrong also successfully rebuts the insanity defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: November 29, 2023, Case #: 09-21-00273-CR, Categories: Evidence, Murder, Due Process
[Consolidated.] J. Herndon finds the trial court properly found the investment advisor liable for breach of contract, breach of fiduciary duty and conversion in this dispute over the sale of real property. Though the advisor says that no contract existed due to the investor's ignorance of the amended operating agreements, the agreements are found to be binding and enforceable. The parties dispute the timeline of events preceding litigation, though the investor's claims were timely filed and evidence shows the timeline is uncontroverted. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: November 29, 2023, Case #: 83350, Categories: Property, Fiduciary Duty, Contract
J. Drozd dismisses a couple’s action seeking to stop a trustee sale of their home. The couple's "conclusory, vague, and lacking" allegations fail to support a claim under the Fair Debt Collection Practices Act, and they fail to state a cognizable claim under the Rosenthal Act.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: November 29, 2023, Case #: 2:23cv2023, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending
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Per curiam, the court of appeal finds that the trial court properly dismissed consolidated medical malpractice claims in which a patient sued medical providers, the state of Florida, and his own expert witness for refusing to provide an opinion because the patient failed to comply with filing requirements and the claims are time-barred. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: November 29, 2023, Case #: 1D2023-0358, Categories: Civil Procedure, Experts, Medical Malpractice
J. Emas finds the trial court properly denied defendant's motion for post-conviction relief, as his judgment and sentence became final in March 2019 and he did not file his motion until January 2023, making it untimely according to the two-year time limitation under Florida law. Although defendant argues his motion was late because he could not access documents from his attorney, nothing in the record shows he was denied meaningful access to the materials he needed or explains why he waited so long before trying to obtain them. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: November 29, 2023, Case #: 23-0380, Categories: Criminal Procedure, Sentencing
J. Hellman finds the trial court erred by imposing a mandatory minimum $2,000 fine because the jury did not make any findings as to defendant’s blood alcohol content (BAC). The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 29, 2023, Case #: A176053, Categories: Jury, Dui
J. Torresen denies in part an insurance company’s motion for summary judgment against one of its insureds who accidentally caused a tree to fall and both the tree and his father’s visiting friend to be dragged by his truck, seriously injuring his father’s friend. While the insurance company says it wishes to be exempted from defending its insured, it doesn’t articulate arguments to support such an exemption.
Court: USDC Maine, Judge: Torresen, Filed On: November 29, 2023, Case #: 2:23cv148, NOS: Insurance - Contract, Categories: Insurance, Negligence, Indemnification
J. Brown finds that the trial court properly upheld the suspension of a driver's license for driving with too high a blood-alcohol concentration. A blood draw that was not properly supervised and did not follow the statutory procedure was rebuttable but other foundational evidence supported its results. Affirmed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: November 29, 2023, Case #: A165289, Categories: Licensing
Per curiam, the appellate division finds that the lower court properly denied the homeowner's motion for summary judgment on liability on their claim that the fuel company overfilled their oil tank, causing it to rupture and spill. The homeowners failed to eliminate all triable issues of fact as to what caused the spill, and whether they contributed to the spill. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 29, 2023, Case #: 06110, Categories: Environment, Tort
J. Moses denies the state of Texas’ motion for a temporary injunction after it sued federal agencies and officials over their destruction of razor-wire fencing installed by Texas on the U.S.-Mexico border. Texas has not yet established that destruction of its fencing resulted from a “final agency action” by the feds, rather than individual decisions by Border Patrol officials who, for example, may need to cut open fencing in order to rescue migrants from the Rio Grande.
Court: USDC Western District of Texas , Judge: Moses, Filed On: November 29, 2023, Case #: 2:23cv55, NOS: Other Statutory Actions - Other Suits, Categories: Government, Immigration, Federalism
J. Gladwin finds the circuit court properly sentenced defendant to 10 years in prison on his guilty plea to drug paraphernalia possession, and 40 years for possession with purpose to deliver. Although a sentencing juror said that he had been robbed by "druggies" and was angry with them, he also said he could base his decision on what is presented in court and that he would incline toward the middle of the sentencing guideline. The juror was properly seated after he was found to have been sufficiently rehabilitated. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: November 29, 2023, Case #: CR-22-791, Categories: Drug Offender, Jury
J. Virden finds the circuit court properly denied the ex-husband's request to terminate his spousal support obligation. The ex-wife's ex-boyfriend, with whom she had a child, did not support her and his contact with her was only when he visited his child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: November 29, 2023, Case #: CV-22-659, Categories: Evidence, Family Law
J. Harrison finds the circuit court properly determined the decedent's son, her successor trustee, is responsible to distribute interest in inherited property among the heirs as the owner of the life estate of a non-family heir. Each of the children received a vested 1/8th undivided interest in the trust property upon the death of their mother, subject to the life estate of the non-family heir, according to the mother's will. The non-family heir purchased the children's properties before the interests were distributed. The non-family heir had standing to seek information on the resulting ownership, which required the circuit court to determine the heir's interests. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: November 29, 2023, Case #: CV-22-145, Categories: Property, Wills / Probate
J. Brown finds the circuit court properly terminated the parent's parental rights to their three minor children. The children were removed after the parents were arrested on multiple drug charges and the family's home, filled with feces and trash, was found to be a health hazard. Furthermore, the parents failed to present themselves for drug testing. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: November 29, 2023, Case #: CV-23-253, Categories: Evidence, Family Law, Guardianship
J. Kyzar finds that defendant was properly convicted of second degree murder for the shooting of a victim found in a motel parking lot. The motel surveillance footage and other evidence was sufficient to show "beyond a reasonable doubt" that defendant committed the offense and had not acted in self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 29, 2023, Case #: KA-23-313, Categories: Evidence, Firearms, Murder
J. Simmons grants Tommy Bahama's motion to compel arbitration of the employee's putative class action alleging wage violations. Although the employee, who speaks very little English, was not given a Spanish version of the arbitration agreement, Tommy Bahama's Executive Chef communicated to her in Spanish the existence and meaning of the agreement.
Court: USDC Southern District of California, Judge: Simmons, Filed On: November 29, 2023, Case #: 3:22cv1881, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Labor
J. Brody finds that the Industrial Commission properly concluded that a widow was entitled to death and medical benefits after the death of her husband. She proved that his death was the result of workplace stroke, which is a compensable industrial accident. Her failure to respond to discovery requests did not bar her from asserting the presumption that his death arose from his employment. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: November 29, 2023, Case #: 49452, Categories: Discovery, Workers' Compensation
J. Johnson finds that a property owner's motion for leave to present additional evidence into an administrative record was properly denied. Evidence of the abatement of the property at the time of the administrative hearing is irrelevant due to its untimeliness and was not the condition of the property at the time of the hearing. Further, evidence presented at the administrative hearing established that the property was in violation of city ordinances, and that the property owner was remediating the property at the time of the hearing. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 29, 2023, Case #: 2023-CA-0379, Categories: Evidence, Property, Contract
Per curiam, the appellate division finds that Evan J. Krame shall be suspended from the practice of law in New York for three years pursuant to his suspension in D.C. for having committed misconduct in his role as the court-appointed trustee for three special needs trusts. The attorney lied about keeping time records for his specific services for the trust, in order to collect a flat fee of 1% of its assets, a fee that was higher than what his time records justified.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 29, 2023, Case #: 06137, Categories: Attorney Fees