196 results for 'filedAt:"2023-12-20"'.
J. Walker finds that the court of appeals should have upheld defendant's conviction for committing sexual assault by penetrating the victim's sexual organ with his sexual organ because any error as to whether penetration occurred with defendant's sex organ or his mouth did not rise to the level of egregious harm. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Walker, Filed On: December 20, 2023, Case #: PD-0918-20, Categories: Sex Offender
Per curiam, the circuit finds the district court properly enforced a settlement agreement in a case arising from an incident where a draping towel was left in the patient's abdomen after surgery. Although the patient changed his mind about settling, he fails to show his attorney did not have authority to settle.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 23-20102, Categories: Settlements, Medical Malpractice
J. Elrod finds the district court improperly sentenced defendant for his guilty plea conviction for conspiracy to commit wire fraud. A prior incident involving meth possession was improperly cited as criminal history rather than relevant conduct in the written judgment and must be amended to conform with the oral pronouncement made at trial. Affirmed.
Court: 5th Circuit, Judge: Elrod , Filed On: December 20, 2023, Case #: 22-11039, Categories: Fraud, Sentencing, Theft
J. Johnson finds the trial court properly found defendant guilty of continuous sexual abuse of a child. The forensic interviewer testified the 14-year-old victim described multiple incidents occurring since she was 11 where her father raped and molested her. The interviewer and a detective testified as to the child's truthfulness and guarded demeanor, and other behaviors that indicated she was telling the truth. All evidence, including a DNA match, supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 20, 2023, Case #: 09-23-00007-CR, Categories: Evidence, Sex Offender, Child Victims
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J. McLaughlin finds that the lower court properly found that a pet store owner failed to sustain her burden in this replevin action and finding that a cat rescue organization owned the cat who had been living in her shop, Toby. The record shows that the organization owned Toby and therefore had the right to repossess her. Affirmed.
Court: Pennsylvania Superior Court, Judge: McLaughlin, Filed On: December 20, 2023, Case #: J-S39019-23, Categories: Civil Procedure, Property
Per curiam, the Minnesota Supreme Court suspends attorney Samuel McCloud for a minimum of 90 days with two years of supervised probation following reinstatement for missing a hearing, practicing law while suspended, and impermissibly disclosing a client's confidential information.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: December 20, 2023, Case #: A22-0800, Categories: Attorney Discipline
Per curiam, the court of appeal finds that the trial court improperly imposed court costs and fees following defendant's conviction for fleeing law enforcement and reckless driving because evidence did not support the court imposing a public defender assistance fee greater than the $100 minimum felony fee. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 20, 2023, Case #: 1D2022-2823, Categories: Resisting Arrest, Attorney Fees
J. Hughes finds that the employment of a department of homeland security field officer was improperly terminated on arbitration after he he falsified his time sheet and a travel report because the arbitrator failed to consider the employee's claims that his discipline was inconsistent with other similarly situated federal employees. Reversed.
Court: Federal Circuit, Judge: Hughes, Filed On: December 20, 2023, Case #: 2022-2003, Categories: Arbitration, Employment
J. Stephens finds that the trial court should not have denied a husband's petition for revocation of the acknowledgments of paternity to his wife's children. The husband's right to rescind his acknowledgments has not expired since it is imprescriptible by nature. In this case, the father did not adopt the children, and if he can show that he is not the father of the children, his right to annul his acknowledgment of paternity has not been perempted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: December 20, 2023, Case #: 55,358-CA, Categories: Civil Procedure, Family Law
J. Kamins finds the trial court properly committed appellant and prohibited her from purchasing or possessing firearms. “Appellant suffers from schizoaffective disorder which renders her dangerous to herself.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A179743, Categories: Commitment
J. North grants summary judgment to a school board, dismissing the employment retaliation claims of a full-time high school English teacher who was relieved of his duties coaching the boys' basketball team after posting losing seasons. The teacher alleges he was fired from his coaching job in retaliation for filing a sexual harassment suit against the female school principal who previously investigated him for statewide violations of rules for student athletes. The board argued the teacher’s claims were unsubstantiated and the school superintendent gave the teacher a second chance at the coaching job, which he failed. Because the teacher cannot establish a clear case of employment retaliation, the school board is not required to offer a non-retaliatory reason for the adverse employment action against him as a basketball coach.
Court: USDC Eastern District of Louisiana , Judge: North, Filed On: December 20, 2023, Case #: 2:21cv1081, NOS: Other Civil Rights - Civil Rights, Categories: Education, Evidence, Employment Retaliation
J. Evanson grants the consent decree between the nonprofit organization and the general contractor for the former's complaint accusing the latter of discharging stormwater and other pollutants into the Duwamish Waterway, which flows to Puget Sound. Among other stipulations, the general contractor will electronically forward copies of all submissions and written communications for the facility to the nonprofit organization on a monthly basis.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 20, 2023, Case #: 2:22cv848, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Bennett denies a student group’s motion for preliminary injunction in this lawsuit to enjoin the Naval Academy and its individual officials from using race as a consideration for admissions. The group alleges that considering race as a factor is a violation of equal protection when admissions is rejected. The evidence presented by the group does not show that the academy discriminated against prospective students due to race.
Court: USDC Maryland, Judge: Bennett, Filed On: December 20, 2023, Case #: 1:23cv2699, NOS: Education - Civil Rights, Categories: Education, Equal Protection, Injunction
J. Tabor finds that the lower court improperly held that an employee's request to review and reopen workers' compensation claims was barred by res judicata because the employee had not presented an identical issue in the original compensation proceedings since he had been newly diagnosed with depression related to his original injury. Reversed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: December 20, 2023, Case #: 22-1917, Categories: Civil Procedure, Workers' Compensation
J. Zahn upholds the trial court's evidentiary rulings in a trial that ended with defendant's conviction for assault on a police officer. It properly excluded evidence of his civil suit against the police department as irrelevant, admitted evidence that his gun fired after he was tased and excluded video evidence of police returning fire. And the exclusion of video showing that he did not fire his gun a second time was harmless error. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: December 20, 2023, Case #: 48949-2021, Categories: Evidence, Assault
J. Bower finds that the lower court properly declined to modify a custody order because the mother's divorce from her current husband did not constitute a significant change of circumstances. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: December 20, 2023, Case #: 23-0075, Categories: Family Law
J. Miller finds the lower court properly dismissed a charge against defendant for trafficking more than 1,000 grams of synthetic cannabinoids deriving from cereal bars containing THC law enforcement seized from his home along with marijuana plants. Because the prosecutor could not prove the THC in the cereal bars was artificially produced or otherwise synthetic in origin and not derived from part of the cannabis plant based on a chemist's testing, and because the term "synthetic cannabinoids" is not defined in the relevant Florida statutes, a case cannot be properly made for the dismissed charge. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: December 20, 2023, Case #: 22-0524, Categories: Drug Offender, Evidence
J. Scott finds that the lower court properly declined to suppress evidence obtained in a traffic stop in defendant's trial for carrying weapons because the vehicle in which plaintiff had been riding as a passenger was observed crossing the center line, and the stop was justifiably extended after the officer smelled marijuana coming from the vehicle. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: December 20, 2023, Case #: 22-0023, Categories: Drug Offender, Search, Weapons
J. Windhorst finds that defendant was properly convicted on eight counts of possession of pornography involving juveniles under the age of thirteen. There was evidence presented that a police officer, using a P2P network, downloaded child pornography from a device connected to defendant’s IP address. During a search of defendant's residence, the police found defendant’s electronic devices that contained child pornography in his bedroom, downstairs in the living room, and in a backyard shed. Further, the child pornography found on defendant’s devices from 2010 was highly relevant and probative of defendant’s charges in that it showed his lustful disposition towards children. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 20, 2023, Case #: 23-KA-149, Categories: Evidence, Sex Offender
[Consolidated] J. McLish denies the government's motion to dismiss the contractor's appeals on behalf of its subcontractors. The subcontractors say work on the construction of a building for the National Geospatial-Intelligence Agency in St. Louis was hindered and delayed by government responses to Covid-19, as well as cost increases. The complaint adequately asserts constructive changes entitling the contractors to equitable adjustment pursuant to the contract's “Changes” clause, constructive suspensions of work and breaches of the government’s implied duties.
Court: Armed Services Board Of Contract Appeals, Judge: McLish , Filed On: December 20, 2023, Case #: 63571, Categories: Construction, Government, Contract