216 results for 'filedAt:"2024-01-10"'.
J. McKeig affirms the district court's order requiring that the defendant, convicted for three offenses related to child pornography he produced of an ex-girlfriend's daughter, pay restitution to the child's mother. The family members of a minor victim of a crime may receive restitution, and the child's mother adequately showed that she suffered monetary and psychological damage as a result of the defendant's crimes. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: January 10, 2024, Case #: A22-0793, Categories: Sex Offender, Restitution, Child Pornography
Per curiam, the Minnesota Supreme Court suspends attorney Joseph Kaminsky for a minimum of nine months for failing to properly supervise staff, filing a false affidavit, neglecting a client, failing to represent another client competently and diligently and failing to deposit unearned advance fees in a trust account.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: January 10, 2024, Case #: A21-1649, Categories: Attorney Discipline
J. Penzato finds that the workers' compensation court properly ruled in favor of the employee in finding an accident occurred and in awarding indemnity and medical benefits. The evidence showed that the employee's knee injury resulted from "repetitive climbing and jumping" while he unloaded cement from barges, and this constituted an "accident." Also, the employee's attorney fee award is increased from $5,000 to $7,500. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: January 10, 2024, Case #: 2023CA0403, Categories: Attorney Fees, Workers' Compensation
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J. Colloton finds a lower court properly dismissed a defendant's motion to vacate his sentence. The defendant argued that his 10 year prison sentence is unreasonable. However, the defendant engaged in a crime of violence when he shot and killed a civilian during an argument. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 10, 2024, Case #: 22-3452, Categories: Firearms, Sentencing, Manslaughter
J. Ericksen rules on several motions in limine in a patent suit regarding four patents related to artificial trees. The patent defendants may reference the existence and invalid status of eight underlying independent claims, but must avoid details of inter partes review proceedings leading to those determinations. They may also introduce evidence and testimony regarding their subjective beliefs and independent investigation into infringement and validity issues, sales data for unaccused products, and undisclosed prior art for invalidity defenses, but not evidence solely aimed at establishing inequitable conduct. The patent claimants, meanwhile, are precluded from presenting evidence or arguments regarding prior lawsuits, but may introduce evidence related to the Patent Trial and Appeal Board's analysis of secondary considerations, along with evidence of inter partes review proceedings subject to an appropriate limiting instruction and some online comments, depending on context. A motion seeking cross-examination of the patent claimant's patent prosecution attorney is premature, and testimony and an agreement from one of the claimant's witnesses is excluded.
Court: USDC Minnesota, Judge: Ericksen, Filed On: January 10, 2024, Case #: 0:15cv3443, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Emas finds the trial court properly denied the county's motion for summary judgment in the citizen's lawsuit claiming he was struck by a bus after getting off of it following an argument with the driver. The county is not entitled to sovereign immunity at this time because it remains disputed whether the driver intentionally struck the citizen, who says the driver would not have been able to see him at the time because he was in the bus's blind spot. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: January 10, 2024, Case #: 22-2132, Categories: Tort, Immunity
J. Fasciale finds that the appellate division should have dismissed class claims contending a senior living facility misrepresented its refund policy for resident entrance fees because the allegations did not relate to misrepresentations about food served at the facility, and thus statute cited in the motion to dismiss did not apply. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale, Filed On: January 10, 2024, Case #: A-37-22, Categories: Fraud
J. Gundrum finds the circuit court improperly affirmed the administrative agency's finding that the brothers were unlawfully fired by the school district after they allegedly stole funds from selling scrap metal belonging to the district, conduct for which they both received municipal theft citations that were resolved by paying the district $500. The plain language of the Wisconsin Fair Employment Act does not extend employment-discrimination protections for those terminated because of their "arrest record" to individuals fired due to civil, municipal charges. The matter is remanded to the circuit court, which is to remand to the agency so the latter can dismiss the brothers' claims. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gundrum, Filed On: January 10, 2024, Case #: 2022AP001158, Categories: Municipal Law, Employment Discrimination
J. Ahlers finds that the lower court properly dismissed a petition seeking judicial review after the state confirmed a finding of child abuse against defendant because he failed to serve the state within 10 days of filing the petition. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 10, 2024, Case #: 22-1955, Categories: Civil Procedure, Agency
J. Chicchelly finds that defendant was properly convicted of solicitation of commercial sexual activity after sending a photo of his penis to a detective posing as a 15-year-old girl, then arriving at a truck stop to meet her because admission of the photo into evidence was supported by the sexually explicit messages defendant sent to the detective. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: January 10, 2024, Case #: 22-1681, Categories: Evidence, Sex Offender
J. Marcotte finds that defendant was properly convicted of possession with intent to distribute marijuana, possession of a firearm while in possession of marijuana, and possession of a firearm by a convicted felon. Defendant's probation officer received an anonymous telephone tip that defendant was at a car wash in possession of a large amount of marijuana and a weapon. Defendant was found in possession of car keys when he was arrested, which gave him dominion and control over the contents of the truck, including the gun, drugs and drug-dealing paraphernalia. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: January 10, 2024, Case #: 55,441-KA, Categories: Drug Offender, Evidence
J. Sutton finds the lower court properly sided with Sprint and applied the lower of two proposed interest rates to the $2.2 million in payments to the local telecommunications company. The tariff for connecting local calls is defined as the "highest rate levied by law," which, in Kentucky, is set at 8 percent. Therefore, only governments or regulators could approve the 10.66 percent rate sought by the local telecommunications provider and the lower court properly added $4.3 million in interest. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: January 10, 2024, Case #: 23-5369, Categories: Communications, Damages
J. Lagesen finds the Land Use Board of Appeals (LUBA) erred in granting Tillamook County’s motion to dismiss for lack of jurisdiction. LUBA erred in determining that “petitioners had not demonstrated that the challenged decisions were final decisions, and its order is therefore unlawful in substance.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 10, 2024, Case #: A182569, Categories: Government
J. Hellman finds the trial court properly determined that defendant had violated a restraining order by possessing a firearm. “It is not ‘obvious and not reasonably in dispute’ that the contempt case was a second prosecution that gives rise to a double jeopardy violation.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A176857, Categories: Firearms, Restraining Order
J. Thompson finds that defendant was properly convicted of two counts of first degree rape, with both victims under the age of 12. The victims testified at trial that defendant raped them multiple times over a period of several years, starting when they were between the ages of three and six years old. Defendant's actions with the victims, who never met, demonstrate a pattern of targeting extremely young girls and abusing them while their mothers were at work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: January 10, 2024, Case #: 55,464-KA, Categories: Evidence, Sex Offender
J. Pitman finds that the trial court should not have dismissed a lawnmower operator's claim for exemplary damages related to a collision with a truck. In this case, the lawnmower operator's claim may be granted if intoxication was a cause-in-fact of the accident at issue. The lawnmower operator provided two affidavits of witnesses who swore that the truck driver appeared to be drunk and that he admitted to having had something to drink. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: January 10, 2024, Case #: 55,411-CA, Categories: Evidence, Damages
J. Thyer finds the circuit court properly entered judgment in favor the executrix of the will. The mother of the minor beneficiaries of the revocable trust was found to have violated the no-contest clauses of the will and trust, forfeiting her beneficiary interest. Among other things, she filed an action to remove the executrix, while the clear language of the will is meant to prevent the mother from exercising any control. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: January 10, 2024, Case #: CV-21-293, Categories: Evidence, Wills / Probate, Contract
J. Virden finds the trial court improperly denied the request for arrest reports and other materials under the Arkansas Freedom of Information Act. The trial court improperly interpreted case law involving the availability of materials during an ongoing investigation, improperly applying the undisclosed-investigations exemption. The case law did not establish a rule on what constitutes an undisclosed or ongoing investigation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 10, 2024, Case #: CV-22-751, Categories: Public Record, Due Process
J. Myren finds that the circuit court properly denied a company's request for a refund from the South Dakota Department of Revenue. The company is a South Dakota-licensed wholesaler of tobacco products that purchased products known as "Other Tobacco Products" (OTP). The Department of Revenue determined that the tax was properly assessed for the purchases of OTP. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: January 10, 2024, Case #: 2024SD1, Categories: Commerce, Tax
J. Greer finds that defendant was properly convicted of attempted murder and other charges in connection with a drive-by shooting because circumstantial evidence proved that defendant actively participated in the crimes by driving the SUV at the time of the shooting and by refusing to cooperate with police. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: January 10, 2024, Case #: 21-1185, Categories: Evidence, Murder
J. Hunter finds that attorney Michelle Charles was properly found to be in constructive contempt of court for her failure to appear at a criminal trial on behalf of her client without justification. In this case, the client and 21 witnesses called by the defense were present in court, but attorney Michelle Charles could not be located. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: January 10, 2024, Case #: 55,462-KA, Categories: Civil Procedure, Contempt
J. Swan finds the superior court properly denied defendant's habeas corpus petition after convicting him of first-degree murder and sentencing him to life imprisonment. Defendant's arguments supporting his petition, including that his counsel was ineffective for failing to object to inconsistent statements from two witnesses at his trial and that newly discovered evidence in the form of a witness statement exonerates him, fail, and the court's denial of his petition stands. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: January 10, 2024, Case #: 2024 VI 2, Categories: Habeas, Ineffective Assistance, Murder