219 results for 'filedAt:"2024-02-28"'.
J. Lindsey finds the trial court properly entered a final judgment convicting defendant of violating a domestic violence injunction and sentencing him to 12 months' probation. The trial court did not err in admitting evidence of a window defendant broke on a car that was in his ex-girlfriend's name, which he had been driving on the day in question but the keys for which had been returned to the girlfriend by police, as it established context of the charged violation of the domestic violence injunction and not an uncharged crime as defendant argues. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: February 28, 2024, Case #: 22-1593, Categories: Evidence, Domestic Violence
J. Gordo finds the trial court partially erred in its orders granting the father's motion to dismiss the mother's petition to modify parental responsibility and time sharing and denying the mother's motion for attorney fees. The order granting the father's motion to dismiss is affirmed without discussion, but the attorney fees order is reversed because the trial court did not make any findings regarding the parties' respective abilities to pay. The case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: February 28, 2024, Case #: 22-1938, Categories: Family Law
J. Emas finds the trial court improperly denied defendant's motion for final discharge of three misdemeanor traffic offenses she faced for driving under the influence and driving under the influence causing property damage, which she moved for on speedy-trial grounds. The defendant's filing for writ of prohibition did not effectively delay her trial even if it could be considered an "appeal" under Florida rules of criminal procedure, so it did not trigger the 90-day speedy trial period. Defendant's petition for writ of prohibition is granted, and the case is remanded for the trial court to enter an order of final discharge of the misdemeanor offenses.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-1702, Categories: Criminal Procedure, Dui, Vehicle
J. Ortega finds the trial court erred in admitting the state’s proffered evidence regarding defendant’s gang affiliation. State “failed to meet its burden to establish that it was offering a theory of relevance for the evidence that does not depend on propensity reasoning.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: February 28, 2024, Case #: A174188, Categories: Evidence, Firearms, Assault
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J. Aoyagi finds trial court properly dismissed complaints as time-barred. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179835, Categories: Negligence, Covid-19
J. Joyce finds the trial court properly ruled that videos of events underlying defendant’s conviction were properly authenticated by a witness who “testified that he was at the protests and close to defendant’s truck, the subject of each of the three videos, and he saw it move as depicted in the videos.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 28, 2024, Case #: A179510, Categories: Evidence
Per curiam, the Fourth Circuit upholds the revocation of defendant’s supervised release and his sentence to 35 months’ imprisonment after he was found possessing, with intent to sell or distribute, marijuana. The evidence did not rely on mere hearsay. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 28, 2024, Case #: 22-4596, Categories: Drug Offender, Sentencing
J. Seeger grants a nursing home operator’s motion to dismiss whistleblowing claims brought by an Illinois pharmacy owner, who said the nursing home operator provided patients with medication without prescriptions so it could cash in on Medicare payments. The court finds the government and pharmacy owner have not sufficiently alleged their claim under the False Claim Act, and concludes that their claim under the Controlled Substances Act is not actionable.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 28, 2024, Case #: 1:20cv1169, NOS: Other Statutory Actions - Other Suits, Categories: Medicare, Elder Abuse, False Claims
J. Currault grants requests by the former owners of a bankrupt clinical laboratory, ordering a creditor suing them for fraud to respond with full and complete answers to discovery questions for the owners’ counterclaims. The creditor’s reference to court filings and memoranda are improper. Complaints and briefs are not verified and, therefore, do not provide admissible evidence, unlike a response to an interrogatory.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 28, 2024, Case #: 2:22cv2570, NOS: Other Contract - Contract, Categories: Civil Procedure, Evidence, Discovery
J. Kautz finds that the lower court improperly dismissed claims against the Laramie City Council from a resident who says the council violated the Wyoming Public Meetings Act by holding meetings remotely during Covid-19. The lower court tossed the suit on the grounds that the resident inexcusably delayed his claims that stemmed from activity back in May 2020, but the lower court did not follow the proper procedure for taking judicial notice and its findings were too conclusory. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: February 28, 2024, Case #: S-23-0149, Categories: Government, Covid-19
J. Shepherd finds a lower court properly dismissed a hand sanitizer company's motion for a new trial concerning contract claims against a wholesaler. The hand sanitizer company argued that it was entitled to a new trial after a jury awarded the wholesaler upwards of a million dollars in damages. However, the wholesaler sufficiently showed in court that the hand sanitizer company consistently fluctuated its prices and delayed shipping times, which resulted in a loss of customers. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 28, 2024, Case #: 22-3570, Categories: Jury, Damages, Contract
J. Erickson finds a lower court properly sentenced a defendant to 12 years for imprisonment of a child and life in prison for second- degree murder. The defendant argued that he was provided with inadequate representation after he abused and murdered his girlfriend's 11- month- old toddler, claimed in court that the she died from choking on baby wipes, and then demanded an evidentiary hearing. However, the government sufficiently showed in court that he failed to exhaust his administrative remedies, and that there was "virtually no chance" that he would have obtained an acquittal based on evidence. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 28, 2024, Case #: 23-1182, Categories: Evidence, Murder, Child Victims
J. Arnold finds a lower court properly sentenced a defendant to life in prison for abusive sexual contact with a fourth- grade female child. The defendant, the child's father's stepbrother, argued that his sentence enhancement was unreasonable. However, the government presented sufficient evidence in court that the defendant's sentence is reasonable based on impact statements from his previous victims, one who testified that he forced her to perform oral sex for ice cream, and that he was a "dangerous sex offender against minors." Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: February 28, 2024, Case #: 23-2116, Categories: Evidence, Sex Offender, Child Victims
J. Arnold finds a lower court improperly ruled in favor of a female minor on wage payment claims against her employer. The female minor argued that the mining company reduced her pay for walkaround rights, while paying a higher wage for actual mining activities. However, the cement company she works for sufficiently showed in court that walkaround activities for mine inspections were paid at a lower pay rate. Reversed.
Court: 8th Circuit, Judge: Arnold, Filed On: February 28, 2024, Case #: 23-2213, Categories: Employment, Damages
J. Rudofsky rules against a school parent on first amendment retaliation claims after a school district restricted her visits to a school when audio was leaked from a Moms for Liberty group meeting, where she stated “If I was…any mental issues, they would all be plowed down with a freaking gun by now.” The parent has waived the merits of her case by not responding to the arguments for summary judgment on the claims.
Court: USDC Eastern District of Arkansas , Judge: Rudofsky, Filed On: February 28, 2024, Case #: 4:22cv677, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, First Amendment
Per curiam, the appellate division finds that the lower court improperly denied the third-party's motion to dismiss negligence claims stemming from a man's injury when he fell from the third-party's apartment balcony. The defendant music venue, where the injured man and apartment owner had attended a concert that night, cannot show how the apartment owner could be held liable for its alleged negligence. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 00999, Categories: Tort, Negligence
J. Land finds that the trial court improperly ruled partially in the tenant's favor in a breach of contract and specific performance action against the landlords arising out of a dispute over whether the tenant satisfied the terms of a lease purchase agreement when she sent a letter exercising her right to the option to buy the property. A jury question exists as to whether the landlords waived strict compliance with the notice provision of the purchase option agreement. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 28, 2024, Case #: A23A1772, Categories: Contract
J. Zenoff finds that the lower court improperly granted the state's petition to revoke defendant's pretrial release conditions based on his arrest for meth possession. The state's petition to revoke defendant's probation did not allege that defendant committed a new criminal offense, so defendant was entitled to pretrial release pending the hearing on this petition. Vacated.
Court: Illinois Appellate Court, Judge: Zenoff, Filed On: February 28, 2024, Case #: 231524, Categories: Drug Offender, Bail
[Consolidated.] J. Land finds that the trial court properly dismissed the individual's negligence and medical malpractice action against Publix arising from injuries she suffered after she was prescribed Bactrim, a medication to which she was allergic. The individual failed to provide an expert affidavit from a pharmacist or pharmacologist despite the fact that her theory of negligence implicated Publix's exercise of professional skill and judgment in operating a pharmacy. However, the trial court incorrectly dismissed the individual's claims against the doctor. An expert affidavit provided by another doctor met the statutory requirements because it stated that a supervising doctor should have created a protocol to minimize the risk of a nurse practitioner prescribing an improper drug. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 28, 2024, Case #: A23A1291, Categories: Negligence, Medical Malpractice
J. Vasquez finds that a wife is entitled to innocent spouse relief in this tax deficiency dispute because the wife lacked knowledge of and did not participate in filing joint tax returns.
Court: U.S. Tax Court, Judge: Vasquez, Filed On: February 28, 2024, Case #: 2024-26, Categories: Tax
J. Mooney finds the Board of Parole and Post-Prison Supervision properly declined to reduce defendant’s life sentence for aggravated murder of his wife. The board cited “petitioner’s unwillingness to enter AA or any similar twelve-step recovery program, his continued lack of insight into his crimes and the impact of those crimes on others, and his unwillingness to fully commit to severing his relationship with his daughters.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: February 28, 2024, Case #: A178249, Categories: Murder, Parole, Sentencing