276 results for 'filedAt:"2024-03-27"'.
Per curiam, the court of criminal appeals reforms a citizen’s murder sentence from death to life after; the trial court properly concluded the citizen has an intellectual disability. The citizen alleges racial bias tainted his conviction and death sentence, the jury engaged in prejudicial misconduct, and he was improperly interrogated for constitutional rights violations. These allegations are dismissed as an abuse of writ, because the citizen fails to satisfy the requirements.
Court: Texas Court of Criminal Appeals, Judge: Per curiam, Filed On: March 27, 2024, Case #: WR-75105-02, Categories: Habeas, Murder
J. Poochigian finds that defendant failed to show that the trial court improperly accepted the state's explanations for its peremptory challenges to three Hispanic jurors in his murder trial. However, his conviction for active gang participation and gang and firearm enhancements to his murder conviction must be reversed under a statute narrowing the definition of gang participation. Reversed in part.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: March 27, 2024, Case #: F080361, Categories: Jury, Murder, Gangs
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J. Tookey finds the Employment Relations Board (ERB) properly dismissed an employee's claim of an unfair labor practice against his employer. The employee failed to raise proper assignments of error. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: March 27, 2024, Case #: A179566, Categories: Labor / Unions
J. Groh adopts the magistrate judge's report and recommendation following remand from the 4th U.S. Circuit Court of Appeals, approving the case as a class action and denying the cross motions for summary judgment. There are material disputes about the vesting of the retiree's life insurance benefits prior to 1984. Given the time the case has been on the docket, and that certain evidence has been destroyed, the court orders the parties to confer to discuss a mutually agreeable adverse inference to be submitted for the court's consideration and to attend another mediation session on or before June 3.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: March 27, 2024, Case #: 5:18cv114, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Erisa, Class Action
J. Kleeh grants the oil and gas service providers' motions to dismiss the whistleblowers' qui tam suit claiming the six companies involved are one interconnected firm with overlapping leadership and organization that share resources, personnel and finances, which should have disqualified them from receiving $13,849,170 in Paycheck Protection Program loans. The whistleblowers failed to provide original source information to the U.S. Department of Justice for consideration of a suit under the False Claims Act, as well as any details of fraud in their amended complaint.
Court: USDC Northern District of West Virginia, Judge: Kleeh , Filed On: March 27, 2024, Case #: 1:23cv1, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Government, False Claims
J. Fitzgerald finds that defendant was properly convicted of second degree murder for the shooting death of a victim during a drug buy. There was sufficient evidence of defendant's "specific intent to kill the victim," and this includes testimony from a witness, detective and the doctor who performed the autopsy of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 27, 2024, Case #: KA-23-484, Categories: Evidence, Murder
J. Anderson affirms the tax court's determination that the affordable-housing charity used its property in furtherance of its charitable purpose by leasing that property to low-income people for personal residence, and that the leases therefore did not alter the property's tax-exempt status. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: March 27, 2024, Case #: A23-0737, Categories: Tax, Housing
J. Clarke finds in favor of the church for its complaint alleging that the city violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) when it forced the church to significantly reduce social services, including meal service, during the Covid-19 pandemic. The city's ordinance violates RLUIPA because it is a land use regulation that inhibits the church's ability to feed the ministry, which is part of the church's religion. The ordinance is not the least restrictive way for the city to exercise its interest.
Court: USDC Oregon, Judge: Clarke, Filed On: March 27, 2024, Case #: 1:22cv156, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Covid-19
J. Thacker finds that the lower court improperly denied the private school's motion to dismiss a student's civil rights suit. A student who suffered from sexual harassment and bullying sought to sue her private Christian school for violating Title IX of the Education Amendments of 1972. A tax exemption is not the same as receiving federal financial assistance, making the school not subject to Title IX. Reversed.
Court: 4th Circuit, Judge: Thacker, Filed On: March 27, 2024, Case #: 23-1453, Categories: Civil Rights, Education, First Amendment
J. Castillo finds the trial court properly denied defendant's petition for resentencing on a second degree murder conviction. He claimed his due process rights were violated because he was not present at the proceeding where his petition was denied. But he was present at a previous hearing that functioned as the statutory resentencing hearing, when the parties were able to submit additional evidence and both parties agreed to submit the matter to the trial court. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: March 27, 2024, Case #: D081369, Categories: Murder, Sentencing, Due Process
J. McGrath finds that the district court properly held that four bills passed in the 2021 legislative session unconstitutionally restrict voter access.
Ending election day voter registration would interfere with the right to vote without efficiently promoting a compelling state interest. Banning paid ballot collection would also interfere with the right to vote, particularly for Native Americans. Disqualifying the use of student IDs from in-person voting would impose a minimal burden on student voting but the Secretary of State failed to show the law reasonably eases administrative burdens or improves voter confidence. Ending the practice of sending ballots to voters under 18 who will turn 18 by election day would impermissibly remove the opportunity for absentee voting for a subclass of voters. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: March 27, 2024, Case #: DA 22-0667, Categories: Constitution, Elections
J. Gravois finds that the trial court properly determined that a patient's request for a medical review panel was prescribed on its face. The evidence shows that the patient had an x-ray in November 2019 that revealed she had healing fractured ribs, and that she should have been on notice as to the potential malpractice at that date. Since the patient did not file her request for a medical review panel within one year of November 2019, her complaint was untimely and prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 27, 2024, Case #: 23-CA-347, Categories: Civil Procedure, Evidence, Medical Malpractice
J. Chehardy finds that the trial court should not have granted the Office of Community Development's exception of no cause of action on a homeowner's claim that the judgment against him contained false information regarding the home elevation grant that was the basis of the suit. The homeowner should have been given an opportunity to amend his complaint to show sufficient relevant facts to support the allegations of fraud or ill practices. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: March 27, 2024, Case #: 23-CA-366, Categories: Civil Procedure, Fraud
J. Johnson finds that the district court should not have granted an insurer's peremptory exception of prescription on a deceased driver's wife's survival action for damages the decedent sustained in a car accident with the insured. In this case, the wife timely filed her survival action within one year of her husband's death. A survival action does not mandate that the offense that caused the injury, in this case the car collision, must have also caused the injured person’s death. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 27, 2024, Case #: 23-CA-374, Categories: Civil Procedure, Insurance