30 results for 'judge:"Henderson"'.
J. Henderson finds the superior court properly ruled that the Copper River Native Association’s (CRNA) member tribes have not waived CRNA’s arm-of-the-tribe immunity. “CRNA’s member tribes use it to deliver tribal healthcare services, a core tribal governmental function necessarily connected to tribal self-governance and autonomy.” Affirmed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: April 26, 2024, Case #: S-17965, Categories: Native Americans
J. Henderson upholds defendant's 120-month sentence for his conviction for conspiracy to distribute more than 280 grams of crack cocaine. Contrary to defendant's claim, the safety valve provision does not support his contention defense counsel should have argued he was eligible for sentencing without considering the statutory minimum. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 20-3083 , Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Henderson upholds a “political operative’s” felony convictions related to his $25,000 contribution to the Trump campaign on behalf of a Russian businessman who had actually paid him $100,000 to attend the fundraiser. The conviction is supported by sufficient evidence and he waived any criminal history objection he had during trial against his within-guidelines, 18-month sentence. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 23-3028 , Categories: Evidence, Sentencing, Conspiracy
J. Henderson upholds the district court's rejection of a Venezuelan-Italian citizen's challenge to the Department of the Treasury's designation of him as a specially designated narcotics trafficker. The department, which based its designation on evidence of the trafficker's laundering of drug money and organization of international cocaine shipments, among other things, gave him proper notice and an opportunity to be heard. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: March 12, 2024, Case #: 23-5036 , Categories: International Law, Due Process
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J. Henderson finds that the superior court properly determined that the winning candidate in a 2022 state legislature election is eligible to serve. Representative Jennifer Armstrong “met the constitutional requirements, including the three-year state residency requirement, for serving in the legislature.” Affirmed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: March 1, 2024, Case #: S-18619, Categories: Elections, Government
J. Henderson finds a lower court properly dismissed a climate activist's challenge to three roadway improvement plans. The climate activist argued that the proposed development would discharge greenhouse gas emissions into the environment. However, the secretary of transport sufficiently showed in court that the roadway plans do not breach environmental impact assessments. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Henderson, Filed On: February 22, 2024, Case #: CA-2023-1482, Categories: Construction, Environment
J. Henderson upholds a 12-month sentence for a protester who was convicted of four misdemeanors in connection with his part in the U.S. Capitol protest on January 6th, 2021. The district court adequately weighed the various factors and the sentence is within guidelines. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: January 5, 2024, Case #: 23-3023 , Categories: Sentencing
J. Henderson denies a city's petition for review of the Federal Energy Regulatory Commission's rejection of a power pool proposal regarding the shifting of electricity-related costs to certain customers. The commission properly concluded the city failed to show the rates are just and reasonable.
Court: DC Circuit, Judge: Henderson, Filed On: January 2, 2024, Case #: 22-1205, Categories: Administrative Law, Energy
J. Henderson certifies a question to the court of appeals concerning a case in which the metro transit authority argues a person who suffered a fatal fall from a train platform was a trespasser, not a passenger, when he fell over the retaining ledge and, therefore, it was not required to render aid. The question of the decedent's status and, thus, the transit authority's duty of care, has no controlling precedent from the D.C. Court of Appeals.
Court: DC Circuit, Judge: Henderson, Filed On: December 29, 2023, Case #: 22-7154 , Categories: Civil Procedure, Tort, Negligence
J. Henderson finds the superior court erred by ruling that defendant, who was held in solitary confinement for 504 days, could not sue the DOC, reasoning that DOC’s conduct was not extreme and outrageous and that the prisoner’s distress was not severe enough to give rise to liability. “Assuming [defendant’s] assertions to be true, we conclude that his emotional distress was sufficiently severe to meet the required threshold for an IIED claim.” Reversed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: December 22, 2023, Case #: S-17941, Categories: Prisoners' Rights
J. Henderson finds the superior court erred by awarding partial attorney fees in a dispute. “The trade associations did not have a sufficient economic incentive to bring their claims…[but[ are qualified, non-prevailing constitutional claimants.” Reversed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: December 1, 2023, Case #: S-18044, Categories: Attorney Fees
J. Henderson finds the lower court erroneously granted the surgeon's motion for summary judgment. He failed to provide evidence his employer had sufficient daily interaction with the state government to render him a state actor under the New Mexico Tort Claims Act. Meanwhile, the claims against the doctor who interpreted the patient's CT scans were properly dismissed for lack of service after the patient failed to explain a 2-year delay between the filing of his complaint and service on the doctor. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: October 26, 2023, Case #: A-1-CA-39628, Categories: Civil Procedure, Government, Medical Malpractice
[Consolidated.] J. Henderson finds defendants' due process rights were violated by delays of two years and eight months, respectively, before their initial duration review hearing could be held, during which time they were forced to abide by conditions of probation even though the state had not met its burden to prove continued probation was necessary. Therefore, the cases will be remanded for new hearings that take into account the due process violations and defendants' eligibility to have probation revoked at the time their initial hearings should have been conducted. Reversed.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: September 18, 2023, Case #: A-1-CA-39291, Categories: Probation, Sex Offender, Due Process
[Consolidated.] J. Henderson finds the trial court erroneously dismissed child abuse by endangerment charges against defendants when they were charged with operating a vehicle while intoxicated with a minor. A prosecutor has discretion to bring both charges when the facts of a case support them. Although the general/specific statutory rule requires a more specific charge be used when two criminal charges conflict, the two in this case have plainly different elements that allowed the prosecution to bring them against both defendants who appealed to this court. Reversed.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: August 21, 2023, Case #: A-1-CA-40129, Categories: Criminal Procedure, Dui, Child Victims
[Consolidated.] J. Henderson denies a solar generation facilities developer's petitions for review of the Federal Energy Regulatory Commission's approval of a transmission service agreement that will apply transmission system upgrade costs to one public utility that will then pass through the charges to the developer. The commission's decision that the costs should be applied to the sole benefitting customer rather than spread among all customers is supported by substantial evidence.
Court: DC Circuit, Judge: Henderson, Filed On: July 28, 2023, Case #: 22-1108 , Categories: Administrative Law, Energy
[Consolidated.] J. Henderson reverses the trial court’s grant of summary judgment to several counties, trade groups and timber companies on their challenges to the president’s expansion of the Cascade-Siskiyou National Monument. The president has the authority to do so under the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act. Reversed.
Court: DC Circuit, Judge: Henderson, Filed On: July 18, 2023, Case #: 20-5008 , Categories: Government, Property
J. Henderson finds the superior court erred in determining a husband’s severance and bonus pay were separate property in a divorce. “The court lacked sufficient information to classify the severance and bonus pay.” Reversed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: July 7, 2023, Case #: S-18242, Categories: Family Law
J. Henderson denies a railroad's petition for review of the Surface Transportation Board's determination that previous corporate-family consolidations did not authorize the railroad to control a certain line. Contrary to the railroad's argument, the board followed regulatory text and structure, and sufficiently explained its reasoning.
Court: DC Circuit, Judge: Henderson, Filed On: June 30, 2023, Case #: 22-1209 , Categories: Administrative Law, Corporations, Transportation
[Consolidated.] J. Henderson grants a labor board's motion for enforcement against a hospital for refusing to bargain with a nurses' union. The board properly counted the ballots, as they were sufficiently signed.
Court: DC Circuit, Judge: Henderson, Filed On: June 13, 2023, Case #: 22-1262 , Categories: Labor / Unions
J. Henderson finds a lower court ruled partially correctly in assessing and awarding damages and fees following a convoluted dispute between an insurance company and its former lawyer that made it to the New Mexico Supreme Court before being remanded again to lower court. While the lower court was right to determine that one party in this case, who “at times act[ed] pro se,” was entitled to attorney fees, it did not correctly follow the Supreme Court’s mandate on damages and “impermissibly awarded compound interest.” Reversed in part.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: June 12, 2023, Case #: A-1-CA-38700, Categories: Damages, Attorney Fees
J. Henderson finds the superior court erred in terminating a father’s parental rights after determining that Children's Services met its due diligence obligation on his claims of Alaska Native heritage and contention that his children are Indian children under the Indian Child Welfare Act (ICWA). “Where there is a reason to know that ICWA applies, the court must confirm, through ‘a report, declaration, or testimony included in the record,’ that OCS used due diligence to identify and notify relevant tribes.” Reversed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: May 12, 2023, Case #: S-18479/18480, Categories: Family Law
J. Henderson finds that a former Guantanamo Bay detainee voluntarily signed a form waiving his right to appellate review, so the court lacks the authority to consider vacating his convictions for war crimes. dismissed.
Court: DC Circuit, Judge: Henderson, Filed On: May 9, 2023, Case #: 21-1218, Categories: Civil Procedure, Civil Rights