56 results for 'judge:"Hixson "'.
J. Hixson finds the circuit court properly terminated the parents' rights to their children based on sufficient evidence. The department was granted a petition for emergency custody and dependency-neglect after the mother tested positive for multiple drugs when giving birth. It then found each parent to be in partial and minimal compliance with the original case plan for reunification. Though certain evidence shows the parents were bonded with the children, the bond is not sufficient to prevent termination. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 24, 2024, Case #: CV-23-785, Categories: Evidence, Family Law, Guardianship
J. Hixson finds the lower court properly convicted defendant of attempted second degree murder, aggravated assault and employment of a firearm during the commission of a dangerous felony when he punched, then shot a man nine times as he was inspecting his car for damage after a crash. Though defendant argues that witness identification of him as the suspect was questionable, the lower court felt otherwise. Evidence is sufficient to support his convictions and effective 20-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: April 22, 2024, Case #: M2022-01644-CCA-R3-CD, Categories: Evidence, Murder, Assault
J. Hixson finds the trial court properly convicted defendant for sexual assault and introducing benzodiazepine into the victim's body. Defendant's ex-wife testified that defendant was watching their children at her home while she worked. She returned home to find her 16-year-old niece, who was not expected to be there, asleep. She said defendant was acting erratically, and that she discovered a plastic bag containing drugs. After defendant left, the niece disclosed the assault, later testing positive for the drug. Substantial evidence supports the conviction. An exception cited by defendant is not applicable to prosecutorial errors involving closing discussion of evidence not presented at trial. No ineffective assistance or court error is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 17, 2024, Case #: CR-23-684, Categories: Drug Offender, Evidence, Sex Offender
J. Hixson finds the circuit court properly revoked defendant's suspended imposition of sentence. Defendant was convicted for failure to support after not making $20,000 in child support payments. He pleaded no contest to charges of nonsupport and fleeing. All evidence supports the conviction. He also did not raise the issue the court failed to provide him with the written terms of his probation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 10, 2024, Case #: CR-23-272, Categories: Probation, Due Process
J. Hixson finds the circuit court properly denied the mother's motion to modify child support. The mother alleges the father had not visited their older children, and that she fully supports them without his help. She says that even though the court granted joint custody, the father had not abided by the order, and should not have the benefit of an offset for his support. The order did not require the father have visitation with the older children, and the mother has not argued there has been any material change in circumstances as required for modification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 3, 2024, Case #: CV-23-192, Categories: Family Law, Guardianship
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Hixson finds the circuit court properly entered certain child support and visitation orders in favor of the ex-husband. After a divorce, the wife remarried and changed states of residence multiple times pursuant to her new husband's transfers with the Navy. The ex-husband's orders for support and visitation were amended with each move. The mother's request to change venue was properly denied because the Arkansas court has exclusive, continuing jurisdiction over the child custody determination. The record does not reflect that the mother's filing the motion in Rhode Island violated any order by the Arkansas court, and the contempt finding against is her reversed. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: March 6, 2024, Case #: CV-22-432, Categories: Family Law, Jurisdiction, Guardianship
J. Hixson finds the county court improperly dismissed the homeowner's breach of contract claim. The customer alleges the painting company failed to complete work on her house in a professional and workmanlike manner, though the company denies it contracted to perform any work for her. Even though the company had filed a motion to dismiss prior to the homeowner's request for a dismissal without prejudice, her request for a nonsuit before submission of the case was absolute and should have been granted. Reversed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: February 28, 2024, Case #: CV-23-85, Categories: Due Process, Contract
J. Hixson finds the trial court properly convicted defendant for second-degree murder and employing a firearm. Officers testified that victim's wife called 911 after her husband ran from defendant's residence, bleeding and exclaiming he had been shot. A neighbor testified to the same events, and the weapon and shell casings were found in defendant's home. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: February 7, 2024, Case #: CR-23-188, Categories: Firearms, Jury, Murder
J. Hixson finds the county court properly found for the medical center. The mother who underwent an emergency c-section brought negligence claims against the doctor after she experienced a surgical wound separation, which was repaired, then, 9 years later, underwent a hiatal hernia repair procedure. No information in the mother's Cameroonian gynecological expert's affidavit would allow one to conclude that he is qualified to testify on the standard of care in performing c-sections in the U.S. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson , Filed On: February 1, 2024, Case #: 120354, Categories: Health Care, International Law, Experts
J. Hixson finds the county court properly terminated the father's parental rights to his minor son. After the child was removed from the mother, the putative father was identified as the same individual previously found in a hotel room with the mother and child during an investigation that yielded boxes of stolen property, meth and drug paraphernalia, all found to be accessible to the child. The child was also treated for burn injuries, the father's explanation for which was inconsistent with the injuries themselves. Ample evidence supports termination and the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 31, 2024, Case #: CV-23-578, Categories: Evidence, Family Law, Guardianship
J. Hixson dismisses this appeal of the circuit court's finding in favor the estate. The decedent's parents say the court improperly ordered them to sell real property described in a warranty deed reserving a life estate and involved in an agreement to transfer a remainder interest in the property to their son. The circuit court awarded damages relating to certain property, but not to other certain property. The appeal is dismissed for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 24, 2024, Case #: CV-23-193, Categories: Property, Wills / Probate, Due Process
J. Hixson finds the circuit court properly revoked defendant���s probation for his guilty plea conviction for first-degree terroristic threatening, sentencing him to serve 60 months��� imprisonment. Defendant failed to report multiple times and had consistently been behind in his payment of fees and fines. Defendant's sentence is within the statutory range, and he fails to adequately present any argument for review. He does not request any relief regarding his claim he is not eligible for a judicial transfer and the court "will not make a party���s argument" for them. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 17, 2024, Case #: CR-23-254, Categories: Probation, Threats, Terrorism
J. Hixson finds the trial court properly found in favor of the adjacent landowner in this property dispute. The ATV recreation park, which leases land from the logging company, has designed riding trails that cross onto the adjacent owner's property, utilizing a road that was previously undisputed. Although the park's managing member testified that he has maintained the road for more than 20 years, the adjacent landowner says he became aware of the park's use of it only within the last two years. The managing member's overt activity did not satisfy the necessary 7-year statutory period for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 10, 2024, Case #: CV-23-39, Categories: Environment, Property, Due Process
J. Hixson finds the trial court properly denied defendant's petition for postconviction relief from his conviction for rape based on sufficient evidence. Defendant's mostly consensual acts with the victim became aggressive, and although the victim told defendant to stop, he partly penetrated her vagina with his fingers and penis. Furthermore, defendant fails to demonstrate prejudice or a reasonable probability his sentence would have been different had his mother testified. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: December 13, 2023, Case #: CR-22-616, Categories: Evidence, Sentencing, Sex Offender
J. Hixson finds the lower court properly revoked defendant���s probation. Defendant pleaded guilty to statutory rape, theft of property, vandalism of property, evading arrest, speeding, running a red light, operating a vehicle with no valid drivers license, and escape. Defendant entered another guilty plea to aggravated domestic assault, domestic assault, domestic vandalism of property, two counts of assault, three counts of failure to provide proof of financial responsibility, two counts of driving on a suspended license, driving on a revoked license, unlawful removal of a registration decal or plate, failing to display a certificate of vehicle registration upon demand, and violating the bumper law. Defendant violated the terms of his probation when he traveled to another state without the permission of his probation officer and was arrested for driving without a license, resisting arrest or obstructing justice, threat of force, driving under the influence with child, and gross, wanton or reckless care for child. The trial court revoked defendant���s probation and ordered him to serve the remainder of his sentence in the Tennessee Department of Corrections. The instant court finds no error in the lower court���s decision and sentencing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: December 1, 2023, Case #: E2023-00261-CCA-R3-CD, Categories: Probation, Sentencing
J. Hixson denies a request to toss employment discrimination claims from a former asylum officer at the San Francisco Asylum office who says he was given poor performance ratings and passed by for promotions due to his race. While the record needs to be fleshed out further to give more context for the discrimination claim, the asylum officer has provided enough evidence at this stage that there was no valid, work-related reason for his bad reviews or for not getting the promotions.
Court: USDC Northern District of California, Judge: Hixson, Filed On: November 22, 2023, Case #: 3:21cv7419, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Hixson finds the trial court properly divided property in a divorce case and awarded the marital home to the wife. Though the husband says the property was jointly owned pursuant to a written agreement, it was not mentioned in the pre-nuptial agreement nor identified in exhibits attached to the agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: November 15, 2023, Case #: CV-22-742, Categories: Evidence, Family Law, Property
J. Hixson finds the trial court properly divided the divorced couple���s assets unequally in favor of the wife. The husband was awarded the home, but ordered to pay the wife the full amount of equity. The trial court fully considered the husband���s extensive assets to be retained after the divorce, including substantial real estate, investments and businesses, as well as his net worth of $32 million. The husband had commingled marital and nonmarital assets, leading the wife to believe she was a partner in his companies. There was evidence that she had been involved in the company���s daily operations and management as well. There is record evidence of the home equity debt reduction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-22-330, Categories: Family Law, Property, Contract
J. Hixson finds the trial court properly entered summary judgment in favor of the car wash owner in this dispute over the sale of several car washes. A settlement agreement was executed by the parties to resolve disputes arising from the seller���s creation of additional companies to effectuate the sale. The purchaser paid himself a $100,000 commission for the project���s closure and withheld this amount from the sale price plus six month���s wages for the seller���s hiring of two of the purchaser���s employees. No party agreed in writing to pay a broker���s commission pursuant to the settlement agreement. The second amended counterclaim alleging contract breach and the third-party complaint contain new and relevant allegations and evidence and the trial court���s dismissal is reversed. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-21-461, Categories: Commerce, Settlements, Contract
J. Hixson finds the lower court properly denied defendant���s motion for a reduced sentence. Defendant pleaded guilty to attempted aggravated kidnapping and aggravated assault and agreed to a six-year sentence to be served incarcerated and to run consecutively to a prior conviction he received in a separate case. Defendant argues he received ineffective assistance of counsel, but he waived his right to argue it when he told the trial court that he was not going to pursue post-conviction relief, only a reduction in his sentence. The instant court finds that the record clearly indicated the defendant's sentences were to run consecutively and that he was aware of it at the time he entered his guilty plea. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: November 3, 2023, Case #: M2023-00112-CCA-R3-CD, Categories: Ineffective Assistance, Sentencing, Plea
J. Hixson finds the lower court properly convicted defendant of first degree murder and possession of a firearm by a convicted felon for shooting a man in a store parking lot after an altercation. While defendant argues his sentence of life without parole to be served consecutively to 30 years for the firearms conviction is excessive, the instant court finds the lower court properly sentenced him as a repeat offender. Affirmed.
Court: Tennessee Court of Appeals, Judge: Hixson, Filed On: October 26, 2023, Case #: W2022-01796-CCA-R3-CD, Categories: Firearms, Murder, Sentencing
J. Hixson finds the trial court properly denied a law firm���s motion to amend the pleadings to conform to the truth in this suit brought on claims that the other firm breached a fee-sharing agreement. The motion to amend could have been requested at various points during the 13-year process of litigation. Though, being it is undisputed that an involved attorney was accommodated with an office at the law firm, instead of denying his unjust enrichment claim because of the finding that there was no enforceable contract, the court should have considered the evidence and decided on the basis of proper standards. Because the court of appeals reverses on direct appeal, it declines to address the other firm���s argument on cross appeal concerning the court���s denial of attorney fees. Affirmed in part on direct appeal. Reversed and remanded in part on direct appeal. Cross appeal dismissed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 25, 2023, Case #: CV-20-213, Categories: Fiduciary Duty, Attorney Fees, Contract
J. Hixson finds the circuit court improperly granted summary judgment to the law firm, finding that the breach of a fee-sharing contract claims brought by the other law firm are barred after an initial case resulted in the court���'s finding that no contract existed. The law firm���s claim that it was entitled to summary judgment on the basis of res judicata is misplaced, as the original suit resulted in the finding that no contract existed. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 25, 2023, Case #: CV-21-276, Categories: Due Process, Attorney Fees, Contract
J. Hixson finds the trial court properly convicted defendant for two counts of sexual assault, sentencing him to two concurrent 10-year prison terms. A victim testified that when she was spending the night at her friend���s trailer, she observed defendant ��� her friend���s mother���s boyfriend, who had been drinking ��� hovering over the friend, who was asleep. She kicked the friend to wake her, and the friend testified that when she woke that she recognized that it was defendant who had undone her bra and lifted her shirt due to the smell of alcohol and cologne he wears. The minors went outside and called the mother several times, who then called police. All evidence supports the conviction. The trial court lacked authority to require Alcohol Anonymous attendance for defendant, and the sentencing order is remanded for correction. Affirmed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 18, 2023, Case #: CR-22-263, Categories: Evidence, Sex Offender, Child Victims
J. Hixson finds the lower court properly convicted defendant of two counts of violation of the Child Protection Act, four counts of rape of a child and two counts of aggravated sexual battery for acts against his wife���s grandchildren. Despite his claims, defendant did not establish that his representation by trial counsel was deficient, and is not entitled to relief. Evidence is sufficient to support his convictions and effective 50-year sentence to be served in the Department of Correction. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: October 6, 2023, Case #: M2022-01347-CCA-R3-PC, Categories: Evidence, Ineffective Assistance, Sex Offender
J. Hixson finds the trial court properly convicted defendant for possession of drug paraphernalia, felon in possession of a firearm and criminal use of a prohibited weapon, sentencing him to consecutive prison terms of six, six, and three years. Defendant tested positive for meth six days before a police search and his wife testified that he is a recreational user. This established that defendant had access to meth. During the search of defendant���s bedroom, the police found used syringes with residue as well as unused syringes in proximity to baggies containing meth. All evidence supports the convictions. The case is remanded to correct clerical errors on the sentencing order. Affirmed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 4, 2023, Case #: CR-23-128, Categories: Drug Offender, Evidence, Firearms
J. Hixson finds the circuit court properly terminated the mother���s parental rights to her two minor children. The department filed a petition for emergency custody and dependency-neglect after the children were verified by protective services to be dirty with mildew and dried feces, covered with infected insect bites, lacking electricity and water, and had been seen outside in the road without supervision. The mother���s arguments for reunification lack merit because she has not made progress with her substance abuse program. The court was presented with ample evidence of potential harm to support the best-interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 4, 2023, Case #: CV-23-243, Categories: Evidence, Family Law, Guardianship
J. Hixson finds that the Arkansas Board of Review properly required the benefits recipient to repay $18,279 in overpaid unemployment benefits. The recipient was found to have been absent from work and failed to properly notify the employer. However, the decision that pandemic assistance benefits must also be repaid is remanded for further proceedings. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 27, 2023, Case #: E-22-344, Categories: Employment, Covid-19, Workers' Compensation
J. Hixson finds that the trial court properly revoked defendant's suspended sentence on his negotiated plea for felony failure to appear and sentenced him to 6 years in prison. Defendant was arrested for possession of crack and theft of property. The arresting officer testified that after receiving a call about a theft at O'Reilly's Auto Parts, he encountered defendant, who matched the description, and found cocaine on his person after a search. Tools stolen from O'Reilly's were later found nearby. The officer saw no other person in the area, and the evidence supports the conviction for theft. The state doesn't need to prove more than one offense, with the standard for revocation being that it is more likely than not that the offense occurred. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 27, 2023, Case #: CR-23-60, Categories: Drug Offender, Probation, Theft