12 results for 'judge:"Kelsey "'.
J. Kelsey grants the defendant's habeas petition and order his early release. A law passed in Virginia's legislature amended the earned-sentence credit program. Under the new early-release program, prisoners with qualifying convictions are eligible to receive credits at a higher rate of up to 15 days of credit for every 30 days served. The amendment specifically excludes those with murder convictions but not attempted murder convictions.
Court: Virginia Supreme Court, Judge: Kelsey , Filed On: April 18, 2024, Case #: 230514, Categories: Habeas, Murder, Sentencing
J. Kelsey finds the lower court improperly granted judgment to the vehicle repair shop. A New Jersey man brought his vintage Mustang to a Virginia repair shop. A friend of the New Jersey man, who lives in Virginia, found the repair work unsatisfactory, and the New Jersey man demanded the repair shop to continue work and delay his retrieval of the car until it was satisfactory. The repair shop, dissatisfied with the amount of complaints, sought to sell the car under the Virginia Abandoned Vehicle Act. The repair shop notified the New Jersey man, as required by the Act, via a letter to his parent's home in Michigan despite having only ever communicated with the customer with telecommunications to sell the car to a third party before the New Jersey man noticed. Reversed.
Court: Virginia Supreme Court, Judge: Kelsey, Filed On: February 15, 2024, Case #: 230115, Categories: Property, Vehicle, Consumer Law
J. Kelsey finds the trial court properly dismissed a wrongful death action brought by the estate of decedent against medical providers. The estate���s personal representative failed to present the claim to the department of financial services within the two years the claim accrued. Affirmed.
Court: Florida Courts Of Appeal, Judge: Kelsey, Filed On: February 14, 2024, Case #: 1D2023-0724, Categories: Due Process, Wrongful Death
J. Kelsey finds the lower court improperly dismissed the French teacher's state constitutional claims for failure to state a cause of action. The teacher was fired after refusing to use a student's preferred pronouns, although he used the student's preferred name. The school board's decision to fire the employee for not participating in compelled speech that went against his religious beliefs fails strict scrutiny. Reversed.
Court: Virginia Supreme Court, Judge: Kelsey , Filed On: December 14, 2023, Case #: 211061 , Categories: Education, Employment, Lgbtq
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J. Kelsey finds the lower court improperly granted the assailant's appeal of a restitution ordered to be paid to the Virginia Department of Medical Assistance Services. The assailant brutally stabbed a victim who could not pay his medical bills, causing the Department to foot the bill. The assailant argued that the victim himself was the only proper payee of a restitution award. And because the victim never had to pay anything, he hadn���t incurred any expenses that could be the subject of a restitution award. The restitution statute means that regardless of whether the victim ultimately had to pay the medical bills, he incurred them, and that���s enough to empower a trial court to require restitution to the entity that ultimately laid out the money. Reversed.
Court: Virginia Supreme Court, Judge: Kelsey, Filed On: November 22, 2023, Case #: 220596, Categories: Assault, Restitution
J. Kelsey finds that although Virginia law requires the city to benefit from the funds left unclaimed by a junior lienor on a property sale, the statute operated in a manner that violated the Constitution of Virginia in this instance. The city sold a man's home ten years after he passed away to recoup property taxes that his descendants hadn't paid. The leftover money from the sale went to two junior lienors, but one never claimed their share. The creditor who accepted his payment had a property interest in the land that���s the subject of the tax sale. In this situation, the statute affects the taking of private property without compensation. Reversed.
Court: Virginia Supreme Court, Judge: Kelsey, Filed On: October 19, 2023, Case #: 210389, Categories: Property, Real Estate, Tax
J. Kelsey finds that the trial court properly found for the homeowners' association in malicious prosecution claims brought after the association pursued a lien for failure to pay dues and assessments because the lot owner, who had been aware of HOA obligations at the time of purchase, failed to demonstrate malice. Affirmed.
Court: Florida Courts Of Appeal, Judge: Kelsey, Filed On: September 27, 2023, Case #: 1D22-573, Categories: Malicious Prosecution, Property
J. Kelsey finds the lower court improperly allowed sanctions against the ex-husband. The ex-husband, who sued his ex-wife on behalf of the company he and his ex-wife own, lost the shareholder-derivative suit but the post-trial sanctions the ex-wife sought are invalid because the judge awarded them over 21 days after entry of the final order. Reversed.
Court: Virginia Supreme Court, Judge: Kelsey, Filed On: July 20, 2023, Case #: 211071 , Categories: Sanctions, Fiduciary Duty
J. Kelsey finds the lower court properly convicted the daughter of abuse and neglect of an incapacitated adult causing serious injury. The daughter allegedly left her 80-year-old mother immobilized on the floor for at least two days before an exterminator rescued her. The severe ulcers on the mother count as a serious injury for the purpose of the conviction.
Court: Virginia Supreme Court, Judge: Kelsey , Filed On: June 29, 2023, Case #: 220223 , Categories: Elder Abuse, Negligence