53 results for 'judge:"Lewis "'.
J. Lewis finds a lower court properly dismissed a Bangladesh national's motion to remain in the U.K. The Bangladesh national argued that he is entitled to live in the U.K. based on his tier one highly skilled person. However, the Home Department sufficiently showed in court that he invested in a bogus company that made fraudulent transactions. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: April 25, 2024, Case #: CA-2023-1822, Categories: Immigration
J. Lewis finds the trial court properly convicted defendant for racketeering, conspiracy, assault and battery with a deadly weapon and related charges, sentencing him to 60 years in prison. The court correctly instructed the jury on the elements of racketeering and substantial evidence supports all convictions. Defendant shows no error in any of his 11 contentions, while all sentencing factors were properly considered. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lewis , Filed On: April 18, 2024, Case #: F-2021-485, Categories: Firearms, Conspiracy, Racketeering
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J. Lewis finds that the trial court improperly ruled in part against a university accused of charging application and orientation fees that exceeded the maximum allowed under Florida statutes because the board was entitled to immunity on declaratory judgment claims. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lewis, Filed On: April 3, 2024, Case #: 1D2021-1857, Categories: Education, Immunity, Contract
J. Lewis grants the medical transport service's request for default judgment, awarding it $469,000 in damages and interest. The service subcontracted to provide transport for Veterans Affairs, the company under which it contracted later having a controlling interest obtained by the other party to this suit. This party failed to pay the service after it entered into a new contract with the service. The service has established the new contractor failed to perform under the contract.
Court: USDC South Carolina Aiken, Judge: Lewis , Filed On: March 27, 2024, Case #: 3:21cv2801, NOS: Other Contract - Contract, Categories: Government, Damages, Contract
J. Lewis grants the amusement parks' motion for summary judgment. The inspector whose hand was amputated during an inspection says park employees operated the apparatus at an unsafe speed during inspection, causing the amputation. The inspector has stated he was trained to touch a wire rope, but not told where to position himself, nor of a designated safe operating speed. The injured party has failed to establish duty of care and proximate cause for his negligence claim against the company.
Court: USDC South Carolina Aiken, Judge: Lewis, Filed On: March 25, 2024, Case #: 0:22cv1114, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Lewis finds a lower court properly denied a group of Afghan citizens' motion to remain in the U.K. The Afghan citizens argued that they are entitled to relocation. However, the government sufficiently showed in court that they failed to establish a relationship with a relevant government department and have not made a positive contribution to the U.K. military. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: March 20, 2024, Case #: CA-2023-1534, Categories: Government, Immigration
J. Lewis finds the trial court erroneously denied defendant's motion to suppress evidence obtained from a search of his person. Although police had a warrant to search his residence, he was driving a few blocks away from the property when officers arrived, which rendered their traffic stop and detainment unconstitutional. Defendant was seen leaving his home immediately before he was pulled over, but because there was no suspicion of criminal conduct, officers were not permitted to search him or take his cell phone; therefore, because evidence from the phone permeated the entire trial, defendant's drug trafficking convictions will be vacated and the case remanded. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: March 15, 2024, Case #: 2024-Ohio-981, Categories: Drug Offender, Evidence, Search
J. Montoya-Lewis finds that the lower court improperly found that there was not enough evidence to convict defendant of assault. There was enough evidence on the record that, during a road rage incident, defendant forced another driver to stop and then circled their car with an assault rife. This would be enough for a potential jury to find that defendant was guilty of second-degree assault beyond a reasonable doubt. Reversed.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: February 29, 2024, Case #: 101635-2, Categories: Assault
J. Lewis finds a lower court properly deported a native of Uganda's motion to remain in the U.K. The native of Uganda argued that he was entitled to remain after he was falsely imprisoned in the U.K. However, the government sufficiently showed in court that he is deportable under the U.K. Borders Act for aggravated burglary.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: February 29, 2024, Case #: CA-2023-63, Categories: Civil Rights, Immigration
J. Lewis finds the lower court erroneously denied the grandmother's petition to adopt the children for lack of jurisdiction. The Hague Convention does not apply to the children, who are both lawful permanent residents of the U.S.; therefore, the case must be remanded to allow for proper consideration of the petition. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 23, 2024, Case #: 2024-Ohio-682, Categories: Family Law, Immigration
J. Lewis finds the trial court properly denied defendant's motion to suppress search evidence obtained from a home owned by his father during his trial on drug and weapons charges. The warrant obtained by police was supported by probable cause, including testimony from a confidential informant who observed a large quantity of cocaine inside the residence and the fact that garbage was not routinely taken to the curb for collection despite a significant amount of foot traffic at the property. Meanwhile, defendant's drug and weapons convictions were supported by sufficient evidence, including that he was the primary individual seen going to the home over the course of a two-year investigation, had bills delivered to his name at the address, and was found within arm's reach of a weapon when police executed the search warrant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 9, 2024, Case #: 2024-Ohio-484, Categories: Drug Offender, Evidence, Search
J. Lewis finds a lower court properly dismissed the father of a murdered son's motion for compensation under the Criminal Injuries Compensation Authority. The father argued that he is entitled to a bereavement award after a third partly murdered his son, who was a citizen of Sri Lanka. However, the government sufficiently showed in court that he is not a resident of the U.K., which disqualifies him for relief. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: December 21, 2023, Case #: CA-2022-1937, Categories: Government, Damages
J. Lewis finds that the trial court properly determined the employer's lawsuit against the workers' compensation claims administrator was barred by Georgia's one-year statute of limitations. The employer should have realized the administrator's error regarding its dealings with the wrong insurance company in 2012 when several emails were sent about the potential error and, therefore, the claims did not accrue when the workers' compensation claim was ultimately rejected several years later. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: December 15, 2023, Case #: 2023-Ohio-4562, Categories: Civil Procedure, Insurance, Workers' Compensation
J. Montoya-Lewis finds that the lower court properly found in favor of an owner of a warehouse in a dispute stemming from the death of a man who fell off the warehouse roof while cleaning it. The estate of decedent sued the warehouse owner over his death, but the warehouse fulfilled its duty to decedent by reasonably delegating the duty of care to an independent contractor that had the experience to assume that responsibility. Affirmed.
Court: Washington Supreme Court, Judge: Montoya-Lewis , Filed On: December 7, 2023, Case #: 101176-8, Categories: Wrongful Death
J. Lewis finds a lower court properly dismissed a social housing website operator's request for an extension for information under the Freedom of Information Act. The website owner argued that a local borough violated contempt of court by failing to process his request for certain details of a regeneration road project and its consultants. However, the local borough presented sufficient evidence in court that it is not obligated to comply with his demands based on the cost and the time it would take to process the information. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: November 30, 2023, Case #: CA-2023-224, Categories: Contempt, Government
J. Lewis finds the trial court properly allowed a witness to testify about her encounter with the victim in the immediate aftermath of defendant's assault under the excited utterance hearsay exception. The victim was emotional and visibly shaken when the witness talked to her, while the statement identified defendant as the assailant and was directly related to the assault. Meanwhile, the police officer's testimony that he broke off pursuit of defendant because of high speeds in a residential area and defendant's admission in a phone call he was "going 101" before he crashed and shattered his ankle was sufficient to convict him of failure to comply with the orders of a police officer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: November 3, 2023, Case #: 2023-Ohio-3998, Categories: Evidence, Assault, Vehicle
J. Lewis finds the trial court did not violate the injured driver's right to a fair and impartial jury when it allowed two individuals insured by the same company named as a defendant in the suit to remain on the jury. They not only agreed to remain unbiased, but there was no evidence they had any type of business relationship with the company or that their insurance premiums would increase as a result of a verdict either way. Meanwhile, the jury's award of economic damages to the injured driver must be reversed because no medical bills were submitted as evidence during trial, but were only mentioned by the driver's attorney during closing arguments. Therefore, the case must be remanded for a new trial on damages. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: September 29, 2023, Case #: 2023-Ohio-3507, Categories: Jury, Damages, Negligence