2,743 results for 'judge:"Per Curiam"'.
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of murder under circumstances manifesting extreme indifference to the value of human life. Sufficient evidence supports the conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 16, 2024, Case #: 2024ND100, Categories: Evidence, Murder
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Per curiam, the court of appeals for veterans claims dismisses the veteran's appeal of the board's remand of his claims of entitlement to an initial evaluation in excess of 10% for chronic sinusitis. The claims were remanded rather than finally adjudicated. Though the veteran requested review, the court does not have jurisdiction to review a board remand that failed to refer pending claims to the agency of original jurisdiction for initial adjudication.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 15, 2024, Case #: 20-3523, Categories: Health Care, Veterans, Due Process
Per curiam, the appellate division finds that the lower court properly declined to dismiss a negligence suit filed by a visitor who slipped and fell on an improperly waxed floor. Although deposition testimony established that wax was not used on the marble floors and that staff regularly cleaned and inspected the lobby, the visitor raised the possibility that wax residue was present. The janitorial company being sued was clearly responsible to prevent such misapplications. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02677, Categories: Negligence
Per curiam, the Fifth Circuit finds the district court improperly convicted defendant by guilty plea for being an unlawful drug user in possession of a firearm. Police were dispatched in response to a report of a fight involving a firearm. During a search of the residence, officers found multiple stashes of marijuana as well as multiple firearms. Defendant was mirandized but agreed to talk with an ATF agent. Defendant admitted to firearm possession and drug use, though he had a medical marijuana card from New Mexico. The court erred in invoking historical laws disarming dangerous groups to uphold the facial constitutionality of its cited statute. The court relied on several cases but did not scrutinize the analysis done by the courts. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-50525, Categories: Constitution, Drug Offender, Firearms
Per curiam, the appellate division finds that the lower court properly declined to overturn the New York State Division of Housing and Community Renewal's refusal to overturn order of a rent administrator. Although the tenants attested to the importance of elevator operators to the security of the building, eliminating them did not violate city regulations. The landlord has provided an adequate substitute in the form of new employees. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02656, Categories: Administrative Law, Landlord Tenant
Per curiam, the appellate division finds that the lower court properly denied the city's motion to dismiss a personal injury suit stemming from an injury sustained by a cyclist when yellow caution tape became wrapped around her bike's handlebars. Photos support the cyclist's claim that the traffic barrel was clearly visible, but the caution tape tied slackly to the barrel was not visible prior to the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02714, Categories: Tort
Per curiam, the appellate division finds that the lower court improperly dismissed this personal injury suit stemming from a car accident. Issues of fact remain as to whether the defendant driver was at fault in causing the accident, and whether the plaintiff driver sustained a serious injury as a result of the collision. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02718, Categories: Tort, Vehicle
Per curiam, the appellate division finds that the lower court properly denied the property owner's motion to enter a default judgment in a foreclosure action. The lender showed a reasonable excuse for its short delay in answering the complaint based on law office miscommunication. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02722, Categories: Civil Procedure, Foreclosure
[Consolidated.] Per curiam, the appellate court finds that the trial court should have granted the relators' exceptions of no cause of action on the decedent's family's claim for bystander damages after the decedent drowned while being chased by the facility's employees after they observed the decedent tampering with their vehicle. In this case, the family does not show that they observed the drowning or chase. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 24-C-58, Categories: Evidence, Wrongful Death
Per curiam, the appeals court finds the trial court made no error in denying defendant's post-conviction motion alleging ineffective assistance of counsel at his trial on charges including attempted murder. In part because defendant's attorney's "mistaken prediction" about defendant's success at beating the charges against him, among other professional advice, was reasonable given the circumstances, and because defendant himself rejected to plea offers that would have given him a chance at less than a life sentence, his claims fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 22-1140, Categories: Ineffective Assistance, Murder
Per curiam, the appellate division finds that the lower court properly convicted defendant of attempted assault and weapon possession. Although the state failed to disclose a police report in time, defendant failed to show that this actually prejudiced him, especially since defense counsel was aware of the information in the report and was allowed to cross-examine the relevant witness. Defendant had no right to youthful offender treatment sice he was convicted of an armed felony due to firing multiple shots at a person on a busy street. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02675, Categories: Prosecutorial Misconduct, Assault, Weapons
Per curiam, the appellate division finds that attorney Alexander R. Cane must be subjected to reciprocal discipline based on a finding that he committed misconducted toward judges and staff in a New Jersey immigration court. He verbally insulted them in speech and in email, but he also has no formal prior disciplinary record and 30 years of practice helping underrepresented clients. He made an apology and a display of remorse as well, but these do not eliminate the need for discipline.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02668, Categories: Immigration, Attorney Discipline
Per curiam, the appellate division finds that the lower court properly convicted defendant of criminal contempt and witness tampering and sentenced him to up to 14 years in prison. Juror misconduct did not require a mistrial here since there was simply a misunderstanding between two jurors that led one to conclude that the other had conducted outside research about defendant. The state failed to preserve the recording of the 911 call in question, but this was not due to bad faith or any intention to prejudice defendant's case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02673, Categories: Witnesses, Contempt
Per curiam, the appellate division finds that the lower court properly upheld a restraining order that limited former president Donald J. Trump's ability to make public statements about senior prosecutor Matthew Colangelo or Justice Juan Merchan's daughter and prohibited him from responding to statements made by witnesses Michael Cohen and Stormy Daniels. Although litigants maintain their First Amendment rights during litigation, the court did not unduly limit these or fail to consider less restrictive alternatives. Trump's documented tendencies to make statements with immediate, real-world consequences to witnesses poses a significant threat to their willingness to participate fully in the proceedings, which triggered the court's duty to shield them. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02680, Categories: Civil Procedure, Restraining Order
Per curiam, the circuit finds that the district court improperly dismissed a request in which the regional director of the National Labor Relations Board sought temporary injunctive relief concerning Starbucks' alleged unfair labor practices in response to a Buffalo-Rochester regional unionization effort. Starbucks was properly granted limited expedited discovery, but the overbroad subpoenas sought information beyond the Buffalo-Rochester stores. On remand, arguments for and against specific subpoenas should be subjected to closer inspection.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 15, 2024, Case #: 23-1194-cv, Categories: Discovery, Labor / Unions, Injunction
Per curiam, the appellate division finds that the lower court improperly dismissed the patient's medical malpractice claim stemming from the hospital's alleged failure to timely diagnose her preterm labor, resulting in her baby being born with cerebral palsy. The hospital cannot simply assert that its doctors did not deviate from accepted medical practice to avoid liability without making a specific showing of its practices that resulted in the alleged injury. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02712, Categories: Medical Malpractice
Per curiam, the appellate division finds that the lower court improperly dismissed a personal injury suit stemming from a bricklayer's injury while working. The bricklayer was standing on a scaffold when he was struck by several bricks that fell from the roof. The employer's court filings fail to prove the bricks that struck the man fell due to the lack of a safety device. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02716, Categories: Tort
Per curiam, the appellate division finds the lower court properly ruled against the insurer on its claim it is entitled to discovery to recoup defense expenses. This court twice previously held it is obligated to defend the city in the underlying action. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 14, 2024, Case #: 02662, Categories: Insurance, Contract
Per curiam, the Georgia Supreme Court disbars attorney James W. Davis III for intercepting a $3 million payment from an insurance company to a policy holder. The insurer received false wiring instructions directing it to send the funds to the attorney's trust account. The attorney converted his clients' property when he included some client funds from his trust account to partially reimburse the insurer.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: S23Y0622, Categories: Judiciary, Attorney Discipline
Per curiam, the Supreme Judicial Court of New Hampshire reverses an order upholding the determination that two owners of a trailer are not allowed to rent out their travel trailer for short term occupancy. The plain language of the relevant zoning ordinance allows such short-term occupancy rentals. Reversed.
Court: New Hampshire Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: 2023-0189, Categories: Municipal Law, Zoning, Housing
Per curiam, the appellate division finds that the lower court improperly found for the city Department of Education in a tort suit stemming from a student's hand injury in a metal door lacking a doorstop. The Department failed to show it lacked constructive notice of the condition, although it established it did not have actual notice of the alleged defect.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 14, 2024, Case #: 02659, Categories: Tort
Per curiam, the Ninth Circuit denies a petition for a rehearing en banc before the full court after the district court properly denied a preliminary injunction to a nonprofit challenging a land exchange that would allow copper mining to begin on land that Apache Native Americans consider sacred. The opinion, originally filed on March 1, 2024, has been amended and no further petitions will be entertained.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 14, 2024, Case #: 21-15295, Categories: Civil Rights, Property, Native Americans
[Consolidated.] Per curiam, the court of appeals finds that there is no reversible error in the record relating to defendant's conviction and sentence for aggravated assault with a deadly weapon and racing on a highway causing serious bodily injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 14, 2024, Case #: 01-23-00737-CR, Categories: Assault, Vehicle