19 results for 'judge:"Powell"'.
J. Powell finds the lower court properly determined the originating court lacked jurisdiction. A patient in southwestern Virginia went to a medical center in nearby North Carolina for evaluation and treatment after complaining of a rash. Doctors met with the patient multiple times and communicated with the family via phone when they had inquiries. Despite seeing the patient for a long period, the doctors continued to push off having a biopsy done, allowing his soon-to-be-discovered skin cancer to increase in severity. The emails, text messages, and telephone calls from the North Carolina doctors constituted transacting business for the purpose of exercising longarm jurisdiction. Still, the communications did not qualify activities taking place within Virginia. The actual treatment occurred in North Carolina and the medical center did not maintain a presence or solicit business in Virginia. Affirmed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: May 9, 2024, Case #: 230260, Categories: Jurisdiction, Medical Malpractice
J. Powell finds the lower court properly granted permanent custody of the children to family services. Although one of the children expressed a desire to be reunited with his siblings, the father's incarceration and mother's abandonment of the children for a year during the custody case prevented them from providing a safe and stable home for the children. The mother also refused to complete large portions of her case plan and continued her relationship with the father, despite his social and mental health issues and continued abuse of cocaine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: May 6, 2024, Case #: 2024-Ohio-1732, Categories: Evidence, Family Law
J. Powell finds the lower court properly denied the father's motion to terminate the parents' shared parenting plan and name him sole residential guardian of their child. Although the mother ignored portions of the plan, denied the father parenting time on several occasions and often spoke to the child about the father in a derogatory manner, she attended therapy sessions and made genuine attempts to correct her behavior while maintaining a strong bond with the child, which made it in the child's best interest for the plan to remain in place. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: April 22, 2024, Case #: 2024-Ohio-1519, Categories: Evidence, Family Law
J. Powell finds the lower court properly granted permanent custody of the children to family services. The mother's repeated failed drug tests prevented her from providing a safe home for the children, while her claim the results were from an inhaler was not believable and contradicted by testimony from a lab technician. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: March 25, 2024, Case #: 2024-Ohio-1091, Categories: Evidence, Family Law
J. Powell finds the lower court properly granted the contractor's motion for summary judgment in a contract action. The customer provided no evidence to rebut the contractor's contract claim after he was denied access to the customer's home and the customer refused to pay for any of the work done. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: March 18, 2024, Case #: 2024-Ohio-1002, Categories: Construction, Contract
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J. Powell finds that the lower court improperly dismissed the employees' hostile work environment and aiding and abetting claims against his employer. The employees adequately allege they were subjected to severe discriminatory harassment, and that the employer maintained an effectively racially segregated factory floor. Reversed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: January 30, 2024, Case #: SC100116, Categories: Employment Discrimination
J. Powell denies the prisoner's motion for release due to ineffective counsel. The prison was convicted of several crimes stemming from a home-invasion robbery with aggravated malicious wounding at his wife's boss's house. The prisoner argues his counsel should have argued for insanity rather than involuntary intoxication. Still, the record establishes that trial counsel made a thorough investigation of the law and facts and chose a course of action that they believed had the best chance of success. Affirmed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: December 14, 2023, Case #: 211114 , Categories: Habeas, Ineffective Assistance, Robbery
J. Powell finds that the commission properly awarded the worker partial temporary disability benefits and future medical care after finding he suffered an injury arising from a workplace accident. The court reasonably found that 30% of the worker's pain and suffering was due to the accident which aggravated her pre-existing back condition. Affirmed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: November 21, 2023, Case #: SC10006, Categories: Administrative Law, Workers' Compensation
J. Powell finds the lower court erroneously authorized the component manufacturer's garnishment of a military vehicle production company's bank accounts for unpaid invoices because a financing company held a priority security interest in the accounts. Although the bank deposited the funds with the court, the deposit was temporary and did not extinguish the financing company's interest in the funds, which cannot be used to satisfy the manufacturer's judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: November 6, 2023, Case #: 2023-Ohio-4023, Categories: Damages, Contract
J. Powell finds the trial court properly awarded the wife several properties in Ghana because its decision did not affect the title to any of the properties; rather, the court concluded the properties were marital assets acquired by the husband during the parties' marriage, and it could, therefore, allocate them to either party. Meanwhile, the trial court properly determined the value of the Ghanian assets because there was no publicly available valuation information and the only evidence submitted to the court was professional appraisals from the wife's expert witnesses, which the husband failed to rebut. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: September 18, 2023, Case #: 2023-Ohio-3293, Categories: Family Law, Damages, Jurisdiction
J. Powell grants the defendant's petition for a writ prohibiting the lower court from taking any further action in a pending criminal case accusing him of rape. The state waived any argument that defendant failed to properly invoke his speedy trial rights, so the Interstate Agreement on Detainers mandates the dismissal of his case after the court failed to conduct a trial within 180 days of his request. Affirmed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: August 29, 2023, Case #: SC99949, Categories: Sex Offender, Speedy Trial
J. Powell finds that the lower court improperly exceeded its authority by refusing to transfer venue to St. Louis County as requested by Monsanto as to six of 82 plaintiffs in this lawsuit seeking monetary damages due to their exposure to Roundup. Transfer is appropriate based on the plaintiffs’ principal place of residence at the time of the injury. Reversed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: August 15, 2023, Case #: SC99942, Categories: Product Liability, Venue
J. Powell finds the trial court properly instructed the jury on defendant's flight from the scene of the crime during his assault of a peace officer and tampering case. Although he claimed his decision to run after shooting the police officer had to do with his weapons disability - not the crimes with which he was charged - it was up to the jury to determine whether his flight was evidence of his consciousness of guilt. Meanwhile, the trial court properly denied defendant's motion for a new trial based on comments made by the prosecution during closing arguments because the attorney's recitation of the standard for recklessness was correct and did not mislead the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: August 14, 2023, Case #: 2023-Ohio-2817, Categories: Firearms, Assault, Jury Instructions
J. Powell finds the trial court properly denied defendant's motion to exclude voice identification evidence during his robbery trial. The detective who testified was familiar with defendant's voice, having interviewed him for more than 90 minutes in a separate criminal case years before; therefore, the evidence was properly authenticated and the jury was free to use it as a means of identification. Furthermore, defendant's robbery conviction was not against the weight of the evidence, as he fit the description of the suspect who used a car registered to his mother as a getaway vehicle, and his cell phone indicated he was in the area of the crime at the time it was committed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: July 31, 2023, Case #: 2023-Ohio-2632, Categories: Evidence, Robbery, Identification
J. Powell finds the Department of Corrections improperly determined the prisoner's convictions for attempted aggravated murder rendered him ineligible for expanded earned sentence credits. Attempted aggravated murder is not one of the specifically enumerated offenses ineligible for expanded earned sentence credits under the statute. Reversed.
Court: Virginia Supreme Court, Judge: Powell , Filed On: July 6, 2023, Case #: 220665 , Categories: Murder, Sentencing
J. Powell finds that the lower court properly convicted defendant of sodomy, incent, and child molestation. Although multiple acts of abuse were introduced at trial, the nature of the evidence minimized any risk that the jury did not substantially agree to the same acts described in the jury instructions to support the verdicts. Affirmed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: June 13, 2023, Case #: SC99554, Categories: Sex Offender, Child Victims, Jury Instructions
J. Powell finds the lower court improperly granted a writ of mandamus requiring the city to provide documents to the former firefighter fired for making a racist remark. The code does not require the city to furnish documents to a grievant if it does not intend to use those documents in the grievance proceeding. Reversed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: June 8, 2023, Case #: 210988, Categories: Employment, Public Record