31 results for 'judge:"Stephens"'.
J. Stephens finds that the trial court properly denied plaintiff gas companies' motion to strike the competition claims asserted by defendant gas companies in its reconventional demand on the petition seeking declaratory judgment that the defendants may not, without approval, locate proposed pipeline crossings across properties covered by plaintiffs' own pipeline right-of-way servitudes. In this case, the reconventional demand does not implicate the state's anti-SLAPP law and is a dispute regarding the interpretation of Louisiana’s property law involving private parties. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: May 15, 2024, Case #: 55,900-CA, Categories: Unfair Competition, Contract
J. Davies finds a lower court improperly ruled in favor of a property owner on nuisance claims against a local borough. The property owner argued that the local borough failed to prevent Japanese knotweed from infiltrating on his land. However, the local bureau sufficiently showed in court that the Japanese knotweed was present before the property owner acquired the acreage.
Court: Supreme Court of the United Kingdom, Judge: Stephens , Filed On: May 8, 2024, Case #: 2024-UKSC-15, Categories: Property, Damages
J. Stephens finds that the lower court properly found that the Benton County Water Conservancy Board does not have the standing to challenge a policy from the state Department of Ecology that governs the division of water rights. The board has not been able to show that it suffered any injury after the department refused to accept proposed division forms under the policy, and its interests would not be redressed if the challenged policy were tossed. The board lacks all standing to challenge it as a result. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: April 11, 2024, Case #: 101838-0, Categories: Environment, Water
J. Stephens finds that the trial court properly determined that a property had been acquired by plaintiff through ten-year good faith acquisitive prescription. In this case, the predecessor lived on the property, and it was reasonable for her to believe that her parents owned the property in 1972 when they conveyed it to her and her husband since the public records show her parents acquired the property by recorded deed from the husband of the owner, and the parents assumed a mortgage on the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,475-CA, Categories: Evidence, Property
J. Stephens finds that the trial court should not have denied a bank's motion for partial summary judgment in its action to collect on a deficiency
judgment from a commercial guarantor for the principal debtor. Although the guarantor cannot recall signing his name executing the guaranty, his attempted evasion acknowledges his signing the document. Further, a comparison of the guarantor's alleged signature on the commercial guaranty to the signatures on his affidavit and notification of termination "appear to be the same." Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,533-CW, Categories: Banking / Lending, Contract
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J. Stephens finds that the trial court should not have increased the husband's spousal support obligation. In this case, the original $400 per month spousal support award, in conjunction with the wife's means of support in operating her own cleaning business, is enough to meet her “maintenance” expenses. Further, the husband's increase in hourly income is not a change in circumstances justifying an increase in spousal support. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,501-CA, Categories: Evidence, Family Law
J. Anderson finds that defendant was properly convicted of the second degree murders of his ex-girlfriend and her friend. In this case, there was testimony from witnesses that the girlfriend's dying declaration indicated defendant shot her. Also, the phone records show many missed calls from defendant to the girlfriend before the shooting after he saw her earlier in the day, and the accident reconstruction expert testified as to the matching up of the damage to defendant's car with that of the victims' car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,550-KA, Categories: Evidence, Murder
J. Stephens finds that the lower court improperly reversed defendant's murder conviction. The lower court found that because the state wrongfully delayed bringing charges against defendant, the resulting loss of key witness testimony violated defendant's due process rights. While the state was negligent in its delay, there is no proof that that defendant suffered any prejudice from the loss of witness testimony. Reversed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: March 28, 2024, Case #: 101502-0, Categories: Murder, Speedy Trial, Due Process
J. Stephens finds that the lower court improperly determined the tax assessments against telecommunications carriers. The lower court determined that funds coming from the federal Lifeline program are subject to Washington's retail sales tax, finding that because the tax burden on the federal government was indirect, the assessments were legal. But this ignores that fact that the nonprofit appointed to administer the funds acts as an "instrumentality of the federal government." As a result, the assessments violate the intergovernmental tax immunity doctrine. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: March 7, 2024, Case #: 101873-8, Categories: Government, Tax
J. Stephens finds that the trial court properly found for an insurer on an insured's claim that the insurer did not make full payment to cover roof damages sustained during a hurricane. The record shows that the insurer properly compensated the insured for the damages to her home by providing the full replacement cost value, even though the repairs to her home are incomplete. Although the insured is unsatisfied with the contractor's work on the house, the insurer has fulfilled its obligations. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: February 28, 2024, Case #: 55,381-CA, Categories: Insurance, Contract
J. Stephens finds that defendant should not have been convicted of possession of a firearm by a convicted felon. The state did not show that defendant's prior conviction for third offense domestic abuse battery could prohibit him from possessing a firearm because that offense is not enumerated as one of the “crimes of violence” under statute. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: February 28, 2024, Case #: 55,449-KA, Categories: Evidence, Firearms
J. Stephens finds that defendant was properly sentenced to 50 years at hard labor with the benefit of the possibility of parole eligibility after 25 years on his guilty plea to attempted second degree murder. Defendant acknowledged in the plea that he could receive the maximum sentence for attempted second degree murder. Further, defendant received a substantial benefit from his plea agreement when the state dismissed the counts for attempted second degree murder and conspiracy. Also, defendant intentionally fired his weapon at multiple targets in an unprovoked attack that wounded one victim and led to the death of another. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens , Filed On: January 10, 2024, Case #: 55,382-KA, Categories: Murder, Plea
J. Stephens finds that defendant was properly convicted of armed robbery of a liquor store. There was surveillance footage of the liquor store robbery showing that the perpetrator was dressed similarly to defendant in his commission of another robbery. Additionally, DNA evidence connected defendant to both of the robberies. Further, defendant was properly sentenced to 35 years on each robbery charge, with a five year firearm enhancement. The sentences were midrange, and both robberies involved several victims and created a serious danger to the victims because of his use of a gun. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,443-KA, Categories: Evidence, Robbery, Sentencing
J. Stephens dismisses a homeowner's claim against an inspector after her attic caught on fire shortly after insulation work was done on her home. In this case, the inspector presented evidence that it was not the contractor that performed the insulation work or any physical work on the property and only performed a pre- and post-inspection of the home to determine qualification for a weatherization program. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,305-CW, Categories: Evidence, Contract
J. Stephens finds that the trial court should not have denied a casino's motion for summary judgment on a patron's claim that she was injured when a drunk man fell on her. The patron does not show that the casino was aware that the drunk man was a threat before the accident, and there was no evidence that other patrons had asked for the man to be escorted from the casino. Further, the patron does not show that the casino did something to cause her injuries other than serving alcohol to the man. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,239-CW, Categories: Evidence, Negligence
J. Stephens finds that the trial court should not have entered a default judgment in favor of the plaintiff company on the claim that a trucking company had wrongfully stopped payment on a check for automotive services rendered. The submitted documents, including written estimates and unsigned invoices, do not establish the amount sought, and the plaintiff company did not submit an itemized statement of account or invoices. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,404-CA, Categories: Evidence, Contract
J. Stephens finds that the trial court should not have denied a husband's petition for revocation of the acknowledgments of paternity to his wife's children. The husband's right to rescind his acknowledgments has not expired since it is imprescriptible by nature. In this case, the father did not adopt the children, and if he can show that he is not the father of the children, his right to annul his acknowledgment of paternity has not been perempted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: December 20, 2023, Case #: 55,358-CA, Categories: Civil Procedure, Family Law
J. Stephens finds that the trial court should not have denied defendant's motion to quash the bill of indictment charging him, a police deputy, with malfeasance in office. In this case, defendant handcuffed a homeowner after they gave consent to search his property but then became belligerent and began to yell at defendant. Under case law and the state constitution, there is no affirmative duty specific enough to place a public officer on notice that handcuffing a person for officer safety during a consensual search would result in a charge of malfeasance in office because the ambiguous belligerent yelling revoked consent. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: December 6, 2023, Case #: 55,213-KW, Categories: Criminal Procedure, Negligence
J. Stephens finds that the trial court should not have dismissed a non-biological father's petition for revocation of the acknowledgments of paternity. In this case, the non-biological father did not adopt the children, and there is no prescriptive period for filing an action to rescind an acknowledgment of paternity. Therefore, if the non-biological father can show that he is not the father of the children, his right to annul his acknowledgment of paternity has not been perempted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: December 6, 2023, Case #: 55,358-CA, Categories: Evidence, Family Law
J. Stephens finds that the workers' compensation judge properly denied a worker's claim that he experienced a sudden onset of pain in both hands and wrists while lifting carts off pallets at work. The worker did not introduce expert medical testimony in the form of properly certified medical records or any evidence which showed he was disabled from CTS or his cervical spinal condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: November 15, 2023, Case #: 55,313-WCA, Categories: Evidence, Workers' Compensation
J. Stephens finds that the trial court properly granted medical providers' exception of prematurity on the decedent's family's medical malpractice claims. In this case, the family's negligence claims are properly before the medical review panel and cannot be amended to allege intentional torts on the part of the medical providers. Further, the family's custodial claims regarding dignity-type damages arising from negligent diapering may be sought without first being submitted to the medical review panel. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: November 15, 2023, Case #: 55,264-CA, Categories: Evidence, Medical Malpractice
J. Stephens finds that defendant was properly convicted of second degree murder. Defendant's motion to suppress statements made to the police without being read his Miranda rights was correctly denied because he was not arrested or restrained at the time he made his statement. The evidence shows that defendant voluntarily rode in a police vehicle to the station for questioning as a witness to the crime and was not treated any differently than the other witnesses brought in to give a statement. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: November 15, 2023, Case #: 55,315-KA, Categories: Miranda, Murder
J. Stephens finds that defendant was properly convicted of two counts of attempted second degree murder. Defendant, who refused the assistance of counsel, has not supported any of his claims of forged transcripts and changed witness testimony with any evidence. Further, although the state improperly asked a victim whether he was aware of defendant's conviction for domestic abuse battery, defendant did not contemporaneously move for a mistrial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: November 8, 2023, Case #: 54,510-KA, Categories: Evidence, Murder
J. Stephens finds that defendant was properly sentenced to 60 years on his guilty plea to manslaughter and obstruction of justice. The trial court took defendant's lengthy criminal history into consideration as well as the deliberate cruelty of stabbing the victim, whom he had been raised with, in the chest with a knife. Further, the PSI showed that defendant would have been considered a fourth felony offender and would have been exposed to the possibility of a life sentence if sentenced as a habitual offender. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,265-KA, Categories: Obstruction, Manslaughter
J. Stephens finds that defendant was properly convicted of second degree battery. The victim identified defendant in a photo lineup six days
after the shooting and again at trial as the person who shot him. The victim stated he was “one hundred percent” sure that defendant shot him and testified to the verbal exchange between himself and defendant, and that, although the parking lot was dark, he was able to see defendant as the driver of the vehicle. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,275-KA, Categories: Evidence, Sentencing, Battery
J. Stephens finds that the trial court should not have denied an insurer's motion for summary judgment on a claim by the insured homeowner who was run over by a painting employee who was driving to the home to perform work. In this case, the insurance policy was for the purpose of the insured's employer's covered vehicles, and it is undisputed that the insured was not using any automobile at the time of the accident. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,136-CW, Categories: Evidence, Insurance, Contract
J. Stephens finds that the trial court properly convicted defendant of manslaughter, attempted kidnapping and armed robbery with use of a firearm. The trial court sentenced defendant to a total of 190 years at hard labor. The sentence was comprised of multiple consecutive sentences for defendant's convictions. Defendant's four sentences for the kidnapping counts are vacated because the trial court failed to set a specific, determined term for the restriction from benefits like probation and parole. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: August 9, 2023, Case #: 55,172-KA, Categories: Sentencing, Kidnapping, Manslaughter
J. Stephens finds that the trial court improperly dismissed the wife's injunctive relief action seeking an order requiring the brokerage to transfer the assets of investment accounts registered in her husband's name into new accounts in her name. Powers of attorney executed by the husband in the months before his death were unambiguous and authorized the wife to transfer the assets in the investment accounts into new accounts. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: August 9, 2023, Case #: 55,115-CA, Categories: Injunction
J. Stephens finds that the lower court properly convicted defendant of domestic violence. Defendant's main issue on appeal is the diversity of his jury, with defendant going so far as to ask the court to adopt a new test under the law in which a defendant can show evidence of a constitutional violation by showing a "comparative disparity level of 20% or more in a single jury venire." While it's noted that jury diversity is surely lacking in Washington state and that more can be done on the issue, defendant has not shown in this case that the state constitution requires this new proposed test. Under the current framework, the lower court fulfilled its "constitutional minimums" during jury selection. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: August 3, 2023, Case #: 100922-4, Categories: Jury, Domestic Violence
J. Stephens finds a lower court properly dismissed a police officer's claim for self- defense concerning the shooting death of a civilian, who may have been plotting to steal a luxury car. The police officer argued that the suspect posed a "lethal threat" by operating a vehicle while allegedly armed with weapons. However, the police officer faces gross misconduct allegations for shooting the suspect, who was armed with a "imitation firearm." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stephens, Filed On: July 5, 2023, Case #: 23UKSC24, Categories: Evidence, Wrongful Death