37 results for 'judge:"Thomas"'.
J. Thomas finds that trial court properly approved the settlement agreement between the Department of Health and the pharmaceutical student. The student failed to preserve his arguments for appeal and the Department acted within its authority. Affirmed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: May 8, 2024, Case #: 1D2022-2829, Categories: Licensing
J. Thomas finds that the trial court properly convicted defendant of second-degree murder. The state sufficiently proved all elements necessary to support the second-degree classification. Affirmed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: May 8, 2024, Case #: 1D2022-2132, Categories: Murder
J. Thomas finds that the circuit improperly ruled in takings claims contending plaintiffs' property was flooded after the state diverted flood waters to keep roads clear because the court misinterpreted statute as prohibiting plaintiffs from bringing the claim against the state. Reversed.
Court: US Supreme Court, Judge: Thomas, Filed On: April 16, 2024, Case #: 22-913, Categories: Property
J. Thomas vacates a conviction by jury trial for two counts of assaulting a federal officer resulting in bodily injury The district court abused its discretion in excluding the sworn statement of a government attorney as hearsay.
Court: 9th Circuit, Judge: Thomas, Filed On: April 16, 2024, Case #: 22-50217, Categories: Assault
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J. Thomas finds that the district court properly denied a habeas corpus petition in a case in which defendant was sentenced to death after a jury convicted him of murder of one woman and the rape, sodomy and forced oral copulation of another. Defendant claimed that his trial counsel was ineffective for failing to challenge a pathologist's qualifications after he was contracted to perform an autopsy in the matter. Affirmed.
Court: 9th Circuit, Judge: Thomas, Filed On: March 28, 2024, Case #: 20-99011, Categories: Death Penalty, Habeas, Ineffective Assistance
J. Thomas finds that a bankruptcy appellate panel properly affirmed a bankruptcy court’s summary judgment in favor of a judgment creditor in the creditor’s adversary proceeding against two Chapter 7 debtors. Affirmed.
Court: 9th Circuit, Judge: Thomas, Filed On: March 18, 2024, Case #: 23-60017, Categories: Bankruptcy
J. Thomas dismisses a putative securities fraud class action for lack of jurisdiction due to appellant’s lack of standing. An individual filed the action under the Private Securities Litigation Reform Act of 1995, and the district court appointed Public Employees’ Retirement System of Mississippi (PERSM) as lead plaintiff. PERSM filed a first and then second amended complaint, and the district court dismissed for failure to state a claim. PERSM did not appeal.
Court: 9th Circuit, Judge: Thomas , Filed On: October 11, 2023, Case #: 22-15660, Categories: Employment, Securities, Class Action
J. Thomas finds that the district court properly denied serial killer Douglas Clark's habeas corpus petition challenging his California conviction and capital sentence for six counts of first-degree murder. Clark attempted a pro se defense but was found guilty and sentenced to death in 1983. The state court’s decision to consider Clark’s threat to “stand mute” before the jury in light of the record as a whole was not an unreasonable application of a precedent which permits the termination of self-representation when a defendant deliberately engages in serious and obstructionist misconduct. Affirmed.
Court: 9th Circuit, Judge: Thomas, Filed On: October 10, 2023, Case #: 21-99008, Categories: Habeas, Murder
J. Thomas finds the trial court improperly dismissed the complaint brought by the adjacent landowner seeking to recognize an easement through the other owner’s property and to enjoin the other owner from interfering with its use. The court’s order stated that it heard argument and testimony from the parties, specifically stating, “the record showed that the owner bringing suit is already in possession of a recorded easement” and “detailed testimony was also given as to the land in which the recorded access easement covered.” The court erred by not limiting itself strictly to the complaint. Reversed and remanded.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: September 1, 2023, Case #: 1D22-2304, Categories: Property, Due Process
J. Thomas finds that the trial court improperly ruled regarding restitution following defendant's conviction for failure to return leased property because the court failed to base restitution on the fair market value of the equipment. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: July 12, 2023, Case #: 1D22-1185, Categories: Theft, Restitution
J. Thomas finds that the circuit court properly upheld defendant's murder conviction because his right to confront witnesses was not violated by admitting the confession of a non-testifying codefendant. Affirmed.
Court: US Supreme Court, Judge: Thomas, Filed On: June 23, 2023, Case #: 22-196, Categories: Confrontation, Murder