12 results for 'judge:"Torbitzky"'.
J. Torbitzky finds that the lower court properly convicted defendant of murdering his pregnant wife. The evidence was sufficient to show that he did not kill her in a fit of rage, but planned the killing because he regretted not divorcing her before the pregnancy. In addition, he purchased supplies to clean the murder scene, dispose of the body, and texting her phone as if he didn't know where she was. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 14, 2024, Case #: ED110819, Categories: Intent, Murder
J. Torbitzky finds that the lower court improperly ruled for the chiropractor who broke three of a patient's ribs during a spinal adjustment. It is a disputed issue of material fact regarding whether the chiropractor used excessive force during his treatment, causing the patient's injuries. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 14, 2024, Case #: ED111973, Categories: Medical Malpractice
J. Torbitzky finds that the lower court properly declared the defendant financier the owner of a mobile home park after the purchaser defaulted on his payments. The seller's vendor purchase money lien does not take priority over the financier's first priority lien. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 14, 2024, Case #: ED111690, Categories: Real Estate
J. Torbitzky finds that the lower court properly refused to expunge one criminal conviction, after expunging another. Defendant failed to demonstrate his two convictions were part of the same course of criminal conduct, even if he pleaded guilty in each case and was sentenced on the same day. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 7, 2024, Case #: ED111779, Categories: Criminal Procedure
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J. Torbitzky finds that the lower court properly denied defendant's petition for removal from the Missouri sex offender registry. Defendant is required to register even though his statutory rape conviction occurred prior to 1979, the effective date of the state law, because he is required to register under federal law, which is a separate and independent basis for registration. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: October 24, 2023, Case #: ED111321, Categories: Administrative Law
J. Torbitzky finds that the judge abused her discretion in sustaining the child's motion for joinder of her mother as a necessary party in a suit seeking damages for abuse and harassment at the hands of a man convicted of child sodomy. Even if the daughter's claims are true that her mother directed the man's conduct, the mother is not required as a party for her to claim damages against the man. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: September 19, 2023, Case #: ED111910, Categories: Civil Procedure, Judiciary, Tort
J. Torbitzky finds that the commission improperly affirmed the police department's decision to fire the police officer. The department improperly forced the officer to choose between his employment and his Fifth Amendment rights by retaliating against him for refusing to answer questions about another officer's alleged sexual encounter with a 12-year-old girl in a patrol car. The officer was given immunity for statements made to the department's internal investigator, but understood that there was no such immunity for statements made to the criminal investigator. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: September 5, 2023, Case #: ED111086, Categories: Civil Rights, Constitution, Employment Retaliation
J. Torbitzky finds that the lower court properly convicted defendant of murder despite not instructing the jury on the lesser offense of voluntary manslaughter. The jury specifically found that defendant deliberated before killing his roommates, even if this deliberation was brief, so defendant was not prejudiced by the jury instructions. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: August 8, 2023, Case #: ED110472, Categories: Murder, Manslaughter, Jury Instructions
J. Torbitzky finds that the lower court improperly found the doctor not liable for medical negligence in the delivery of an infant. The infant became stuck in the birth canal and medical techniques used to get him out caused permanent paralysis in the child's right arm. The trial court should not have allowed the doctor's expert to opine that the baby's injuries were simply caused by maternal forces, as the expert was a biomechanical engineer without qualifications to give this kind of opinion. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: July 18, 2023, Case #: ED110991, Categories: Experts, Medical Malpractice