12 results for 'judge:"Vaughan"'.
J. Vaughan finds that the lower court improperly denied the state's petition to deny defendant pretrial release on charges of unlawful possession of a stolen vehicle. The defendant fled from police in the stolen vehicle, driving over spike strips and into oncoming traffic, hitting another car in a head-on collision before stopping. The state was not required to prove defendant was willing to use force necessary to cause great bodily harm. Reversed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: May 8, 2024, Case #: 240231, Categories: Bail, Vehicle
J. Vaughan finds that the lower court properly revoked defendant's pretrial release based on his arrest for disorderly conduct while on release. The record shows that defendant has repeatedly been charged with domestic violence against family members, who are unable to control his mental health or substance abuse issues, and these incidents are escalating in severity making him a danger to others when released. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: April 9, 2024, Case #: 240120, Categories: Bail, Domestic Violence
J. Vaughan finds that the lower court properly granted the state's petition to deny defendant pretrial release after he was charged with home invasion. Defendant has a history of not appearing for court dates, tried to dig out of his cell at the county jail, and asked his girlfriend to research locations that will not extradite him. Further, he remains a threat to the people whose home he entered with a firearm threatening to kill someone. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: December 21, 2023, Case #: 230970, Categories: Assault, Bail
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J. Vaughan denies the social services organization's motion for leave to amend its answer with an affirmative defense of failure to mitigate regarding the chemical dependency nurse's complaint accusing it of firing her for reporting missing controlled substances and over- and under-medicating patients due to improper transcription of orders. The social services organization fails to support its argument that the nurse did not cooperate fully in the discovery process in regards to her post-termination activity.
Court: USDC Western District of Washington, Judge: Vaughan, Filed On: December 5, 2023, Case #: 3:22cv5509, NOS: Labor/Management Relations - Labor, Categories: Employment, Discovery
J. Vaughan denies the chemical dependency nurse's motion to amend her complaint alleging that the social services organization fired her for reporting missing controlled substances and over- and under-medicating patients due to improper transcription of orders. The nurse does not present facts to support her claim that she was fired as a result of her Washington Department of Health complaint, as she filed the DOH complaint after she was fired and thus was not subject to workplace reprisal that would qualify her as a whistleblower under the Washington Health Care Act.
Court: USDC Western District of Washington, Judge: Vaughan, Filed On: October 16, 2023, Case #: 3:22cv5509, NOS: Labor/Management Relations - Labor, Categories: Employment, Whistleblowers, Labor
J. Vaughan finds that the lower court properly convicted defendant on drug charges after denying his motion to suppress statements made during his police interview. Defendant's statement that "I'm not saying nothing right now though" did not clearly invoke his right to remain silent. In context of the whole conversation with police, it expressed his desire to speak off of the record as a condition of his cooperation. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: October 10, 2023, Case #: 180537, Categories: Drug Offender, Evidence, Self Incrimination
J. Vaughan finds that the lower court improperly found the father an abuser and unfit to parent his daughter. The state presented DVD evidence at a dispositional hearing to show the father was an abuser, but allowed the dismissal of all charges of abuse against him at the adjudicatory hearing, where the DVD was inadmissible. Evidence inadmissible at an adjudicatory hearing may not be used to revive previously dismissed allegations at a dispositional hearing. Vacated.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: August 8, 2023, Case #: 230138, Categories: Family Law
J. Vaughan finds that the lower court properly denied the citizens's request for a declaratory judgment that the city's ordinance authorizing fees related to driving infractions that resulted in vehicles being towed was unconstitutional. The towing fee of $400 for a Level 1 infraction and $200 for a Level 2 infraction are not grossly inflated based on the actual cost of impoundment. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: June 20, 2023, Case #: 220542, Categories: Constitution, Municipal Law