64 results for 'judge:"Welch "'.
J. Welch finds the trial court properly convicted defendant, by no-contest plea, for possession of a firearm by a prohibited person, sentencing him to 6 to 8 years in prison. After responding to an early morning report of gunshots, officers found a bullet in the flat tire of a vehicle involved in the altercation. The gun connected to the bullet was later found in defendant's girlfriend's vehicle during a traffic stop. All sentencing factors were properly considered, including defendant's criminal record and claims of posttraumatic stress disorder. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 23, 2024, Case #: A-23-817, Categories: Evidence, Firearms, Sentencing
J. Welch finds that the lower court properly held that a union unfairly charged a member for legal representation in a labor dispute because the fee policy deprived the member of access to the administrative grievance process. Affirmed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: April 22, 2024, Case #: 162601, Categories: Labor / Unions
J. Welch finds that defendant was properly convicted of molestation of a juvenile, sexual battery and other charges relating to incidents involving his stepdaughter. The testimony of the victim and defendant's statement to police was sufficient evidence that he committed the offenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023KA0993, Categories: Evidence, Sex Offender
J. Welch finds that the trial court improperly granted the estate executor's motion for involuntary dismissal of the decedent's son's opposition to probate a 2020 notarial testament. It was legal error for the trial court to put the initial burden of proof on the decedent's son instead of the executor, so the case is remanded for a new hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023CA0861, Categories: Fraud, Wills / Probate
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J. Welch finds that the lower court improperly denied and dismissed the adult child of the decedent���s petition to probate a notarial testament filed by another party. Legal errors by the lower court ���skewed the fact-finding process.��� Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023 CA 0861, Categories: Wills / Probate
J. Welch finds the district court properly modified custody, parenting time and child support. Though the mother says no evidence shows she failed to cooperatively parent during a conflict involving a child's desire to change schools, she did bring one of the children into custody issues by influencing the child's decision to change schools and by filing a motion to have the child testify at trial. The evidence is sufficient to find a material change in circumstances affecting the children���s best interests. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-088, Categories: Family Law, Guardianship
J. Welch finds the district court properly granted the mother's complaint for modification of child custody and her request to remove the child from Nebraska to Wyoming. Testimony at trial, including from a mental health substance abuse counselor and the child's preschool teacher and daycare director, shows a material change in circumstances related to the father's escalated drinking following the entry of the divorce decree. The short distance of the move and the court���s award of parenting time provides a reasonable visitation schedule for fostering a meaningful relationship between the father and child. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 16, 2024, Case #: A-23-571, Categories: Evidence, Family Law, Guardianship
J. Welch finds the trial court properly modified the custody order granting the father more parenting time. The court properly found the mother interfered with the father and child's relationship, which constituted a change in circumstances affecting the child's best interests. However, the court improperly required the mother to provide support while denying her benefit without showing the source is her own income. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-311, Categories: Family Law, Due Process, Guardianship
J. Welch finds the district court improperly reversed the county court's dismissal of a DUI case. Although defendant requested a continuance to retain counsel, the county court did not advise defendant of the effect of a continuance, and it found that the time from that date to the continued arraignment date was not excludable. The district court reversed this after the state filed a notice of intent to take exception but failed to pay the docket fee. Because the state acknowledged failing to pay the docket fee, the district court lacked subject matter jurisdiction. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-001, Categories: Dui, Speedy Trial, Jurisdiction
J. Welch finds the county court improperly ordered the child's custody should continue with the Department of Health and Human Services. The child was removed due to the mother's history with drugs, as well as her history of relationships with violent men. Although the evidence, including a psychological evaluation of the mother, supports the court's order, the court failed to make written findings as to the mother's history and fitness. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 19, 2024, Case #: A-23-594, Categories: Family Law, Due Process, Guardianship
J. Welch finds the trial court properly convicted defendant for firearm possession. During defendant's probation sentence for convictions on charges of domestic violence, disturbing the peace and criminal trespass, he failed to report for drug testing. The ensuing inquiry yielded information regarding defendant's illegally being in possession of firearms, and a search of his apartment turned up firearms. The search was properly made under conditions of defendant's probation and his motion to suppress was correctly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 12, 2024, Case #: A-23-312, Categories: Firearms, Probation, Search
J. Welch finds the trial court properly, by plea bargain, convicted defendant for theft, attempted failure to appear and false reporting. The victim's stolen car was observed and stopped by officers. Though defendant was a passenger, a search revealed the keys to be in defendant's pocket, and the driver told officers that defendant had picked her up in the borrowed car. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 5, 2024, Case #: A-23-887, Categories: Evidence, Ineffective Assistance, Theft
J. Welch finds the county court improperly denied the inmate's petition for a writ of habeas corpus. Convicted for robbery, the inmate says he has been confined beyond the term of the 10-year mandatory minimum for his 18-to-20-year sentence. Due to a miscalculation of the mandatory minimum release date, the inmate was released 5 years early then rearrested and convicted for four new offenses. He then received a sentence for the new offenses combined with the "dead time" accrued because of the early release. The court of appeals expresses no opinion on the inmate's allegations of over-detention, though it concludes that habeas corpus is the proper procedure for challenging his custody and that the court erroneously dismissed it on the face of the pleadings. Reversed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: February 20, 2024, Case #: A-22-871, Categories: Habeas, Robbery, Sentencing
J. Welch finds the trial court properly convicted defendant for assault on a peace officer based on sufficient evidence. When officers responded to a report by defendant's mother that defendant, who has a history of mental illness, was in an altercation with this brother, an altercation ensured between he and the officers. Defendant was not acting in self-defense, and the court properly found he was a habitual criminal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: February 6, 2024, Case #: A-23-087, Categories: Evidence, Sentencing, Assault
J. Welch finds that the lower court improperly reversed a decision by the Louisiana Department of Environmental Quality to issue fifteen permits to a company for its proposed construction of a chemical manufacturing complex at a site located along the Mississippi River near communities where a majority of the population is Black. The department's decision to issue the permits was not in violation of the Clean Air Act or its "public trust duty." Reversed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: January 19, 2024, Case #: 2023CA0578, Categories: Environment, Property, Agency
J. Welch vacates a judgment that terminated the father's parental rights to his minor children. The record does not show that the father sought to "permanently avoid parental responsibility" and indicates he has recently complied with his case plan, so termination was not in the children's best interests. Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: January 19, 2024, Case #: 2023CJ0655, Categories: Evidence, Family Law
J. Welch finds the county court, sitting as juvenile court, properly terminated the father's parental rights to his two sons. After the children were removed from the mother's home and placed in state custody, the father, who had been incarcerated, moved to intervene. He then failed to adequately make progress on his case plan goals and recommendations to provide permanency. The record also shows he did not have a beneficial relationship with the children at the time of the termination hearing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 16, 2024, Case #: A-23-410, Categories: Evidence, Family Law, Guardianship
J. Welch finds the trial court properly convicted defendant, by guilty plea, for first offense driving during revocation. Defendant was pulled over for speeding and his license plate was found to be fictitious. His driver's license was also found to have been revoked for 3rd offense DUI. Though defendant claimed he was not aware his ignition interlock permit was revoked, the trial court properly imposed a 2-year waiting period before he may have another interlock device installed. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 16, 2024, Case #: A-23-474, Categories: Sentencing, Dui, Vehicle
J. Welch finds the trial court properly convicted defendant for making terroristic threats, firearm possession by a prohibited person, and use of a firearm to commit a felony based on sufficient evidence. The victim, who had briefly dated defendant, testified she recognized his voice when he approached her in a grocery store parking lot, wearing a mask and brandishing a gun, and threatened to kill her. The weapon was found after a chase, pursuant to warrant, and a DNA test matched it with defendant. Though the affidavit supporting the warrant erroneously stated defendant had been convicted for murder, it still contained sufficient facts to support the warrant after the statement was excised. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: January 9, 2024, Case #: A-22-738, Categories: Evidence, Firearms, Terrorism
J. Welch finds the lower court properly divided the marital estate and determined custody, child support and alimony in a divorce case. A financial services firm's statements corroborated the husband's testimony regarding contributions and withdrawals, and the lower court's decision to award the marital property to the wife so the children could remain in the home they had always known did not constitute an abuse of discretion. All evidence supports the court's calculations of assets, as well as the best-interest finding involving the children. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 26, 2023, Case #: A-22-874, Categories: Family Law, Property, Guardianship
J. Welch finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant pled no contest to theft by receiving in the amount of $5,000 or more. Following the dismissal of his first appeal concerning sentencing and ineffective assistance claims, his motion for postconviction relief involving claims of unreasonable search and seizure and due process violations is procedurally barred. Furthermore, he fails to sufficiently allege his ineffective assistance claim. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 26, 2023, Case #: A-22-950, Categories: Constitution, Search, Theft
J. Welch finds the trial court properly convicted defendant for possession of a controlled substance, resisting arrest and child abuse based on sufficient evidence. Defendant's vehicle contained cocaine and marijuana, and, upon a search of the hotel room described by the informant, police found drugs, as well as defendant's brother watching defendant's children and dogs in poor living conditions. Furthermore, evidence of child abuse, as well as that of certain witness testimony, were properly allowed and not prejudicial. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 19, 2023, Case #: A-22-595, Categories: Drug Offender, Evidence, Child Victims
J. Welch finds the district court properly affirmed the county court's denial of defendant's motion to suppress evidence during his DUI case. The arresting officer observed defendant's truck straddling lane dividers and swerving, along with defendant's throwing of cans from the vehicle. There was sufficient evidence justifying the stop, and the arrest is supported by evidence of probable cause. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: December 5, 2023, Case #: A-22-885, Categories: Evidence, Dui
J. Welch finds the trial court properly convicted defendant for refusal to submit to a test, driving under revocation and operating a motor vehicle to avoid arrest. Defendant did not stop for more than 10 blocks when the officer attempted to pull her over for speeding, and was found to have bloodshot eyes and smelled of alcohol while operating under a revoked license. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 28, 2023, Case #: A-23-262, Categories: Evidence, Ineffective Assistance, Dui
J. Welch finds the trial court properly convicted defendant for manslaughter, having caused a traffic accident that resulted in the death of a motorcyclist. The lower court properly denied defendant's motion for postconviction relief based on his claims of counsel's failure to object to the instruction on manslaughter. The prosecution has discretion as to what the charge will be. Furthermore, defendant's proposed addition of the word "proximate" to the jury instruction is irrelevant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 21, 2023, Case #: A-22-976, Categories: Evidence, Manslaughter, Vehicle
J. Welch finds the Worker's Compensation Court properly found the worker sustained a recurrence of a work-related injury occurring during his employment with Walmart, finding Walmart is responsible for medical expenses even though the worker is no longer employed there. Though Walmart agreed to pay for future medical expenses, it did not pay for expenses previous to the recurrence and ample medical evidence was presented as to causation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 14, 2023, Case #: A-23-021, Categories: Tort, Workers' Compensation
J. Welch finds the county court properly denied the father's motion to modify custody, finding the child's best interests were served by the joint custody order with physical custody remaining with the mother. Though the mother is out of town for 54 days per year, she is otherwise a full-time, stay-at-home caregiver. Modification would require the father's custody time to include the child's spending long periods with the father's wife, while the mother has been the primary caregiver throughout the child's life and the child is thriving under the current arrangement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 14, 2023, Case #: A-22-800, Categories: Family Law, Guardianship