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judge:"Steven Andrews"
court:Florida
topic:"Civil Appeals"
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District court erred in rejecting appellant's Johnson v. U.S., 135 S.Ct. 2551 claim and in denying his motion to correct his sentence because appellant's conviction under 19 Pa.C.S. §2702(a)(1) did not necessarily involve the element of physical force required by Armed Career Criminal Act's elements clause. Vacated and remanded.
The First Amendment of the U.S. Constitution allowed for the imposition of criminal liability upon the defendant based upon his publication of a rap music video containing threatening lyrics. The high court affirmed defendant's judgment of sentence.
In this juvenile court proceeding, the commonwealth's affidavit of probable cause put the juvenile on notice regarding accomplice liability, and the evidence was sufficient to show the juvenile acted in concert with another in connection with an assault.
Mother and her husband established, by clear and convincing evidence, that father had a settled purpose of relinquishing his parental claim to his daughter and refused or failed to perform his parental duties for a period greater than six months, warranting involuntary termination of his parental rights. The court granted mother's petition seeking to terminate father's parental rights.
Summary judgment on qualified immunity grounds reversed where police officer committed acts upon purported sexual assault victim that themselves could constitute indecent assault under state criminal law, and therefore constituted violation of a clearly established right. Summary judgment reversed, case remanded.
Defendants, divorcing wife and attorneys, moved to dismiss plaintiff husband's §1983 civil rights claims asserting deprivation of his due pro-cess and equal protection rights by using an emergency petition for special relief to interfere with his rights in a partnership business he owned with wife and court found that it lacked jurisdiction over any injury caused by the state court judgment and plaintiff's complaint was against private parties and did not allege state action. Motion granted.
The court denied father's motion to modify a custody order to allow the child to change school districts, because the court found the child was performing satisfactorily in her current district and she had already had an individualized educational plan in place there.
District court correctly denied remand in case where insurer of allegedly drunk driver sought contribution from restaurant that served him and restaurant removed the case to federal court but district court erred in holding that insurer was not in the class of parties protected by the dram shop law because insurer actually sought contribution under the Uniform Contribution Among Tort-Feasors Act. Affirmed in part and reversed in part.
Summary judgment dismissal on association disability discrimination claim granted where plaintiff's evidence failed to establish prima facie case that she was terminated for reasons other than the poor financial condition of plaintiff's employer and her department. Defendant's motion for summary judgment granted.
Mother and her paramour satisfied their burden of establishing, by clear and convincing evidence, that father had a settled purpose of relinquishing parental claim to his daughter and refused or failed to perform parental duties for a period greater than six months. The court granted mother's petition to terminate father's parental rights.