United States

State v. Dubois - Affirmation of Probation Revocation

The Oregon Court of Appeals affirmed a lower court's decision to revoke Anna Louise Dubois' probation and impose a prison sentence. The defendant argued the trial court abused its discretion by not explaining how her admissions contributed to the revocation decision.

State v. Quirk - Criminal Case

The Oregon Court of Appeals affirmed a conviction for 15 sex crimes against Devin Michael Quirk but remanded the case for resentencing due to a conceded sentencing error. The court rejected the defendant's other assignments of error.

State v. Clark - Criminal Sentencing Appeal

The Oregon Court of Appeals remanded a first-degree arson conviction for resentencing, finding the trial court erred by not considering the defendant's mental health attributes in imposing a mandatory 90-month prison sentence. The court affirmed the conviction but ordered a new sentencing hearing.

City of Portland v. Zurita-Cortes - Criminal Appeal

The Oregon Court of Appeals affirmed the conviction of Alexander Zurita-Cortes in City of Portland v. Zurita-Cortes. The court issued a nonprecedential memorandum opinion, citing previous case law to support its decision.

Dept. of Human Services v. A. A. C. - Juvenile Dependency Case

The Oregon Court of Appeals reversed and remanded the juvenile dependency case of Dept. of Human Services v. A. A. C. The court found that the trial court erred by asserting jurisdiction over the child based on grounds related to only one of the child's two parents. The case was sent back for correction of this defect.

Parker v. Alexander - NY Laws vs NYC Law Preemption

The Second Circuit Court of Appeals has certified a question of New York law to the New York Court of Appeals regarding the preemption of the New York City Victims of Gender-Motivated Violence Protection Law by the state's Child Victims Act and Adult Survivors Act. This decision stems from an appeal concerning claims previously barred by statute of limitations, which were revived under the city law.

Leadenhall Capital Partners LLP v. Advantage Capital Holdings, LLC - Preliminary Injunction Appeal

The Second Circuit Court of Appeals vacated a district court's preliminary injunction that froze the assets of guarantors in a debt collection case. The court found that the lenders had not demonstrated a sufficient legal or equitable interest in the guarantors' assets to justify the freeze, referencing the Supreme Court's decision in Grupo Mexicano De Desarrollo, S.A. v. Alliance Bond Fund, Inc.

Russell v. Scott - Constitutional Rights Violation by Corrections Officer

The Second Circuit Court of Appeals affirmed the denial of qualified immunity to corrections officer Jason Scott in a case alleging sexual abuse of a pretrial detainee. The court clarified the distinct legal standards for Fourteenth Amendment claims by pretrial detainees versus Eighth Amendment claims by convicted prisoners.

Second Circuit Court Opinions for Cases 23-258 and 23-354

The Second Circuit Court of Appeals denied a petition for rehearing en banc in cases 23-258 and 23-354. The denial was accompanied by opinions from judges concurring and dissenting on the decision.

Suarez v. Sullivan - Eighth Amendment Conditions of Confinement and Medical Needs

The Second Circuit Court of Appeals vacated a district court's grant of summary judgment in Suarez v. Sullivan, et al. The court found genuine disputes of material fact regarding the defendants' alleged deliberate indifference to the plaintiff's Eighth Amendment rights concerning conditions of confinement and medical needs. The case is remanded for further proceedings.