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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

United States v. Mohammed

Defendant Taj Mohammed was indicted on federal drug conspiracy charges, including importing heroin and possession with intent to distribute. He filed a motion for a judgment of acquittal under Rule 29, challenging the sufficiency of the government's evidence. The court reviewed the circumstantial evidence, including the receipt of a package containing heroin and an alleged incriminating statement. Finding the evidence insufficient to establish guilt beyond a reasonable doubt, particularly regarding his knowledge and participation in a conspiracy, the court granted the motion for acquittal on all counts. Mohammed was ordered to be released from custody.

Federal Criminal LawDrug ConspiracyJudgment of AcquittalRule 29 FRCPSufficiency of EvidenceCircumstantial EvidenceHeroin TraffickingIntent to DistributePossessionSecond Circuit Court of Appeals
References
13
Case No. 82-00427-01
Regular Panel Decision

People v. Oleksowicz

The People appealed the dismissal of an indictment against Stanley Oleksowicz for criminal facilitation in the fourth degree. The County Court had dismissed the indictment, reasoning that the acquittal of Michael Di Fate, the facilitated person, due to a lack of criminal intent, constituted a legal impediment to Oleksowicz's conviction. The appellate court disagreed, holding that Penal Law § 115.10(2) explicitly states that the prior acquittal of a facilitated person is not a defense to criminal facilitation. Furthermore, the court ruled that collateral estoppel could not be invoked by Oleksowicz as his interests were not directly involved in Di Fate's prior prosecution. The court reversed the dismissal, reinstated the indictment, and remitted the case to the County Court, Westchester County, for further proceedings before a different judge.

Criminal FacilitationAcquittal as DefenseCollateral EstoppelPenal LawIndictment ReinstatementAppellate ReviewCriminal IntentLarcenyLegal Impediment
References
7
Case No. MISSING
Regular Panel Decision
Feb 22, 2001

United States v. Reyes

Defendant Christopher Reyes sought a judgment of acquittal after a jury convicted him of conspiracy to transport stolen airbags in interstate commerce. The District Court, reserving judgment on the Federal Rule of Criminal Procedure 29 motion, reviewed the government's evidence to determine if Reyes' knowing and willful participation in the conspiracy was proven beyond a reasonable doubt. Evidence included testimony from a co-conspirator's employee, recorded phone calls, and an FBI agent's account of post-arrest interrogations. The Court found the evidence insufficient to establish Reyes' specific intent, citing the ambiguity of his statements and the unreliability of the FBI agent's testimony due to inconsistencies and volunteered opinions. Consequently, the defendant's motion for a judgment of acquittal was granted, and the court also commented on proper grand jury procedures and witness testimony.

Criminal LawConspiracyStolen PropertyJudgment of AcquittalRule 29 MotionSufficiency of EvidenceWitness CredibilityFBI TestimonyHearsayGrand Jury Proceedings
References
15
Case No. MISSING
Regular Panel Decision

United States v. Andino

This case involved defendant David Andino, who was charged with conspiring and attempting to commit murder for hire under 18 U.S.C. § 1959(a), and related firearm charges under 18 U.S.C. § 924(c). Andino was accused of helping the drug gang Sex, Money and Murder (SMM) locate and shoot Domingo Osorio in exchange for money. Following a mistrial, Andino renewed his motion for a judgment of acquittal. The court found insufficient evidence to prove that Andino expected or received payment from SMM, as required by the 'murder for hire' provision. Specifically, the prosecution failed to demonstrate that John Castro, who paid Andino, acted on behalf of the SMM enterprise rather than in a personal capacity. Consequently, the court granted Andino's motion for a judgment of acquittal on all charges due to the lack of evidence for an essential element of the crimes.

Murder for HireRacketeeringJudgment of AcquittalInsufficient EvidenceCriminal ConspiracyAttempted MurderDrug TraffickingGang ActivityAgencyPecuniary Benefit
References
6
Case No. ADJ1660035 (AHM 0119085) ADJ3266878 (AHM 0119086) ADJ1011093 (AHM 0119087) ADJ3827451 (AHM 0119088)
Regular
Jan 28, 2010

VISHAL MEHTA vs. VINEERAJINC. Dba SUBWAY SANDWICHES, STATE FARM FIRE \u0026 CASUALTY COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision that found the applicant did not sustain any psychiatric injury arising out of employment. The Board adopted the judge's report, which found the applicant lacked credibility and substantial medical evidence to prove his claim. While the applicant's acquittal in a related criminal matter defeated the defendant's defenses, it did not create a presumption of injury. The judge's report was incorporated by reference as the Board's reasoning for the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportFindings and OrderInjury AOE/COEGood Faith Personnel ActionPost Termination ClaimPsychiatric InjuryTraub v. Board of RetirementRes Judicata
References
1
Case No. 04-14-00256-CR
Regular Panel Decision
Mar 04, 2015

Jeffrey Lee v. State

The appellant, Jeffrey Lee, appeals a judgment of conviction for aggravated robbery. The brief argues that the evidence presented by the State was legally insufficient to prove the appellant was the perpetrator, primarily due to the complainant's and co-worker's failure to identify him in court. Although fingerprints linked to the defendant were found and photo arrays were used, the brief contends that the connection between the photo identification and the in-court defendant was not sufficiently established, leading to an unreasonable inference by the jury. The appellant seeks to reverse the judgment and for a judgment of acquittal.

Aggravated RobberyInsufficient EvidenceIdentificationPhoto ArrayFingerprintsCriminal AppealTexas LawPerpetrator IdentityWitness Testimony
References
10
Case No. MISSING
Regular Panel Decision

United States v. Christian

District Judge Vitaliano denied motions for judgment of acquittal and a new trial from defendants Harvey Christian, Anthony Christian, and Jason Quinn, who were convicted of racketeering, drug trafficking, and firearms offenses. The defendants challenged the sufficiency of the evidence, particularly concerning enterprise membership and individual involvement, and alleged prosecutorial misconduct during trial. The court affirmed the jury's verdict, finding sufficient evidence supported the "Park Hill Enterprise" and the defendants' participation in racketeering acts. It also rejected claims of prosecutorial impropriety and denied a request for a Kastigar hearing, concluding no new trial was warranted.

RacketeeringDrug TraffickingFirearms OffensesMurder in Aid of RacketeeringConspiracyJudgment of AcquittalNew Trial MotionRule 29Rule 33Sufficiency of Evidence
References
40
Case No. MISSING
Regular Panel Decision

United States v. Meislin

Defendant Bonnie Meislin was found guilty of health care fraud and conspiracy. She subsequently filed motions for a new trial under Rule 33 and for a judgment of acquittal under Rule 29. The court denied both motions, affirming the jury's verdict. Key issues included the admissibility of prior bad acts evidence under Rule 404(b) to demonstrate knowledge and intent, the use of Medicare claim summaries, and the propriety of an aiding and abetting instruction. The court found sufficient evidence supported the conviction, emphasizing that the jury could reasonably conclude Meislin knowingly participated in the fraudulent billing scheme.

Health Care FraudConspiracyNew Trial MotionJudgment of AcquittalFederal Rule of Criminal Procedure 33Federal Rule of Criminal Procedure 29Federal Rule of Evidence 404(b)Other Acts EvidenceAiding and AbettingSufficiency of Evidence
References
29
Case No. 2015-1244 N CR NO.
Regular Panel Decision
Sep 14, 2017

People v. Lawrence (Derek)

Derek Lawrence appealed his conviction for sexual abuse in the third degree, stemming from two incidents involving a co-worker. He argued ineffective assistance of counsel, claiming his lawyer failed to present evidence of office dysfunction and an EEOC complaint against the victim. The Appellate Term, Second Department, affirmed the conviction, finding that counsel provided meaningful representation by employing a strategy to impeach the victim's credibility and securing acquittals on three of the four initial charges. The court also deemed the sentence of 90 days incarceration and a $500 fine appropriate, citing Lawrence's prior assault conviction.

Sexual AbuseIneffective Assistance of CounselAppellate ReviewCredibilityTrial StrategySentencingAssaultNonjury TrialProsecutor's InformationSandoval Hearing
References
12
Case No. MISSING
Regular Panel Decision

United States v. Lloyd

Defendant Stephanie Lloyd was convicted of conspiracy to commit robbery, robbery, and brandishing a firearm during a crime of violence after her involvement in planning an armed robbery of the Wyandanch Post Office where she worked. Lloyd intended to be present during the robbery to fraudulently claim worker's compensation benefits. Although the robbery occurred on a different date than planned, and Lloyd was not present, she was found guilty. She subsequently filed motions for a judgment of acquittal and a new trial, arguing insufficient evidence and errors in jury instructions, including the application of Pinkerton liability. The Court denied both motions, affirming the jury's verdict based on the evidence presented and proper legal standards.

Criminal LawConspiracy to Commit RobberyArmed RobberyBrandishing a FirearmJudgment of Acquittal MotionNew Trial MotionFederal Rules of Criminal ProcedureSufficiency of Evidence ReviewWitness Credibility AssessmentPinkerton Doctrine
References
37
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