759 results for 'cat:"Assault"'.
J. Smith denies Marriott's motion to dismiss the negligent hiring and supervision claims. The former employee alleges her supervisor sexually assaulted her at a social gathering by drugging her drink and raping her while she was unconscious. Though Marriott says the alleged assault occurred outside of work and was committed by an employee with no record of violence, the supervisor had previously resigned under allegations of sexual assault and was later rehired under the assumption that he "had grown up." The issue of whether the conduct was foreseeable considering his prior sexual harassment is a fact question that cannot be determined at this stage.
Court: USDC Rhode Island, Judge: Smith , Filed On: May 17, 2024, Case #: 1:23cv487, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Negligence, assault
Per curiam, the appellate division finds that the lower court properly convicted defendant of attempted assault and weapon possession. Although the state failed to disclose a police report in time, defendant failed to show that this actually prejudiced him, especially since defense counsel was aware of the information in the report and was allowed to cross-examine the relevant witness. Defendant had no right to youthful offender treatment sice he was convicted of an armed felony due to firing multiple shots at a person on a busy street. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02675, Categories: Prosecutorial Misconduct, assault, Weapons
J. Kamins finds the post-conviction court properly denied relief to defendant after he claimed the state did not prove the “dangerous weapon” element of first-degree assault. “So long as a person uses an object in a manner that makes it readily capable of causing serious physical injury, the object qualifies as a dangerous weapon.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A178930, Categories: Ineffective Assistance, assault, Weapons
J. Mercier finds that the trial court properly convicted defendant of aggravated assault, burglary, battery, theft by taking and a firearm offense. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant entered one victim's home without permission, hid in a closet until both victims returned and confronted them with a gun belonging to one victim. The trial court correctly admitted into evidence text messages between the surviving victim and the deceased victim. The evidence was admitted under the residual exception to the rule against hearsay. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 15, 2024, Case #: A24A0568, Categories: Burglary, assault, Battery
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J. Pirtle finds the trial court properly convicted defendant for negligent child abuse. Defendant's 15-year-old daughter testified her father whipped her on the backs of her legs with a phone charging cord after she refused to give him her phone out of fear he might break it like he had done before. During the altercation and the daughter's attempts to escape, the father also punched her in the face and sexually assaulted her. Sufficient evidence, including family testimony and the consistency of the victim's injuries, supports the conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 14, 2024, Case #: A-23-255, Categories: Evidence, assault, Child Victims
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officers found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence, as required by statute. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: Sentencing, assault, Weapons
J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault and a firearm offense. Although defendant was acquitted of the aggravated assault of one victim, his convictions for the murder and aggravated assault of a second victim and the aggravated assault of a third victim did not render the verdicts repugnant. The jury did not make an affirmative finding that defendant did not fire his gun at the victims' car. Defendant's trial counsel did not perform deficiently in failing to move to suppress evidence of defendant's phone records. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: May 14, 2024, Case #: S24A0528, Categories: Ineffective Assistance, Murder, assault
[Consolidated.] Per curiam, the court of appeals finds that there is no reversible error in the record relating to defendant's conviction and sentence for aggravated assault with a deadly weapon and racing on a highway causing serious bodily injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 14, 2024, Case #: 01-23-00737-CR, Categories: assault, Vehicle
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officer found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence as required by statute. This part of the sentencing order is vacated. Affirmed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: Sentencing, assault, Weapons
[Consolidated.] J. Moore finds the trial court properly convicted defendant by plea agreement for violating a protection order, domestic assault, child abuse and stalking. Officers were dispatched to the victim's residence on the same day the protection order had been entered. The victim reported defendant had punched her in the face, kicked her in the abdomen and taken their toddler son. Officers found defendant on the back porch, in 9-degree weather, holding the undressed child. No evidence shows the court failed to consider all well-established factors and applicable principles in sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 14, 2024, Case #: A-23-904, Categories: assault, Restraining Order, Child Victims
J. McKinnon finds that defendant was not entitled to a mental health evaluation before he pleaded guilty for aggravated assault and attempted sexual assault since the record shows the plea was knowingly and voluntarily entered. His double jeopardy rights were not violated since the two offenses do not share the elements of sexual contact and serious bodily injury. But the trial court must revisit his ability to pay jury costs and the fee for a presentence investigation report. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: May 14, 2024, Case #: DA 21-0571, Categories: assault, Double Jeopardy, Plea
J. Henderson finds the trial court erroneously granted defendant's motion to suppress and dismissed the criminal case against him. Even if the arresting officer lacked probable cause to seize defendant when he arrived at the scene of an alleged fight, he identified himself as a police officer when he pursued defendant, which rendered his subsequent resist and assault "new criminal activity" that supported the arrest. Reversed.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: May 13, 2024, Case #: A-1-CA-40595, Categories: Search, assault
J. Gleason denies in part the government's motion for summary judgment regarding a museum head of security's allegations that a homeland security officer harassed her, stalked her and sexually assaulted her on two separate occasions. She then contacted police to get a protective order against the officer. The officer was later indicted on seven counts of sexual assault of three other women. The head of security alleges that the government negligently hired, trained and supervised the officer. A genuine dispute of a material fact exists as to whether the officer was acting within the scope of his employment during the alleged assaults. The head of security has sufficiently alleged that the officer was stalking her while on duty, as he texted her that he was directing traffic when he saw her outside her office. Photos indicate that the officer was armed when he assaulted her. The harassment claim also continues.
Court: USDC Alaska, Judge: Gleason, Filed On: May 13, 2024, Case #: 3:20cv210, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, assault
Per curiam, the Vermont Supreme Court finds the trial court properly convicted the defendant of aggravated assault with a deadly weapon after a jury trial. The defendant appeals the conviction alleging the state failed to give proper jury instruction to prove beyond a reasonable doubt he acted with the requisite intent. The evidence was sufficient to show the jury that the defendant did commit the crime on purpose and knowingly cause injury. Therefore, there was no error found in the jury instructions. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-339, Categories: assault, Weapons, Jury Instructions
J. Christensen finds that defendant was properly convicted of robbery, theft, and other charges after he assaulted a husband and wife in their home while impersonating a police officer in order to steal $50,000 from their safe. Defendant committed two separate thefts, as the money belonged separately to both the husband and wife. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: May 10, 2024, Case #: 22-2100, Categories: Robbery, Theft, assault
J. Beam finds the trial court properly included a jury instruction that stated the "initial aggressor" in a fight could not claim self-defense. Although it was an incomplete statement of Mississippi self-defense law, the victim in this case showed no intention of harming defendant, who had no justification to hit him with a metal baseball bat. Affirmed.
Court: Mississippi Supreme Court, Judge: Beam, Filed On: May 9, 2024, Case #: 2023-KA-226, Categories: assault, Self Defense, Jury Instructions
J. Luthy finds that the trial court erred in dismissing a victim's sexual assault complaint as time-barred. The statute of limitations was tolled during the time that the victim was deemed incompetent, even after she had been appointed a legal guardian. The victim's tolling argument on appeal is different than the one she made at trial, but it was preserved since she did not present an entirely new issue. Also, neither side, nor the trial court, recognized controlling law so defendant's invited error claim also fails. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: May 9, 2024, Case #: 20220315-CA, Categories: assault, Competence
J. Smith finds that while defendant's indictment did not include the word "killed" or "murdered," the language was sufficient to put him on notice that he was being charged for the death of the victim, which allowed him to put forth an adequate defense and allowed the jury to convict him of the lesser-included offense of manslaughter. However, because the jury instructions for defendant's aggravated assault charges included conflicting intent elements of "knowingly" and "recklessly," his due process rights were violated and those convictions must be vacated. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: May 9, 2024, Case #: 2022-KA-705, Categories: Murder, assault, Jury Instructions
J. Watkins finds that the trial court properly convicted defendant of criminal attempt to commit rape and aggravated assault. The trial court did not commit any error in admitting into evidence defendant's prior child molestation conviction or defendant's interest in tarot cards and invocation of the devil. The evidence of defendant's prior conviction was relevant to help establish the credibility of the victim's accusation that defendant tried to rape and strangle her while chanting about the devil and speaking in an unknown language. The evidence related to defendant's chanting and calling himself the devil was probative and not unfairly prejudicial to defendant. The state's error in mentioning the prior child victim's age was harmless. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 9, 2024, Case #: A24A0518, Categories: Sex Offender, assault
J. Guerra finds that the trial court has jurisdiction over false imprisonment and negligence claims brought by a former contestant against the production company for Netflix's "Love is Blind.” Because most of the company's alleged actions, including sequestering the contestant without her consent in a hotel, took place in Houston, the trial court can exercise specific jurisdiction over these claims. However, her two assault claims alleging that another contestant sexually assaulted her fall outside of the court's jurisdiction because the alleged assault occurred during filming in Mexico.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00444-CV, Categories: Negligence, Jurisdiction, assault
J. Neeley finds the trial court properly convicted defendant for burglary of a habitation. After being dispatched on a criminal trespass call, officers found defendant's girlfriend at her apartment bleeding from around her ear. She explained that defendant, who had stayed with her at times but whose name was never on the lease, had struck her and left. The apartment manager had also previously requested a criminal trespass warning against defendant after he had stolen items. Although the evidence suggests defendant's name may have been attached to the utility account, this would not grant him equal or greater ownership rights to the apartment. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00237-CR, Categories: Burglary, assault, Trespass
J. Kern finds that the circuit court properly entered judgment after defendant pleaded guilty to two counts of aggravated assault against a law enforcement officer. The charges arose out of an extremely dangerous high-speed chase during which defendant repeatedly fired weapons at pursuing officers. The circuit court sentenced defendant to serve two concurrent life sentences to run consecutively to sentences he was already serving for other offenses. Defendant claimed that his sentence was cruel and unusual in violation of the Eighth Amendment and was an abuse of the circuit court’s discretion. The sentence is not grossly disproportionate to the gravity of defendant's offenses and therefore did not violate the Eighth Amendment. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: May 8, 2024, Case #: 2024SD26, Categories: Constitution, Sentencing, assault
J. Figueredo partially grants the music producer's motion for discovery sanctions against the model who accused him of sexual assault. The model failed to initially produce a 30 minute video on her old iPhone of a conversation between the parties a day after the alleged assault. This untimely production was negligent, but she credibly testified she believed all videos had been transferred to her new phone. The model must bear the additional discovery costs that the producer incurred as a result of the untimely production, but no harsher sanctions are warranted.
Court: USDC Southern District of New York, Judge: Figueredo, Filed On: May 8, 2024, Case #: 1:19cv6257, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Discovery, assault