11 results for 'cat:"Criminal Procedure" AND cat:"Battery"'.
J. Miller finds that defendant was properly convicted and sentenced after pleading guilty to charges including sexual battery and burglary. Defendant argued that his motion to suppress incriminating statements he made during questioning by police was wrongly denied, but he waived any error related to this issue by pleading guilty and not expressly reserving the right to appeal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: June 27, 2024, Case #: 2023KA1323, Categories: Burglary, criminal Procedure, battery
[Consolidated.] J. McFadden finds that the trial court properly vacated and re-entered an order denying defendant's motion for a new trial on his simple battery conviction. Although the trial court acted outside the original term of court, the instant court had remanded the case back to the trial court which determined that defendant had not received timely notice of the denial order and re-entered the order. The trial court did not commit any error in instructing the jury or in charging the jury that it had to reach a unanimous decision. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 12, 2024, Case #: A24A0311, Categories: criminal Procedure, battery, Jury Instructions
J. Huskey finds that the district court properly dismissed defendant's amended petition for post-conviction relief and denied his motion for reconsideration. His claim that he was not given adequate notice of the state's motion for summary dismissal fails because the state's motion referred to his original and amended petitions and included its argument that those filings were deficient. Also, the district court was not required to give him additional notice, and his notice claim was not preserved since he did not raise it in district court. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: April 17, 2024, Case #: 50063, Categories: criminal Procedure, Sex Offender, battery
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J. Jorgensen finds that the lower court improperly denied defendant's request for a new trial after he was convicted aggravated battery in absentia. The court's admonishments did not advise defendant that a failure to appear would constitute a waiver of his right to cross-examine witnesses. Further, he had not been arraigned nor had he entered a not guilty plea at the time he was given the admonishments. Reversed.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: April 2, 2024, Case #: 230047, Categories: criminal Procedure, battery
J. Weimer finds that the trial court should not have set aside defendant's conviction for domestic abuse battery involving strangulation based on the improper denial of a cause challenge of a juror. In this case, defendant did not contemporaneously object to the jurors during voir dire. Under the Code of Criminal Procedure art. 800(A), defendant is required to object contemporaneously in order to assign as error a ruling of a trial court refusing to sustain the challenge of a juror for cause. Reversed.
Court: Louisiana Supreme Court, Judge: Weimer, Filed On: December 8, 2023, Case #: 2022-K-01824, Categories: criminal Procedure, Jury, battery
J. Perry finds that defendant was properly convicted of counts including aggravated assault with a firearm and second degree battery stemming from an attack on his girlfriend. There was no error in the denial of defendant's motion for new trial since he did not show a violation of his right to assistance of counsel. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: December 6, 2023, Case #: KA-23-334, Categories: criminal Procedure, Assault, battery