50 results for 'cat:"Harassment"'.
J. Powers finds the trial court properly denied defendant’s motion for judgment of acquittal in his stalking conviction after he argued the evidence showed only a single, continuing instance of unwanted contact. The evidence showed defendant jumped on the hood of his ex-girlfriend’s car to prevent her from leaving then called her repeatedly and followed her in his own car when she did leave, which supports at least two actionable contacts needed for a stalking conviction.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: September 5, 2024, Case #: A180316, Categories: harassment, Tort
J. Coburn finds that the trial court properly admitted conversations defendant's children had in a patrol car after police responded to a call contending defendant pointed a gun at his wife because the recording fell under the first responder exception to the Washington Privacy Act. Affirmed.
Court: Washington Court Of Appeals, Judge: Coburn, Filed On: September 3, 2024, Case #: 86163-8, Categories: Evidence, Assault, harassment
J. Worthen finds the trial court properly convicted defendant for harassment of a public servant. Officers were dispatched to investigate a 911 caller using profane language and hanging up. Officers found defendant staggering and intoxicated, distraught over a friend who he believed was murdered. He was arrested for 911 abuse and public intoxication, and the officer testified that defendant spit on him. The court provided testimony on whether the spit was heard or felt. Although evidence indicated that defendant spat at the officer five times, based on video evidence defendant was charged only with harassment. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: August 21, 2024, Case #: 12-24-00008-CR, Categories: Battery, harassment, Public Intoxication
J. Shorr finds the trial court did not err by overruling defendant’s objection that the prosecutor’s argument relied on facts not in evidence and by not giving a “less satisfactory evidence” instruction in his trial for a harassment charge for spitting on his girlfriend. It was harmless if the trial court erred by overruling the objection and giving the “less satisfactory evidence” instruction would require changing existing legal precedents, which the court declines to do. Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: August 21, 2024, Case #: A179949, Categories: harassment, Jury Instructions
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J. Shorr finds the trial court erred when it denied defendant’s motion for judgment of acquittal in his telephonic harassment conviction for sending text messages to his ex-wife after she asked him to stop. The statute the state applied to defendant violated his right to free speech. Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: August 21, 2024, Case #: A177498, Categories: harassment, Civil Rights
J. Desmond affirms the denial of defendant’s motion for a required finding of not guilty based on supposed insufficient evidence to prove he violated a provision of an order requiring him to stay away from the victim’s residence. Defendant put himself close enough to the victim to verbally abuse the victim even if he couldn’t see them from where he stood. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: August 16, 2024, Case #: 23-P-914, Categories: Evidence, Restraining Order, harassment
J. Thumma finds that the lower court properly convicted defendant for engaging in a drive-by shooting, aggravated assault and aggravated harassment. Defendant argues that he is entitled to a mistrial after his ankle monitoring device went off in court. However, there is no rule that defendant would qualify for a new trial based on the jury's awareness of the beeping device, which is not considered a "physical restraint." Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Thumma, Filed On: August 8, 2024, Case #: 1 CA-CR 23-0273, Categories: Fair Trial, Assault, harassment
Per curiam, the appellate division found that the lower court properly determined that defendant committed the family offenses of harassment and disorderly conduct against his ex-wife and children. A fair preponderance of the evidence presented during the hearing supported the inclusion of the children as protected persons in the order of protection, which was deemed necessary for their safety. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 7, 2024, Case #: 04140, Categories: Evidence, Threats, harassment
J. Doherty affirms the circuit court’s conviction of defendant for possession of a converted vehicle, unlawful possession of a firearm by a felon, unlawful possession of ammunition by a felon and harassment through electronic communications. “Defendant repeatedly asked [the victim] to testify to something other than what she believed was the truth.” Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: August 6, 2024, Case #: 230443, Categories: Firearms, Vehicle, harassment
J. Price finds that the superior court had the authority to allow the Western State Hospital 14 days to comply with the felony-based commitment of defendant, who was charged with felony harassment after he threatened a grocery store employee. Defendant asserts that the state did not establish his felony-based commitment because it was supposed to prove that defendant was subjectively aware of a substantial risk that the employee would view his words as threatening violence, but the precedent holds that true threats require the state to prove a mes rea of at least recklessness about a statement's threatening nature, which is not applicable to felony-based commitments under the Involuntary Treatment Act. Affirmed.
Court: Washington Court Of Appeals, Judge: Price, Filed On: July 30, 2024, Case #: 58800-5, Categories: Commitment, harassment
J. Shepherd finds a lower court properly denied a defendant's motion for acquittal following a conviction for "incessant and extreme harassment" against his former girlfriend and her partner. The defendant argued that he was entitled to extend the deadline to submit a request for a new trial. However, the defendant missed deadlines to do so over a span of three years. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 11, 2024, Case #: 23-2174, Categories: Fair Trial, Domestic Violence, harassment
J. Glasgow affirms defendant's conviction and sentence for felony harassment for threatening to kill his former friend. Defendant has not shown that the harassment statute is not facially unconstitutional as a result of Counterman v. Colorado, because there is no direct conflict between the statutory language and the Counterman definition of what a true threat is. The trial court is to strike the $500 crime victim penalty assessment, because the state did not respond to this claim and trial courts are not allowed to impose the crime victim penalty assessment on indigent
defendants. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: June 11, 2024, Case #: 57226-5, Categories: Constitution, harassment
J. Ahlers finds that defendant was properly convicted of harassment after leaving two profane, threatening voicemail messages for the assistant county attorney who had been tasked with prosecuting defendant on various charges, as statements contending defendant was “gonna come fucking get [the assistant attorney] real soon,” and that he would “wait outside that door for" him constituted threats to seriously injure or kill the prosecutor. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: June 5, 2024, Case #: 22-1881, Categories: Evidence, harassment
J. Baldwin finds defendant's attorney provided competent representation before and during his trial on criminal charges that stemmed from sending pornographic images of the victim of to her family. He met and spoke with defendant several times before trial, cross-examined the state's witnesses, and effectively argued for acquittal during the entirety of the case. Meanwhile, defendant's admission he possessed the photos and drafted an email to send to the victim's family was sufficient to convict him because it established the elements of the offense, while the court simply did not find his claim that he "cancelled" the email credible. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: May 31, 2024, Case #: 2024-Ohio-2095, Categories: Evidence, Ineffective Assistance, harassment
J. Tookey finds that the trial court properly denied defendant’s motion for a judgment of acquittal on assault and harassment convictions. The case "largely turns on whose version of events was most credible to the trier of fact," and there was legally sufficient evidence "to permit the trier of fact to have found that defendant assaulted and harassed the victim." Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 30, 2024, Case #: A180600, Categories: Assault, harassment
J. Chicchelly finds that defendant was properly sentenced based on his guilty plea to first-degree harassment and assault with intent to commit sexual abuse since he failed to show remorse for his crime, and he was not entitled to deferred judgment.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: May 8, 2024, Case #: 23-1322, Categories: Sentencing, harassment
J. Jones finds the prosecutor's comments to the jury during opening statements about common experiences across victims of domestic violence did not constitute misconduct. They did not represent expert testimony, but were anchored to the evidence the state intended to present in its case. Meanwhile, even though the victim did not answer calls made by defendant from an unlisted number, the calls alone were sufficient to convict defendant of stalking after they were traced to the jail at which he was being housed because they violated a protection order obtained by the victim. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 2, 2024, Case #: 2024COA45, Categories: Prosecutorial Misconduct, Assault, harassment
J. Boomgaarden finds that the lower court properly convicted defendant of felony stalking. Defendant claims there was not enough evidence on the record to support conviction, but entered into the record were numerous texts, repetitive communications and phone calls that contained a "malicious nature." Any rational jury could find these amounted to a specific intent to harass the victim. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: April 24, 2024, Case #: S-23-0236, Categories: harassment
Per curiam, the Supreme Judicial Court of Massachusetts affirms a judgment denying relief to a woman charged with violating a harassment prevention order. The rulings she’s challenging can be addressed through an appeal if she is convicted, but the denial of a motion to dismiss in a criminal case isn’t appealable until after the trial has concluded. Affirmed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: February 23, 2024, Case #: SJC-13508, Categories: Speedy Trial, harassment