44 results for 'cat:"Resisting Arrest"'.
J. Moeller finds that the trial court properly provided the jury instructions for felony battery on a police officer and denied defendant's request for instructions on either misdemeanor resisting an officer or misdemeanor battery. Resisting arrest is not a lesser included offense of battery and the evidence showed that her kick to the officer's stomach was a felony "strike." Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: October 4, 2023, Case #: 49255, Categories: resisting Arrest, Battery, Jury Instructions
J. McMullen finds the lower court properly convicted defendant of attempted aggravated assault, resisting arrest, disorderly conduct and public intoxication for pulling a knife on a police officer and threatening to cut him, which resulted in a physical altercation. Because defendant had a prior state felony conviction and a federal felony conviction, the lower court found him to be a multiple offender and ordered an effective eight-year sentence to be served incarcerated. Evidence is sufficient to support defendant’s convictions and sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: September 22, 2023, Case #: M2022-00769-CCA-R3-CD, Categories: Assault, resisting Arrest, Public Intoxication
J. Yegan finds that the trial court lacked the authority to reduce a felony wobbler charge of resisting an executive officer to a misdemeanor over the state's objection. The trial court's pretrial order was appealable since it usurped the state's charging authority and violated the constitutional separation of powers. Vacated.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: August 16, 2023, Case #: B326653, Categories: Criminal Procedure, resisting Arrest
Per curiam, the Nebraska Supreme Court finds the trial court improperly convicted defendant for charges arising from his resisting officers when they attempted to take him into protective custody after his girlfriend reported him as mentally ill and threatening self-harm with a knife. An officer was stabbed, and defendant was shot, then pleading not guilty by reason of insanity at trial. Throughout his life, defendant has received a series of diagnoses, including schizophrenia, schizoaffective disorder, and bipolar disorder, and there was plain error in the jury instruction which necessitated the defense prove that defendant's behavior was not caused by any substances he had taken. Reversed.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: July 28, 2023, Case #: S-21-642, Categories: Assault, resisting Arrest, Jury Instructions
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J. Colloton finds that the district court properly sentenced defendant for firearms violations and resisting arrest. Jury instructions are "presumptively valid" and, in this case, resisting arrest had been separated into two offenses. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 21, 2023, Case #: 22-2308, Categories: resisting Arrest, Jury Instructions
J. Ceresia finds that defendant was improperly convicted of growing cannabis without a license when police discovered marijuana plants upon performing a "protective sweep" following a standoff. Such warrantless searches are permitted only if a threat continues to exist, but defendant was alone and had been put under arrest when police entered his home. However, defendant was properly convicted of menacing police, resisting arrest, and obstructing governmental administration concerning the standoff that ensued as police attempted to execute an arrest warrant for unpaid child support. Reversed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: July 13, 2023, Case #: 111976, Categories: Search, Obstruction, resisting Arrest
J. Perry finds that the juvenile court properly adjudicated the juvenile delinquent for three criminal offenses, which included resisting a police officer who helped break up a fight after a high school basketball game. The testimony of the officers sufficiently supports the adjudications for the three charges. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: July 12, 2023, Case #: JAK-23-117, Categories: Evidence, Juvenile Law, resisting Arrest
J. McKinnon finds that the trial court erred when it responded to jury questions outside of defendant's presence before convicting him of resisting arrest. The questions were about substantive law and defendant was entitled to object, offer alternative responses or add to the record. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: July 11, 2023, Case #: DA 21-0466, Categories: Jury, resisting Arrest
Per curiam, the court finds a lower appellate court partially erred in allowing multiple convictions against defendant to stand. While defendant’s arguments at appeal were mostly fruitless, he is correct that he should not have been convicted for both assaulting a police officer and resisting arrest because his “underlying conduct is unitary” and convicting him on both violates principles of double jeopardy and the Fifth Amendment. Reversed in part.
Court: New Mexico Supreme Court, Judge: Per curiam, Filed On: June 22, 2023, Case #: S-1-SC-39313, Categories: Constitution, Double Jeopardy, resisting Arrest
J. Tabor finds that defendant was properly convicted of possession of methamphetamine. That a police officer detected the odor of marijuana near defendant in a Motel 6 parking lot did not necessarily constitute good cause to search defendant, but defendant committed a new crime by resisting arrest upon backing away and refusing to put his arms down. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: June 21, 2023, Case #: 22-0748, Categories: Drug Offender, Search, resisting Arrest
J. Corrigan finds that the lower courts properly held that defendant was ineligible for pretrial mental health diversion after he was found guilty of resisting arrest with force or violence. A request for diversion must be made before adjudication, which means before the entry of a guilty or no contest plea or the attachment of jeopardy at trial. Affirmed.
Court: California Supreme Court, Judge: Corrigan, Filed On: June 5, 2023, Case #: S268925, Categories: Competence, resisting Arrest
J. Palafox finds a lower court ruled correctly in convicting defendant of evading arrest in a motor vehicle. Defendant argued there wasn’t adequate evidence to prove he “intentionally” fled police and that he had merely wanted to get his vehicle back to his house before surrendering, but regardless, defendant “admitted he did not stop when he knew he was lawfully required to do so.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 25, 2023, Case #: 08-22-00176-CR, Categories: Evidence, resisting Arrest, Vehicle