126 results for 'cat:"Sentencing" AND cat:"Assault"'.
J. Bishop finds the trial court properly convicted defendant by no-contest plea for assault and false imprisonment, requiring him to register as a sex offender. Defendant, a taxi driver, picked the drunken victim up from a bar and took her to his house. The victim woke up the next day with pains indicating sexual assault, and later medical examination confirmed that such an assault had occurred. The plea agreement replaced the charge of sexual assault with assault, while requiring defendant to register as a sex offender. Evidence, including the victim's blood found on defendant's sheets, supports the conviction and registration requirement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 30, 2024, Case #: A-23-373, Categories: sentencing, Sex Offender, assault
J. Wilkinson finds the lower court properly applied a sentence enhancement to defendant's assault conviction for causing severe bodily harm. The defendant's sister accused their roommate of sexually assaulting her, leading to the defendant firing a shot near the roommate's foot that sent small shrapnel into the roommate's forehead. The defendant claims the injury suffered was ordinary, but the culmination of the roommate's need to go to an emergency room where he received strong painkillers along with his testimony on the pain, give enough to believe it was serious. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 12, 2024, Case #: 22-4442, Categories: Firearms, sentencing, assault
J. Diaz finds the lower court properly convicted the defendant for the use of excessive force. The defendant, a former police officer, assaulted a drunk arrestee in the police station restroom before slamming the arrestee's head into a door frame while dragging him into another room. The defendant challenged his conviction on the ground that requiring witnesses to testify while wearing facemasks violated his constitutional right to face-to-face meetings with witnesses appearing before the trier of fact. The use of facemasks during the Covid-19 pandemic constitutes an important public policy as required to circumvent the face-to-face requirement. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: January 11, 2024, Case #: 22-4178, Categories: Fair Trial, sentencing, assault
J. Ahlers finds that defendant was properly sentenced to jail for assault after attacking a referee at his son's basketball game. Defendant repeatedly cursed and interrupted the judge during sentencing and could not cite proper factors in challenging his sentence of incarceration. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 10, 2024, Case #: 23-0546, Categories: sentencing, assault
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J. Ledet grants the state’s motion to overturn the trial court’s order providing a 12-person jury for defendant on an assault charge, rather than the six-person jury prescribed by law. Further, the court denied the state’s writ for review of the trial court’s order withdrawing a firearm enhancement for defendant on the same charges. Granted in part.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: January 3, 2024, Case #: 2023-K-0770, Categories: Jury, sentencing, assault
J. Hellman finds the post-conviction court properly concluded that defendant’s trial counsel did not provide inadequate and ineffective assistance of counsel after counsel failed to argue for merger of petitioner’s convictions. “Recklessly endangering another person and attempted first-degree assault each require proof of an element that the other does not, they do not merge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A176150, Categories: Ineffective Assistance, sentencing, assault
J. Bushong finds the trial court erred by sentencing defendant as a dangerous offender “using old PSI and psychological evaluation reports, because the statute required the court to consider new reports prepared for this case.” Reversed.
Court: Oregon Supreme Court, Judge: Bushong, Filed On: December 21, 2023, Case #: S069918, Categories: sentencing, assault
J. Cole finds that the lower court properly convicted defendant for second-degree assault but improperly sentenced him. The lower court did not err in admitting a certain jail-surveillance video. Defendant does not contend that the video was altered, and a detention officer testified that the video admitted at trial "was the same as the video he watched the day after the incident." However, the lower court improperly sentenced defendant a second time "with a more severe sentence," in violation of double jeopardy principles. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: December 15, 2023, Case #: CR-21-0410, Categories: sentencing, assault, Double Jeopardy
J. Danner finds the sentencing court improperly sentenced defendant on no-contest plea convictions for assault with a deadly weapon and hit-and-run driving resulting in serious injury. Surveillance video and multiple witnesses reveal defendant ran over the victim after an altercation in a parking lot. Though courts are split, and the question is currently pending before the California Supreme Court, defendant is entitled to retroactive relief under a new bill making the middle term the presumptive sentence because the judgment was not final when the legislation took effect. Reversed.
Court: California Courts Of Appeal, Judge: Danner , Filed On: December 13, 2023, Case #: H049363, Categories: sentencing, assault, Weapons
J. Gwin finds the trial court improperly denied defendant's request he be allowed to use medical marijuana during the community control portion of his sentence. He has a valid prescription card for the drug, his conviction for attempted assault was in no way related to drugs or alcohol, and prohibition of the use of a prescriptive drug in no way helps his rehabilitation. Reversed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: December 7, 2023, Case #: 2023-Ohio-4429, Categories: sentencing, assault
J. Higginbotham finds the trial court improperly enhanced defendant's sentence under the Armed Career Criminal Act on his conviction for being a felon in possession of a firearm. Because defendant was convicted under the Texas statute for causing serious bodily injury, absent proof he used physical force, his prior offenses are not crimes of violence for purposes of the act. Furthermore, burglary of a habitation also no longer qualifies as a violent felony in Texas. Vacated.
Court: 5th Circuit, Judge: Higginbotham , Filed On: December 5, 2023, Case #: 19-40811, Categories: Firearms, sentencing, assault
J. Wray finds that defendant's double jeopardy rights were violated when he was convicted of both aggravated assault and false imprisonment. The state used the same evidence to convict him of both crimes, which were based on a single course of conduct that involved holding the victims at gunpoint to wait for another individual to return to the home. Therefore, three of defendant's convictions must be vacated and the case must be remanded for resentencing. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: December 4, 2023, Case #: A-1-CA-40597, Categories: sentencing, assault, Double Jeopardy
J. Lawrence finds that defendant was properly convicted on multiple charges, including attempted murder, but was improperly sentenced as to two counts that were both Class D misdemeanors. The lower court did not err in crafting a discovery sanction that limited the state's evidence while preventing defendant "from presenting a completely sanitized defense." However, the one-year sentence for each of the two misdemeanor charges, domestic violence assault and domestic violence terrorizing, was not permissible. Accordingly, the case is remanded to correct those sentences. Affirmed in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: November 30, 2023, Case #: 2023ME73, Categories: sentencing, assault, Domestic Violence
J. D'Apolito finds eyewitness testimony from the victim, who turned defendant's gun over to police after being attacked, and surveillance footage that showed the assault was sufficient to support his assault and firearm possession convictions. However, the trial court failed to make required findings at sentencing, including that consecutive sentences were necessary to protect the public from future harm. Vacated in part.
Court: Ohio Court Of Appeals, Judge: D'Apolito, Filed On: November 22, 2023, Case #: 2023-Ohio-4246, Categories: Firearms, sentencing, assault
J. Groban finds the court of appeals improperly upheld the lower court's mid-range sentence for defendant, who was convicted for false imprisonment of his girlfriend by violence, while on a meth-fueled, delusional tirade that included punching and kicking her, as well as spraying her with pepper spray and glass cleaner. While defendant's appeal was pending, the legislature enacted a bill requiring courts to enter a lower term when a psychological, physical, or childhood trauma contributed to the offense, and the record does not clearly indicate the lower court would have imposed the same sentence had it been aware of the scope of its discretionary powers under the current bill. Reversed.
Court: California Supreme Court, Judge: Groban , Filed On: November 20, 2023, Case #: S275788, Categories: sentencing, assault, Kidnapping
J. Feldman finds that the lower court properly calculated defendant's offender score for his assault convictions, but improperly imposed a series of collection fees against him. Defendant's offender score was not improperly calculated. However, defendant is correct, and the state concedes, that an amendment to the relevant law removes the DNA collection fee requirement from his sentence. Affirmed and remanded.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: November 20, 2023, Case #: 84716-3-I, Categories: sentencing, assault
J. Aarons finds that defendant was properly denied resentencing for assaulting her parents with a baseball bat, which cost her father an eye. Defendant cited the Domestic Violence Survivors Justice Act, but while evidence indicated she had been physically and psychologically abused in the past, the attack she ultimately committed as a 20-year-old had been provoked by her father's extramarital affairs. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 16, 2023, Case #: 113554, Categories: sentencing, assault, Domestic Violence
J. Oretga finds the trial court erred in issuing a sentence denying defendant, convicted of assault, eligibility for post-conviction programs, but finds the court should not correct the error because the requisite findings could have been supported by the record. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: November 15, 2023, Case #: A176871, Categories: sentencing, assault
J. Cohen finds the trial court properly denied an inmate’s motion for sentence reconsideration for abuse of discretion after he was charged with aggravated domestic assault and the court imposed a sentence of nine-to-12 years of imprisonment. The inmate argues his pretrial detention was ignored during the Covid-19 pandemic and other mitigating factors were considered on his prior uncharged violent conduct. The court found the found that the aggravating factors outweighed those presented by inmate. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: November 9, 2023, Case #: 22-AP-260, Categories: sentencing, assault, Domestic Violence
J. Byrne finds the failure by defendant's attorney to make an insanity defense during his community control revocation hearing did not constitute ineffective assistance of counsel. Not only was there no evidence defendant was legally insane at the time he misused prescription drugs, he also fully admitted to the control violation and accepted responsibility for his actions. Meanwhile, the trial court's proper consideration of all required factors, including recidivism and the seriousness of defendant's initial assault offense, allowed for the imposition of an indefinite sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: November 6, 2023, Case #: 2023-Ohio-4022, Categories: Ineffective Assistance, sentencing, assault