640 results for 'cat:"Criminal Procedure"'.
[Consolidated.] Per curiam, the appellate division finds that appellate counsel may withdraw from a criminal case in which defendant pleaded guilty to drug possession. However, new counsel must be assigned because an abuse of discretion may have occurred in denying defendant adjournment at sentencing to file a motion to withdraw his guilty plea.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 15, 2023, Case #: 112064, Categories: criminal Procedure, Drug Offender, Plea
J. Halligan finds that the appellate division properly remitted defendant's recidivism classification based on the incorrect calculation of his sex offender risk assessment score. Correcting the error on remittal was within the court's authority, but a higher risk level remained available upon taking a full look at defendant's behavior. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: June 15, 2023, Case #: 50, Categories: criminal Procedure, Sentencing, Sex Offender
J. Bilbrey finds that the trial court improperly denied the state's motion to continue a hearing regarding suppression of evidence related to DUI charges because the state performed due diligence in serving a police officer, and his testimony was vital to the issue. Reversed.
Court: Florida Courts Of Appeal, Judge: Bilbrey, Filed On: June 14, 2023, Case #: 1D22-8, Categories: criminal Procedure, Search, Dui
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J. Fischer finds that the lower court properly denied defendant's motion for a new trial on charges of child molestation. A written judgment of conviction was entered into the record, albeit more than eight months after the final judgment. This tardy entry does not divest the court of appellate jurisdiction. There is no merit to defendant's claim that the trial court erred by failing to exclude expert witness testimony. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: June 13, 2023, Case #: SC99913, Categories: criminal Procedure, Child Victims
J. Marquez finds that the trial court violated defendant's constitutional right to present a defense by refusing to allow a nonparty alternate suspect to be questioned in the presence of the jury hearing her burglary case. The trial court should have held a hearing outside the jury's presence before refusing defendant's request. Overturning its previous decision in Dikeman, the court holds that a defendant may question a nonparty alternate suspect in front of a jury even if the nonparty intends to assert the Fifth Amendment right against self incrimination. First, a trial court must decide if a non-speculative connection exists between the nonparty alternate suspect and the subject crime, whether the nonparty has a valid Fifth Amendment claim and, if so, what limits should be placed on courtroom questioning to avoid drama. Reversed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: June 12, 2023, Case #: 21SC458, Categories: Burglary, criminal Procedure, Dna
J. Gabriel finds that the trial court properly convicted defendant of both harassment and stalking. The appeals court erred in concluding that an offense is included in another offense on the basis of a single distinction test. An offense is included in another offense only if it resulted in a less serious injury, lesser culpability or both, and there are no other distinctions. Harassment is not an included offense of stalking because the two crimes are distinct in several ways, so the appeals court conclusion that a single distinction test. Also, the determination of whether the crimes included an act of domestic violence was properly decided by the trial court, as the Sixth Amendment does not entitle a defendant to a jury determination for findings that do not result in a penalty. Reversed in part.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: June 12, 2023, Case #: 21SC796, Categories: criminal Procedure, Domestic Violence
J. Hodges finds that the trial court improperly overturned a municipal court order dismissing an accusation and an amendment to the citation charging defendant with municipal code violations for exposing and fondling his genitals in public and running from police. A city solicitor tried to upgrade the charges by crossing out the ordinance violations on the citation and typing in state misdemeanor offenses for public indecency and obstruction. The municipal court had no evidence to support the state law charges against defendant and therefore had no authority to bind the case over to the state court. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 8, 2023, Case #: A23A0584, Categories: criminal Procedure, Public Indecency
Per curiam, the circuit finds that the district court properly convicted defendant, the local president of the carpenters union, of conspiring with another union chief to take bribes from unqualified workers to pad his membership roll. Sufficient evidence of conversion existed since the membership cards were put to use for the benefit of the president over the union, and the trial was properly postponed a second time to allow prime counsel to recover from a home accident, since second counsel had been put on notice to prepare for trial. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 2, 2023, Case #: 21-2223, Categories: criminal Procedure, Evidence, Conspiracy
J. Sentelle reverses defendant's 42 convictions for prescribing drugs without a legitimate medical purpose and two counts of money laundering. The government committed a Brady violation when it suppressed reports that were material and favorable to defendant, and could have raised a reasonable doubt in the minds of the jurors. Reversed.
Court: DC Circuit, Judge: Sentelle, Filed On: June 2, 2023, Case #: 21-3039 , Categories: criminal Procedure, Drug Offender, Evidence
J. Labarga upholds the district court's affirmation of the trial court's refusal to suppress eyewitness identifications during defendant's murder and robbery trial. The district court applied the proper standard of review, abuse of discretion review, rather than a de novo standard of review. Affirmed.
Court: Florida Supreme Court, Judge: Labarga, Filed On: June 1, 2023, Case #: SC2021-1450, Categories: criminal Procedure, Murder, Witnesses
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to burglary. Defendant contends proper procedures had not been followed in designating him a second felony offender, even though he had been aware he would be sentenced as such, but he failed to preserve the argument for review. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 1, 2023, Case #: 112433, Categories: Burglary, criminal Procedure, Plea
J. Getty agrees with the lower court that because a stolen license plate was visible to a police officer inside a driver’s car, the officer had a right to a warrantless search of the glove compartment. The driver argues that the officer had no right to the search because he was looking for evidence of a crime the driver didn’t commit, theft of a vehicle. This is not true, however, and therefore the search was justified because the officer ultimately arrested the driver for stolen plates as he suspected.
Court: The Appellate Court of Maryland, Judge: Getty, Filed On: June 1, 2023, Case #: C-02-CR-21-000839, Categories: criminal Procedure, Search, Vehicle
J. Mercier finds that the trial court improperly granted the state's petition to revoke defendant's probation for allegedly committing a RICO violation and failing to pay fines. Defendant's probation had expired at the time the petition was filed and the tolling order submitted by the state and signed by the trial court five years after defendant was sentenced to probation was never filed with the clerk of court. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 31, 2023, Case #: A23A0323, Categories: criminal Procedure, Probation
J. Moore finds that the trial court properly considered trial transcripts and applied the reasonable doubt standard to conclude that defendant is ineligible for postconviction relief on a felony murder conviction. Substantial evidence shows he is guilty of felony under current law. He was a major participant in the underlying felony of home invasion burglary and he acted with reckless indifference. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: May 31, 2023, Case #: G060218, Categories: Burglary, criminal Procedure, Murder