667 results for 'cat:"Jury"'.
J. LaGrua finds that the trial court properly convicted defendant of murder and correctly denied defendant's motion for a new trial based on prosecutorial misconduct. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant fatally shot the victim in front of multiple eyewitnesses. Defendant failed to show that his trial counsel's performance was deficient or that he was prejudiced by his counsel's failure to request a jury instruction on confession corroboration. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: May 31, 2023, Case #: S23A0166, Categories: Ineffective Assistance, Murder, jury Instructions
J. Soto finds a lower court ruled correctly in convicting defendant of murder and giving him a life sentence after he killed an escort at his home. Defendant argued that he “freaked out” after the victim raised her prices and threatened to call police and that there was not adequate evidence to support “the jury’s rejection of his sudden-passion claim,” but the jury was “free to reject” these arguments and did not commit a legal error by doing so. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 31, 2023, Case #: 08-22-00207-CR, Categories: Intent, jury, Murder
J. Ellington finds that the trial court properly convicted defendant of murder. Although the trial court's charge failed to correctly instruct the jury on the essential elements of felony murder and aggravated assault with intent to murder, defendant failed to show that the incorrect jury charge affected the trial outcome. There was compelling evidence in the record that defendant intended to kill the victim and that he participated in the crime. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: May 31, 2023, Case #: S23A0322, Categories: Murder, jury Instructions
J. Jackson denies summary judgment to Louisiana’s only forensic mental health hospital, holding that a civil detainee has carried his burden of showing that a psychiatric aide at the state facility violated his constitutional rights by forcing him to attend a Christian worship service over his express objection. The state’s attempt to show its employee, an avowed Methodist, acted reasonably considering a staffing shortage, relies on the “wrong law” and facts. The sharply worded ruling adds: “This case is going to trial.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: May 31, 2023, Case #: 3:21cv267, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, jury
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J. O'Leary finds the trial court properly ruled in favor of Kia in this suit alleging an auto defect. Though the court rejected Kia’s excuses for withholding certain documents, it did not find that it intentionally concealed them. It was appropriate to refuse to instruct the jury that Kia had concealed evidence. The auto customer forfeits the issue, misrepresenting to the California Court of Appeals that the trial court in fact found concealment. Also, Kia’s paralegal, who verified discovery requests and whose testimony was excluded, had no helpful knowledge for the jury. The customer made no timely objection to the size of the jury room and thus waived the objection that the jurors felt rushed. Affirmed.
Court: California Courts Of Appeal, Judge: O’Leary , Filed On: May 24, 2023, Case #: G060912, Categories: Evidence, jury, Product Liability
J. Gladwin finds the trial court properly convicted defendant for aggravated assault on a family member, domestic battery and endangering the welfare of a minor. Though defendant says he was trying to keep his daughter from leaving the house in the middle of the night, she testified that he, while drunk, came into her room as she was sleeping and started an argument. He began throwing lamps, then choked her. She ran out of the house and he and his dog chased her down. He again choked her as she attempted to flee. Home security video confirmed these events. Defendant claims that an evidence rule was used contrary to jury instruction, but his argument is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 24, 2023, Case #: CR-22-773, Categories: Assault, Domestic Violence, jury Instructions