759 results for 'cat:"Assault"'.
J. Walker affirms in part and reverses in part the lower court’s order denying the correctional agency and two officers’ motion to dismiss the former inmate’s civil suit claiming the state violated the Prison Rape Elimination Act when the officers passed word to other inmates that plaintiff was a sex offender, and later allowed those inmates to enter his cell, where they sodomized him with a broom stick, forced him to eat feces and drink urine and threatened to kill him. Since they are discretionary functions, the court finds the agency is entitled to qualified immunity on the former inmate’s negligent training and supervision claim, as he has failed to demonstrate how the agency violated a clearly established statutory or constitutional right in training or supervising the officers.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 9, 2023, Case #: 21-0905, Categories: Civil Rights, Government, assault
Per curiam, the Twelfth District finds the district court properly revoked the defendant convicted for aggravated assault with a deadly weapon’s community supervision, sentencing him to 10 years in prison. Police body cam footage showed defendant leaving the scene in his vehicle and driving away at a high rate of speed after the sheriff’s deputy knocked on his window during a response to a report of harassment. He was later found hiding on the floorboard of his backseat in possession of drugs. Defendant violated the terms of his community supervision by evading arrest and possessing meth and marijuana. Counsel's motion for leave to withdraw is granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 8, 2023, Case #: 12-22-00231-CR, Categories: Drug Offender, assault, Escape
J. Rodriguez finds a lower court ruled correctly in convicting defendant of robbery. Defendant argued jurors had not adequately considered his “defense of necessity” in the incident, but while jurors learned that the victim was armed, they also heard evidence that a group of men including defendant had initiated an assault on him, and this court “cannot conclude” that “robbing” the victim “was necessary.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 8, 2023, Case #: 08-22-00118-CR, Categories: Robbery, assault, Self Defense
J. Tow finds that the trial court violated defendant's Sixth Amendment right to a public trial by removing all public, including members of her family, from the courtroom where she was tried for assault. The removal to an auxiliary courtroom where they watched her trial over video was nontrivial and the trial court did not support the order with required findings. Reversed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: June 8, 2023, Case #: 21CA1645, Categories: assault, Due Process
J. Glickman reverses, in part, defendant's convictions related to the fatal shooting of defendant's friend. Defense counsel, who lied to the court about his qualifications to represent defendant against the charges and has since been disbarred, provided ineffective assistance in many ways, including by eliciting testimony from a witness that defendant was a drug dealer and failing to object to an erroneous jury instruction. Reversed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: June 8, 2023, Case #: 19-CO-1171 , Categories: Ineffective Assistance, assault
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Keough finds the jury's verdicts - guilty on one count of assault and not guilty on another - do not render defendant's convictions against the weight of the evidence or indicate inconsistency on the part of the jury. Each count of the indictment was separate and distinct, while the not guilty verdict may have been given out of leniency or compromise. Meanwhile, although the victim's out-of-court identification included her statement she was only "80 percent sure" defendant was the shooter, she identified him at trial and was corroborated by surveillance footage and other eyewitnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: June 8, 2023, Case #: 2023-Ohio-1892, Categories: Jury, assault, Identification
J. Pipkin finds that the trial court improperly convicted defendant of aggravated assault and possession of a firearm during the commission of a felony. The trial court incorrectly granted the state's motion to exclude a note written by the victim forgiving defendant for the shooting into evidence on the basis of a discovery violation. The note was excluded on the basis of its age but there is no evidence showing when defendant became aware of the note or was able to exercise control over it. The trial court incorrectly failed to require the state to make a showing of bad faith and prejudice. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 8, 2023, Case #: A23A0477, Categories: Firearms, assault
J. Zahn finds that differences between description of assault in a charging document and those given in the jury instructions did not create a fatal variance. Also, defendant was not entitled to an instruction on the offense of discharge of a firearm at another because it is not a lesser-included offense of aggravated assault on a peace officer. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: June 7, 2023, Case #: 48985, Categories: assault, Jury Instructions
J. McDonald finds that although defendant was acquitted of assault, the trial court properly used evidence supporting the charge in its sentencing calculations for other convictions. Supreme Court precedent establishes such conduct, so long as it is supported by a preponderance of the evidence, can be used during sentencing. Additionally, the trial court heard all the evidence presented at trial, could judge the reliability of all witnesses, and did not use the conduct from the assault charge to enhance defendant's sentence or extend it beyond the required guidelines. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: June 6, 2023, Case #: SC20734, Categories: Sentencing, assault, Due Process
Per curiam, the Wisconsin Supreme Court finds the court of appeals incorrectly upheld the circuit court's order calling for involuntary medication to restore defendant's competency. Because the state concedes it did not meet its burden under U.S. Supreme Court precedent controlling the narrow circumstances in which a lower court can order involuntary medication to make a defendant competent for trial, the court of appeals' ruling is overturned, and the case is remanded. Reversed.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: June 2, 2023, Case #: 2020AP819-CR, Categories: Competence, assault, Due Process
J. Hassan finds that defendant was improperly convicted of bodily-injury assault of a family member after a jury charge error. "An error that permits the jury to convict a defendant for an uncharged offense that was not a lesser included offense of the charged offense egregiously harms the defendant." Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: June 1, 2023, Case #: 14-22-00273-CR, Categories: Evidence, assault, Jury Instructions
J. Manglona finds that the trial court improperly dismissed charges against a man accused of sexually assaulting a coworker based on lack of probable cause. Testimony from the victim and forensic evidence demonstrated that the victim was indeed held down using force without her consent. “The court impermissibly elevated the burden of proof and discredited the prosecution’s witnesses, thereby going beyond the limited scope of a preliminary hearing.” Vacated.
Court: Northern Mariana Islands Supreme Court, Judge: Manglona, Filed On: June 1, 2023, Case #: 2022-SCC-21, Categories: Sex Offender, assault
J. Dillard finds that the trial court improperly denied defendant's motion to suppress incriminating statements he made during a four-hour police interview before his arrest. Defendant was convicted of aggravated assault and possession of a knife during the commission of a felony. Defendant made the statements admitting he was to blame for the stabbing towards the end of the interview with the detective and before he was read his Miranda rights. After being advised of his Miranda rights, defendant said he did not remember what happened the morning the victim was stabbed. A reasonable person in defendant's position would not have considered his detention to be temporary because he was locked in a police car for more than hour before being transported for the interview and was escorted to the interrogation room by an armed police officer. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 1, 2023, Case #: A23A0593, Categories: Miranda, assault
J. Barrett finds the trial court properly convicted defendant for false imprisonment, battery and assault. Defendant hit the victim with the butt of his unloaded rifle when he didn’t comply with orders to “get on the ground” after he was discovered having stolen defendant’s truck. Defendant claims that the evidence supports only third-degree battery and says that his felony battery conviction is inconsistent with one for misdemeanor assault. Defendant did not move for a directed verdict or dismissal at the conclusion of the evidence and has not preserved this sufficiency-of-evidence challenge. His argument that it was undisputed that he believed he was acting justifiably was never made in a motion to dismiss, so is not preserved. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: May 31, 2023, Case #: CR-22-734, Categories: Evidence, assault, Battery
J. Bishop finds the trial court properly denied the aiding and abetting defendant’s motion for postconviction relief without evidentiary hearing. Even if trial counsel did not more thoroughly impeach the victim as to inconsistent statements about the details of the assault and robbery, defendant cannot show prejudice. The victim never wavered in significant descriptions of the perpetrators. Whether he was “hit” or “jumped” from behind is irrelevant, even assuming inconsistency of the descriptive words. Whoever initiated the attack does not change the fact of who participated. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 30, 2023, Case #: A-22-687, Categories: Robbery, assault, Accomplice Liability
J. Riedmann finds the trial court properly convicted defendant for assault, use of a firearm to commit a felony and prohibited firearm possession. Defendant allegedly shot his mistress in the thigh after she broke his necklace during a night of partying. Text messages were properly admitted, the import being not that a particular involved party sent the messages, but that defendant received them, and his responses did not negate or dispute his shooting of the victim. All evidence is sufficient to support conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: May 30, 2023, Case #: A-22-504, Categories: Evidence, Firearms, assault
J. Bishop finds the trial court properly found defendant guilty of terroristic threats, kidnapping, sexual assault and use of a deadly weapon. Defendant says that the victim, a neighborhood acquaintance, went with him willingly to the isolated area where the assault took place. Defendant’s friend testified that defendant told him that he had abducted and sexually assaulted the victim, and forensic examination evidence supports the claims of sexual assault. Any deficient performance by trial counsel caused no substantial prejudice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 30, 2023, Case #: A-22-611, Categories: Evidence, Sex Offender, assault
Per curiam, the North Dakota Supreme Court finds that the district court properly denied defendant's application for post-conviction relief after defendant was convicted of aggravated assault and two counts of gross sexual imposition. Defendant claims that he received ineffective assistance of counsel for failing to move to strike two jurors for cause. An unsuccessful trial strategy does not make defense counsel’s assistance defective. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 30, 2023, Case #: 2023ND105, Categories: Ineffective Assistance, Sex Offender, assault
J. Welbaum finds the victims' injuries, including broken bones, abrasions, and severe bleeding that required treatment at a hospital, satisfied the serious physical harm element of defendant's assault charges and were sufficient to convict him. Meanwhile, the trial court made all required findings before it imposed consecutive sentences, and because defendant showed no remorse for his actions and injured numerous people, including two police officers, the seriousness of his crimes support the sentences. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 26, 2023, Case #: 2023-Ohio-1766, Categories: Evidence, Sentencing, assault
J. Panella finds that the lower court improperly granted defendant’s motion to dismiss on the ground that Pennsylvania failed to consolidate his prosecutions under the state’s compulsory joinder rule. The rule does not apply here because defendant’s charges for unlawful possession of a firearm charges did not arise from the same criminal conduct or episode as his previous prosecution for simple assault. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 26, 2023, Case #: J-S10015-23, Categories: Firearms, Sentencing, assault
J. Deahl upholds the trial court's refusal to find for defendant on his claim the government failed to turn over ballistics evidence in his assault case, and that he received ineffective assistance due to his attorney's failure to pursue a third-party perpetrator defense. Defendant fails to show the government knew about the ballistics proof, and defense counsel's decision not to use the third-party defense was reasonable. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: May 25, 2023, Case #: 19-CO-0745, Categories: Evidence, Ineffective Assistance, assault
J. Jabar finds that the lower court properly convicted defendant for aggravated assault and other charges but improperly sentenced him to "five years in prison with all but twenty-four months suspended, followed by three years of probation." The court finds that two of the counts should be merged as being duplicative and the case remanded for resentencing based on the merged counts. Also, defendant argues that he was penalized during sentencing for going to trial, and the lower court's comments on the decision to stand trial were "at the very least, ambiguous," rendering the sentence invalid. Vacated in part.
Court: Maine Supreme Court, Judge: Jabar, Filed On: May 25, 2023, Case #: 2023ME32, Categories: Sentencing, assault
J. Miller denies the assault defendant’s petition for a writ of prohibition to stay the appointment of an expert doctor after his defense counsel urged the trial court to reject the Department of State Hospitals’ certificate of restoration to competency. The relevant code requires that the rejection of a certificate of restoration to competency be based on an expert report supporting the finding that the defendant is incompetent.
Court: California Courts Of Appeal, Judge: Miller, Filed On: May 25, 2023, Case #: A166307, Categories: Competence, assault, Due Process
J. Harper finds the trial court properly denied defendant's pretrial motion to dismiss burglary and home invasion charges. Although he still had keys to the victim's condominium, text messages sent a day before the assault, in which the victim requested the keys and told defendant he "no longer lived there," clearly revoked his privilege to be inside the property. Meanwhile, the trial judge was not required to recuse himself for alleged bias after he referred to the victim as "victim" during pretrial proceedings because the term was never used in front of the jury, and was not used in a hostile or critical way toward defendant. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: May 25, 2023, Case #: AC42991, Categories: Burglary, Judiciary, assault
J. Doyle finds that the trial court properly denied defendant's motion for a new trial following his convictions for criminal attempt to commit murder, aggravated battery and aggravated assault. Defendant has not shown that his trial counsel performed deficiently by failing to object to the introduction of evidence that defendant was on probation when he was arrested. Defendant's probation status was necessary to the story of his arrest and to show that he may have tried to conceal clothing evidence of the crime because he knew his home could be searched without a warrant. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 25, 2023, Case #: A23A0396, Categories: Ineffective Assistance, assault, Battery