759 results for 'cat:"Assault"'.
J. Blake affirms the denial of the defendant’s motion for a new trial. The defendant failed to meet her burden to prove there was no good reason for the in-court identification procedure, where a man who witnessed her assault another woman and who had also seen pictures of the defendant before the crime occurred, identified her as the person he saw commit assault. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: April 26, 2024, Case #: 22-P-550, Categories: assault, Battery, Witnesses
J. Abele finds that while three eyewitnesses failed to mention defendant as one of the victim's two assailants when police initially interviewed them, their statements at trial, all of which indicated defendant had beaten the victim who later died of his injuries, were sufficient to convict him of assault. The jury was in the best position to determine their credibility and the testimony was bolstered by photos of defendant's swollen and injured hands. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 25, 2024, Case #: 2024-Ohio-1673, Categories: Evidence, assault
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J. Womack finds the trial court properly convicted defendant for aggravated residential burglary, theft of property and capital murder. Defendant murdered the owner of the house he was living in after the owner kicked him out for beating his estranged girlfriend. DNA evidence supports the conviction. The probative value of evidence of defendant's assault on his girlfriend, as related to his intent and motive, was not outweighed by the danger of unfair prejudice. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: April 25, 2024, Case #: CR-23-400, Categories: Burglary, Murder, assault
J. Aarons finds that the lower court properly sentenced defendant in absentia and outside his plea deal after he cut off his ankle bracelet and absconded because defendant had been expressly advised by the court that both could occur if he failed to show up for sentencing. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 25, 2024, Case #: 113291, Categories: Sentencing, assault, Plea
J. Pagan finds the trial court erred by giving a jury instruction on defense of premises regarding the alleged victim’s actions when defendant was claiming self-defense against someone who used force against him. “The parties disputed the facts that would have made defendant’s self-defense claim viable, and a jury instruction that highlighted the alleged victim’s state of mind” detracted from the jury’s consideration of defendant’s state of mind. Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 24, 2024, Case #: A177313, Categories: Burglary, assault, Jury Instructions
J. Buller finds that defendant was properly convicted of assault and criminal mischief for headbutting a patron outside of a bar in front of another witness and shattering the bar window with his boot. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: April 24, 2024, Case #: 22-1364, Categories: assault
J. Pirtle finds the trial court properly convicted defendant for assault, attempted possession of a deadly weapon by a prohibited person and unauthorized use of a motor vehicle. Defendant admitted to assaulting the victim and stealing his vehicle and firearms after the two had been involved in a drunken altercation. Though defendant says the victim had shot at him and missed before he punched him and stomped on his head, sufficient evidence supports the convictions. The record is insufficient to review claims of ineffective assistance, containing no discussions between defendant and his attorney regarding claims of self-defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-1000, Categories: assault, Weapons, Vehicle
J. Waldick finds the trial court properly admitted the victims' 911 calls into evidence at defendant's trial on attempted murder and assault charges. The calls were made while defendant attempted to break into the victims' home and immediately after he had assaulted his girlfriend, one of the victims; therefore, the calls were admissible under the present sense impression hearsay exception. Meanwhile, the trial court properly allowed the prosecution to provide details about defendant's prior conviction for attempted murder because the facts of the previous case were similar and established relevance, while the state did not include any prejudicial or inflammatory details likely to influence the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: April 22, 2024, Case #: 2024-Ohio-1534, Categories: Evidence, Jury, assault
J. Hixson finds the lower court properly convicted defendant of attempted second degree murder, aggravated assault and employment of a firearm during the commission of a dangerous felony when he punched, then shot a man nine times as he was inspecting his car for damage after a crash. Though defendant argues that witness identification of him as the suspect was questionable, the lower court felt otherwise. Evidence is sufficient to support his convictions and effective 20-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: April 22, 2024, Case #: M2022-01644-CCA-R3-CD, Categories: Evidence, Murder, assault
J. Wainer Apter finds that the appellate division properly upheld a protective order entered against defendant based on accusations that he had non-consensual sexual contact with an intoxicated woman. The trial court and appellate division both held that the "possibility of future risk" included "something emotionally unwelcome" and found the victim's testimony credible, while defendant's testimony was found not credible. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: April 22, 2024, Case #: A-47-22, Categories: Restraining Order, assault
Per curiam, the Massachusetts Court of Appeals vacates portions of judgments against a woman suing her dentist for allegedly sexually harassing her — such as by telling her she had the option of working as a prostitute when she expressed that she had limited options regarding her teeth — and for assault, battery, and intentional infliction of emotional distress. The woman’s complaint did not fail to allege that any of the dentist’s conduct was economically motivated, because she included that her dentist snapped off one of her teeth, told her she should proceed with an $8,500 implant and lied about her money and insurance information to get her to proceed with treatment with his office. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: April 22, 2024, Case #: 23-P-0319, Categories: Health Care, Medical Malpractice, assault
J. Hurwitz finds that the district court properly entered convictions and sentence for various offenses arising out of an assault on defendant's girlfriend. Sufficient evidence supported the convictions, sentences and sentence enhancements. Affirmed.
Court: 9th Circuit, Judge: Hurwitz, Filed On: April 19, 2024, Case #: 21-10230, Categories: Sentencing, assault
J. Yu finds that the lower court properly denied defendant's request for a new trial stemming from his child molestation conviction. Defendant claims that he is entitled to a new trial because his legal team did not propose a lesser included offense instruction for fourth-degree assault. Even if his counsel had requested the lesser instructions, they still would have been denied because there was no evidence on the record to support them. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: April 18, 2024, Case #: 100953-4, Categories: assault, Child Victims, Jury Instructions
J. Bybee finds that the district court improperly denied an individual's motion for preliminary injunctive relief in an action arising from two events, an abortion rally and an LGBTQ+ pride event, in which the individual, a devout Christian, sought to read Bible passages and was arrested for obstructing a police officer after he refused to move to a different location. The individual alleges that attendees at both events physically assaulted him, stole his Bibles and ripped them up. He further alleges that Seattle police opted to arrest the individual for obstructing rather than deal with the attendees who assaulted him. The individual established a likelihood of success on the merits of his First Amendment claim. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: April 18, 2024, Case #: 23-35481, Categories: Constitution, assault, First Amendment
J. Copperthite denies the board’s motion to dismiss this sex discrimination lawsuit brought by a male student who was accused of sexual misconduct by a female student. The male student claims he was falsely accused and is a victim of gender discrimination because the university forced him to undergo an allegedly bias-ridden investigation process before expelling him. His pleadings allow a plausible inference of discrimination and he properly alleges the board deprived him of his due process rights. The student seeks declaratory and injunctive relief to require the board to reverse the hearing’s outcome, restore his reputation, expunge and seal the disciplinary and dismissal records, destroy the female student’s complaint and return him to good standing, but the court does not rule on this yet.
Court: USDC Maryland, Judge: Copperthite, Filed On: April 18, 2024, Case #: 1:23cv3100, NOS: Education - Civil Rights, Categories: Education, Due Process, assault
J. Stras finds a lower court properly charged a defendant with possession of a firearm while under the influence of drugs and for shooting his drug dealer. The defendant argued that his conviction should be tossed out based on his Second Amendment right to carry a firearm. However, the government sufficiently showed in court that his constitutional rights do not provide him relief based on his past drug use and history of violence. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: April 17, 2024, Case #: 23-1114, Categories: Drug Offender, Firearms, assault
J. Gladwin finds the circuit court properly revoked defendant's probation, sentencing her to 120 months in prison. Defendant previously pleaded guilty to charges of robbery and theft of property, receiving 10 years of probation. Later, defendant, thinking her boyfriend was cheating on her, confronted him in the front yard of the other woman's home, attacking him with a knife. Detective interview video shows defendant admitting to having a knife, which supports the revocation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 17, 2024, Case #: CR-23-652, Categories: Probation, assault, Weapons
J. Egan finds the trial court properly denied defendant’s motion for a new trial. Court “permissibly determined that any prejudice would be sufficiently mitigated by striking the testimony about prison and instructing the jury to disregard what they had heard.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A179612, Categories: Evidence, assault, Menacing
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. The wheelchair-bound defendant shot at his cousin, who had pulled over in his vehicle to say "hi." That cousin and another cousin testified there was no conflict or altercation before defendant started shooting. Though defendant says the cousin was "bothering" him, he did not specify how, also telling officers he did not feel threatened when he began shooting. The lower court properly refused to provide a self-defense instruction, as there is no evidence it was necessary for defendant to protect himself. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 17, 2024, Case #: 12-23-00245-CR, Categories: assault, Weapons, Self Defense