640 results for 'cat:"Criminal Procedure"'.
J. Dowd finds that the lower court properly convicted defendant of murder and armed criminal action, and sentenced him to 26 years in prison. The court did not abuse its discretion in allowing the late endorsement of witnesses who examined DNA evidence at the crime scene. Defendant did not object to their testimony or even cross-examine them. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 2, 2024, Case #: ED111454, Categories: criminal Procedure, Murder, Witnesses
J. Bourliot finds that the trial court erred in revoking defendant's community supervision on an assault charge for failure to pay monthly supervision fees. The state failed to prove defendant's ability to pay the fees as required when it was the sole ground in support of revocation. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: March 28, 2024, Case #: 14-22-00631-CR, Categories: criminal Procedure, Assault
J. Brown finds that the lower court improperly dismissed defendant's convictions on multiple counts of aggravated assault and other charges. The state was not required to allege the Covid-19 tolling provisions in each count of the indictment. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0134, Categories: criminal Procedure
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J. Ortega finds the trial court did not violate defendant’s right to allocution when it ”muted” him for being verbally abusive in court. The time for an allocution had passed, and “defendant was speaking to the court in a way that the court had authority to curb.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 27, 2024, Case #: A180024, Categories: criminal Procedure, Trespass
J. Gonzalez finds that the lower court properly granted the petitioner's habeas corpus petition alleging that he was not given a timely hearing after his arrest for violating parole. The Less is More Act plainly requires a speedy adjudication of alleged parole violations within 24 hours, but defendant was held for five days after the execution of the warrant. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: March 26, 2024, Case #: 01685, Categories: criminal Procedure, Habeas, Parole
J. Hood finds a magistrate judge's probable cause hearing is a final order subject to appeal by a criminal defendant. Once a decision is made on whether to bind a case over to criminal court, the magistrate cannot rehear any issue and, therefore, has fully resolved the case. The decision does not become appealable until the magistrate memorializes it in writing; therefore, defendant's appeal was timely filed within 21 days of the written opinion.
Court: Colorado Supreme Court, Judge: Hood, Filed On: March 25, 2024, Case #: 2024 CO 15, Categories: criminal Procedure, Judiciary
J. Herman finds that the trial court should not have granted defendant's motion to sever the trials with his co-defendants. Although the co-defendants have made statements incriminating each other, the state indicated that it had no intention of using these statements at trial and instead will rely on the testimony of the two victims. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: March 22, 2024, Case #: 2024-K-0159, Categories: criminal Procedure, Evidence
[Consolidated.] J. Cole finds that the lower court improperly dismissed the charges against defendants in these consolidated cases "based on alleged defects in the charging complaints." The circuit court did not lack subject matter jurisdiction over the appeals from municipal court, since its jurisdiction is derived from the municipal court conviction and not the complaint. Additionally, defendants failed to raise any objections in the municipal court. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: March 22, 2024, Case #: CR-2023-0348, Categories: criminal Procedure, Jurisdiction
J. Lanzinger finds that the trial court properly denied a motion to suppress evidence and correctly weighed the entire body of evidence in appellant’s burglary conviction. The appellant claims that no probable cause existed to search his car so evidence from the vehicle should be removed but the judge finds that detectives statement provided to the magistrate judge was sufficient for warrant to search the vehicle. As to the weight of the total body of evidence, the judge concludes that this case is not one in which the prosecution has contrived a path that does not match the body of evidence overall.
Court: Ohio Court Of Appeals, Judge: Lanzinger, Filed On: March 21, 2024, Case #: 2024-Ohio-1031, Categories: Burglary, criminal Procedure, Constitution
J. Ortego finds that defendant was improperly convicted of failure to seek assistance relating to the death of her dating partner from a drug overdose. The evidence did not show that defendant was aware of the drugs her partner had ingested or had sufficient knowledge that she had suffered serious bodily injury. Defendant is acquitted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: KA-23-523, Categories: criminal Procedure, Evidence
J. Windhorst finds that the trial court properly denied defendant's motion to recuse the bench of the 24th Judicial District Court on the basis that a judge was related to a victim in this homicide case. The judge testified that he was estranged from the victim, his first cousin, had not seen the victim since 2005, did not go the cousin's funeral, and did not discuss the victim with any member of the bench. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 20, 2024, Case #: 23-K-406, Categories: criminal Procedure, Judiciary
J. Tucher finds that the trial court properly issued a domestic violence restraining order on a husband after denying his request for continuance. He had more than the statutory five-day notice of the petition and his wife's supplemental declaration did not reset the clock to allow him to request a continuance. Affirmed.
Court: California Courts Of Appeal, Judge: Tucher, Filed On: March 19, 2024, Case #: A168081, Categories: criminal Procedure, Domestic Violence
J. Sullivan finds that the lower court improperly quashed two counts against defendant for delivery of a controlled substance after he filed a habeas corpus petition seeking dismissal and disclosure of the identity of the confidential informant. Pennsylvania’s confidential informant being willing to testify that defendant was dealing methamphetamines is sufficient to link defendant to the counts. Reversed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S45038-23, Categories: criminal Procedure, Drug Offender, Evidence
J. Franson finds that the trial court properly denied defendant's claim that he is entitled to sentencing relief based on his misunderstanding of potential immigration consequences of his conviction for assault with a firearm. The evidence supports his claim that he did not understand the potential immigration consequences when convicted, but he is ineligible for relief because no evidence shows he lacked an understanding years later when he was convicted for a DUI or when probation revocation proceedings were held. However, he may pursue a new motion based on arguments that his initial failure to understand potential immigration consequences was prejudicial. Vacated in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: March 15, 2024, Case #: F084751, Categories: criminal Procedure, Immigration, Assault
Per curiam, the appellate division finds that the trial court properly convicted defendant of rape and other sexual offenses. The certificate of compliance was valid because the law enforcement disciplinary records at issue pertained to individuals who would not testify at trial, and missing electronic material had no substantive information about the case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: KA 23-00985, Categories: criminal Procedure, Sex Offender
J. Harris finds the trial court improperly denied defendant's motion to dismiss the information filed in her case charging her with a third-degree felony for passing a forged check. The detainer filed against defendant while she was incarcerated for an unrelated matter does not constitute proper process service under Florida law, as defendant correctly argues. Her appeal is treated as a petition for a writ of prohibition, the petition is granted, the order denying her motion is quashed and the case is remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: March 15, 2024, Case #: 23-0697, Categories: criminal Procedure, Forgery
J. Chin finds that the district court improperly denied a pro se inmate's request to proceed in forma pauperis in civil rights claims on grounds that he already claimed indigence too many times in actions dismissed as frivolous. Inmates are allowed three "strikes" before being forced to post upfront filing fees, rather than having fees deducted from prison accounts over time, but the cases at issue should not have counted toward the inmate's total.
Court: 2nd Circuit, Judge: Chin, Filed On: March 14, 2024, Case #: 20-1644-pr, Categories: criminal Procedure, Prisoners' Rights