3,463 results for 'cat:"Evidence"'.
J. Gravois finds that defendant was properly convicted of second degree murder. The trial court properly denied defendant's motion to suppress evidence extracted from the victim's cell phone because defendant had no possessory interest or reasonable expectation of privacy in the personal property of the victim. Further, defendant's cell phone was properly seized and was examined by the digital forensics unit within the time limitation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 15, 2024, Case #: 23-KA-392, Categories: evidence, Search
J. Pagan finds the trial court properly declined to acquit defendant for witness tampering. Evidence was “sufficient to find that defendant was attempting to induce a witness to disobey a legal obligation to testify.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A177990, Categories: evidence, Witnesses
J. Delaney finds the trial court properly granted permanent custody of the child to family services. The father failed to remedy issues that led to the initial removal, including domestic violence incidents with the mother and drug addiction; therefore, he could not provide a safe and stable environment for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: May 15, 2024, Case #: 2024-Ohio-1872, Categories: evidence, Family Law
J. Hoyle finds the trial court properly convicted defendant for possession of a firearm by a felon. Defendant was arrested after a traffic stop and the ensuing vehicle search produced the firearm. Defendant was stopped after multiple restaurant patrons witnessed him arguing with a waitress and offered to follow her home. During the drive, the witnesses observed defendant trying to hit the waitress with his truck. Defendant's status as a felon and other substantial evidence supports the conviction. The prosecutor’s asking the jury to put itself in the victim’s place does not fall outside proper jury argument, as it was an appropriate response to the defense's argument seeking to have the jury focus on the waitress's testimony that she did not want defendant to be arrested. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: May 15, 2024, Case #: 12-23-00269-CR, Categories: evidence, Firearms
J. Barrett finds the trial court properly convicted defendant for aggravated assault, fleeing by vehicle and related charges. Officers testified to a pursuit involving a vehicle with no license plates that reached speeds of more than 100 mph and included sudden turns, as well as driving on the wrong side of the road. The male driver ran after crashing due to hitting stop sticks. After defendant escaped, a police dog found his shirt and he was apprehended and identified by pursuing officers and dashcam video. Sufficient evidence supports the convictions and any prejudice caused by unrecorded custodial statements made by defendant is not preserved for appellate review. There is also no constitutional right to have such statements recorded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 15, 2024, Case #: CR-23-381, Categories: evidence, Escape, Vehicle
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J. Johnson finds the trial court properly convicted defendant for murder based on sufficient evidence. Officers discovered the victim's body, shot in the face with a shotgun, inside the trailer after a 911 report. Defendant claimed the victim had broken into his residence, though officers saw that she was wearing socks and slippers with no dirt on them. Although defendant said he did not know the victim, it was later discovered he had recently met her on a dating website. Furthermore, testimony from defendant's ex-wife and work associate involving threats he had made about shooting them while pointing a gun at them was properly admitted. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 15, 2024, Case #: 09-22-00385-CR, Categories: evidence, Ineffective Assistance, Murder
J. Miskel finds that the lower court properly terminated the mother's parental rights to the child. The mother's counsel has indicated that the appeal is without merit, and the court agrees. The evidence shows that the mother had a history of incarceration and that she tested positive for methamphetamines during the pending case. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 15, 2024, Case #: 05-24-00159-CV, Categories: evidence, Family Law
J. Kistler finds the trial court erred by declining to acquit defendant of witness tampering and conspiracy. “No reasonable juror could infer from those text messages that defendant was asking [his son] either to give false sworn testimony in an official proceeding or to unlawfully withhold sworn testimony in an official proceeding.” Reversed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: May 15, 2024, Case #: A178060, Categories: evidence, Conspiracy, Witnesses
J. Golemon finds the trial court properly convicted defendant for DUI. The prosecutor showed the jury a puzzle with pieces missing, and after adding the pieces to show the full picture noted the term "beyond a reasonable doubt" consisted of common sense. The defense objected, arguing the prosecution was attempting to redefine "beyond a reasonable doubt." The judge correctly overruled the objection, telling the jury there was “no specific legal definition of beyond a reasonable doubt” and that it was up to each juror to determine. Dashcam and bodycam videos, as well as the results of field sobriety and breath tests, support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 15, 2024, Case #: 09-22-00266-CR, Categories: evidence, Prosecutorial Misconduct, Dui
J. Kamins finds the trial court properly excluded testimony from a defense expert because it was relevant as nonscientific evidence. Any error is unpreserved because defendant argued that the evidence was scientific before the trial court. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A179212, Categories: evidence, Experts
J. Badalamenti denies the accountant's motion to dismiss the government's action to collect penalties for his allegedly willful failure to report financial interests in foreign bank accounts. The accountant, who maintains multiple citizenships, is employed with PricewaterhouseCoopers and has a graduate degree in strategic management. Under a call option agreement, a client received the right to purchase 120,000 shares of an affiliated company in the Cayman Islands, and the accountant requested all correspondence relating to the account be held at the bank’s “Hold Mail” counter, meaning no mail involving the $12.5 million account would be sent to him in the U.S. The complaint adequately alleges the accountant failed to report “identifying information required to be provided with respect to an account.”
Court: USDC Middle District of Florida, Judge: Badalamenti , Filed On: May 15, 2024, Case #: 2:23cv452, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: evidence, International Law, Tax
J. Wood finds the circuit court improperly granted summary judgment in favor of the hospital in a slip and fall case. Though the hospital says a "wet floor" sign was in place near the puddle of water where the patient fell, testimony from the patient and a hospital employee creates a question of fact on the issue of whether there was a recurring leak in the area. The court’s finding there was not a recurring leak is premature. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CV-23-146, Categories: evidence, Tort, Negligence
J. Sutton finds bodycam footage from a police officer that showed the victim of defendant's stabbing identify her as the culprit was sufficient to prove she was the perpetrator of the crime and to support her murder conviction. Meanwhile, although defendant initially requested a lawyer when she was detained, she told the police, "I'll still talk to you," and repeatedly acknowledged she was waiving her Miranda rights before her statement and interrogation; therefore, the trial court properly denied her motion to suppress. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sutton, Filed On: May 15, 2024, Case #: 2024-Ohio-1874, Categories: evidence, Miranda, Murder
J. Henderson grants the employer's motion for summary judgment, ruling the employee's FMLA interference claims fail. He was allowed to go on leave immediately after he injured his shoulder, while his reinstatement was denied as a result of a lack of "light duty" jobs required because of restrictions from his doctor. Meanwhile, the invasion of privacy claim based on the use of a private investigator to ascertain whether the employee performed manual labor tasks outside of work while on medical leave must also be dismissed. The investigator was in public view the entire time he recorded the employee and did not trespass on private property to obtain the footage.
Court: USDC Northern District of Ohio, Judge: Henderson, Filed On: May 15, 2024, Case #: 5:23cv1446, NOS: Family and Medical Leave Act - Labor, Categories: evidence, Privacy, Employment Retaliation
[Consolidated] J. Moore finds the juvenile court properly denied the state's motions to terminate the father's parental rights. The state became involved when the mother’s youngest child, a half-sibling of the father’s children, tested positive for drugs at birth. The father, with a history of drug abuse, was in jail at the time of the filings. Though the children have been in foster care for a large part of their lives, because of the positive father/child relationship, his expressed desire to parent them and his success in following his case plan, the state was unable to prove by clear and convincing evidence he is an unfit parent. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: May 14, 2024, Case #: A-23-631, Categories: evidence, Family Law, Guardianship
J. Pirtle finds the trial court properly convicted defendant for negligent child abuse. Defendant's 15-year-old daughter testified her father whipped her on the backs of her legs with a phone charging cord after she refused to give him her phone out of fear he might break it like he had done before. During the altercation and the daughter's attempts to escape, the father also punched her in the face and sexually assaulted her. Sufficient evidence, including family testimony and the consistency of the victim's injuries, supports the conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 14, 2024, Case #: A-23-255, Categories: evidence, Assault, Child Victims
J. Cogburn denies a municipality and four of its police investigators their motion to dismiss allegations of 14th Amendment rights violations and tort claims brought by a nursing home aid illegally accused of abuse and sexual assault on a resident. The aid had previously been incarcerated for five years after the officers wrongfully framed him for crimes he did not commit, as was discovered at an evidentiary hearing. The judge immediately released him upon finding him innocent. Evidence shows that the police investigators systematically manipulated and harassed the aid into a false confession, and their arguments to the contrary are insufficient.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:23cv624, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Malicious Prosecution, Police Misconduct
J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child. The father failed to adequately preserve his due process argument. Additionally, the evidence sufficiently supports the lower court's best interest finding as to the mother. The record indicates that the mother was "living in a hotel at the time of the trial" and that she had a history of drug abuse. Additionally, the foster parents provided the child with a good home. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 14, 2024, Case #: 05-23-01255-CV, Categories: evidence, Family Law
J. Edmondson suspends Kenyatta Ray Bethea for one year. Bethea pleaded guilty to a first-time misdemeanor DUI after colliding with two vehicles, injuring six people, including children, inflicting significant bodily harm. Clear and convincing evidence establishes the attorney is remorseful and has taken additional steps by leaving the ignition interlock device on his car for an extra two months. The attorney also independently sought counseling. There is no evidence he has a history of driving under the influence.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: May 14, 2024, Case #: SCBD-7443, Categories: evidence, Sanctions, Attorney Discipline
J. Dlott denies both summary judgment motions, ruling the employee is not entitled to judgment on his failure to accommodate claim. It was not pleaded separately from the Americans with Disabilities Act retaliation claim and is intertwined with that claim such that they must be decided together. Meanwhile, emails between management employees create a question of fact as to whether the employer believed the employee was disabled after a stroke affected his quality of work, while evidence of similarly-situated employee who were never disciplined for similar quality control issues allows the suit to proceed.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: May 14, 2024, Case #: 1:19cv999, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, evidence, Employment Discrimination
J. Lawrence finds the trial court properly granted the apartment complex's motion for summary judgment on the estate's wrongful death claim. The victim and the individual who shot and killed her knew each other before the incident, while the estate also failed to submit any evidence of a causal relationship that would have transferred liability to the complex. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-CA-897, Categories: evidence, Wrongful Death
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates that the child "suffered a life-threatening crisis by ingesting methamphetamine" while in the mother's care and that the mother failed to "maintain a drug-free lifestyle" as required. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 14, 2024, Case #: 07-23-00442-CV, Categories: evidence, Family Law
J. Connors finds that the lower court properly convicted and sentenced defendant for murder. On appeal, defendant argues that the lower court erred “by admitting evidence of the victim’s state of mind.” However, it was not an abuse of discretion for the court to allow the victim’s statements to a friend that she was afraid of defendant. Additionally, the lower court gave an “immediate instruction” regarding the burden of proof following a certain query by the prosecutor during closing argument. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 14, 2024, Case #: 2024ME35, Categories: evidence, Murder
J. Holloway finds the trial court properly convicted the defendant of premeditated murder. The defendant alleged the evidence was insufficient, requested a new trial, and claimed the jury was not instructed properly. The court upholds the conviction because the evidence supported it, and the court sees no evidence that the jury was improperly instructed. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: May 14, 2024, Case #: E2022-01392-CCA-R3-CD, Categories: evidence, Murder, Jury Instructions
J. Clement upholds the trial court’s decision granting summary judgment in favor of the city in this personal injury case brought by a resident alleging he was injured after slipping and falling off the city-owned pool’s diving board. The city claimed immunity from liability under the Tennessee Recreational Use Statute as an affirmative defense. The resident and his wife did not imply any exceptions or limitations for their negligence claims under the statute. Swimming and diving are a recreational activity, and the city pool is considered “land” or “premises” under the statute. Therefore, the city is entitled to immunity as a matter of law. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: May 14, 2024, Case #: M2023-00654-COA-R3-CV, Categories: evidence, Immunity, Premises Liability
J. McClarty finds that the trial court improperly terminated a mother’s parental rights on the grounds of abandonment by failure to visit, abandonment by failure to support, abandonment by failure to provide a suitable home, and substantial noncompliance with the permanency plans. The trial court properly terminated the parental rights for the persistence of conditions which led to removal, severe child abuse and failure to manifest an ability and willingness to assume custody of the child. Therefore, there was a clear and convincing evidence that termination was in the child’s best interest. Affirmed in part. Reversed in part.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: May 14, 2024, Case #: W2022-01312-COA-R3-PT, Categories: evidence, Family Law
J. Riedmann finds the trial court properly convicted defendant by plea agreement for second-degree murder and possession of a firearm by a prohibited person based on sufficient evidence. Defendant called 911, saying he was using CPR on a person with a gunshot wound. Defendant then reported the victim was dead, admitting he had shot her because she would not stop yelling. Officers discovered the victim with multiple gunshot wounds, later finding defendant at his brother-in-law's house pursuant to another 911 call. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-942, Categories: evidence, Firearms, Murder
J. Moore finds the trial court properly convicted defendant by plea agreement for possession of a firearm by a prohibited person, making terroristic threats, operating a motor vehicle to avoid arrest and driving while under suspension. Defendant was arrested after he called the sheriff's department threatening to kill his mother, making additional threats to law enforcement and other civilians. Sufficient evidence supports the convictions, though the court committed plain error by sentencing defendant to determinate sentences, rather than indeterminate sentences on three of the four counts. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 14, 2024, Case #: A-23-826, Categories: evidence, Firearms, Threats