254 results for 'cat:"Jury Instructions"'.
J. Anderson partially affirms the defendant's first-degree murder conviction. The district court did not abuse its discretion in prohibiting the defendant from asserting the affirmative defense of entrapment, since his assertion of the defense was untimely and he provided only minimal facts in support of it. His first-degree and second-degree murder convictions are both supported by sufficient evidence, and the district court did not abuse its discretion by denying his request for jury instruction on lesser-included offenses, but his second-degree murder conviction was erroneous since it was a lesser-included offense. Affirmed in part.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: November 22, 2023, Case #: A22-1273, Categories: Criminal Procedure, Murder, jury Instructions
J. Welling finds the trial court erroneously denied defendant's request for a jury instruction on the affirmative defense of involuntary intoxication during his trial on aggravated robbery and felony menacing charges. He provided sufficient evidence to indicate an unknown substance was in the marijuana he smoked prior to the commission of his crimes. Defendant's testimony about his past usage of marijuana and its effects on him, when contrasted with descriptions of his erratic and aggressive behavior on the night he assaulted a security guard shortly after taking two hits from a joint offered by a friend satisfied the threshold for the court to include an involuntary intoxication instruction. Reversed.
Court: Colorado Court Of Appeals, Judge: Welling, Filed On: November 22, 2023, Case #: 2023COA110, Categories: Robbery, jury Instructions
J. Vaidik finds a lower court ruled correctly in convicting defendant on domestic abuse charges in an appeal concerning rules on jury instructions on “unanimity.” Despite defendant’s assertions to the contrary, a “special unanimity instruction” was not required in this case because the violence he was charged with was “part of one continuous episode” rather than discrete acts that the jury needed to evaluate separately. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: November 22, 2023, Case #: 23A-CR-1340, Categories: Assault, Domestic Violence, jury Instructions
J. Halligan finds that defendant was improperly convicted of possession of a weapon based on evidence discovered in a vehicle inventory search after defendant was arrested during a traffic stop because he was prejudiced by the introduction of defendant's prior run-ins with police over weapons possession. Defendant failed to preserve his challenge to the conviction entered under a New York law criminalizing unlicensed possession of a firearm outside his home or business because he failed to raise the issue in the trial or appellate courts. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 62, Categories: Firearms, Search, jury Instructions
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J. Harutunian finds that the trial court properly declined to provide the jury an accident defense instruction. Defendant's blanket claim that he accidentally struck and killed a pedestrian in a crosswalk after passing a vehicle that was stopped for the pedestrian does not support an accident defense. And his claims that he did not see the victim, it was dark and she ran into the crosswalk do not negate ordinary negligence. Affirmed.
Court: California Courts Of Appeal, Judge: Harutunian, Filed On: November 21, 2023, Case #: CA296005, Categories: Vehicular Homicide, jury Instructions
J. Wilson finds that defendant was improperly convicted of possessing a weapon without a valid license because counsel requested a jury instruction on temporary possession even though defendant admitted he kept the gun a year after his license expired. Instead, counsel should have raised the defense of voluntary surrender since defendant intended to turn the weapon in for cash under a police buy-back program. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: November 21, 2023, Case #: 27, Categories: Ineffective Assistance, Weapons, jury Instructions
J. Marion finds a lower court ruled correctly in convicting defendant of delivery of a controlled substance. Defendant argued there was not adequate evidence to convict her and that a lower court erred by not instructing the jury that testimony from a confidential informant must be corroborated by law enforcement, but defendant did not object to the lack of instruction at trial and there is other evidence linking her to the offense. Affirmed.
Court: Texas Courts of Appeals, Judge: Marion, Filed On: November 20, 2023, Case #: 08-23-00126-CR, Categories: Drug Offender, Evidence, jury Instructions
J. Emfinger finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of burglary of a dwelling and conspiracy to commit burglary of a dwelling for his role in entering a home, stealing a laptop computer and taking beer from the refrigerator. Evidence is sufficient to support his convictions and sentence of 20 years for the burglary conviction with 15 years to serve, five suspended, five years of post-release supervision, and five years for the conspiracy conviction. While defendant argues the jury was not instructed on possible lesser offenses, the instant court finds that even if it were an error, it would not have impacted the trial outcome, as the evidence of defendant’s guilt was overwhelming. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: November 14, 2023, Case #: 2022-KA-00598-COA, Categories: Burglary, Fair Trial, jury Instructions
J. Greenlee finds the lower court properly convicted defendant of first-degree murder and shooting a firearm into a vehicle. Defendant shot a gun in a convenience store parking lot, killing a man sitting in the back seat of another car. Surveillance video captured the incident. Evidence is sufficient to support her convictions and sentence of life imprisonment with eligibility for parole, with five concurrent years suspended and three years post-release supervision. Defendant’s claim the jury was improperly instructed is without merit as the lower court judge excluded the lesser charge of second-degree murder, but the defendant failed to object, thereby waiving her right to later argue the issue. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Greenlee, Filed On: November 14, 2023, Case #: 2022-KA-00446-COA, Categories: Evidence, Murder, jury Instructions
J. Furman finds the trial court properly denied defendant's request for a jury instruction on the affirmative defense of force against intruders during her murder trial. The victim was shot in her own home and, therefore, defendant could not establish the objective element of unlawful entry. Meanwhile, the trial court was not required to give jury instructions on all subsections of the self-defense statute because there was no evidence the victim intended or was about to inflict harm upon defendant. Affirmed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: November 9, 2023, Case #: 2023COA104, Categories: Murder, Self Defense, jury Instructions
J. Schumacher finds that defendant was properly convicted of first-degree murder and other charges. Defendant moved for a mistrial after a charge of possession of a firearm by a felon was mentioned during trial, but he declined the court's offer to instruct the jury to ignore the statement at the time. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: November 8, 2023, Case #: 21-0797, Categories: Murder, jury Instructions
J. Egan finds trial court’s failure to instruct the jury that a culpable mental state attached to the “substantial risk of physical injury” was harmless against defendant, convicted of reckless driving. Based on the evidence, “there is little likelihood that the jury would have found that defendant was not the same person driving in both instances, or that either instance did not constitute vehicular fleeing or attempting to elude.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 8, 2023, Case #: A177666, Categories: jury Instructions
Per curiam, the Fifth Circuit finds the trial court properly convicted the former police chief of San Angelo, Texas, for bribery after he accepted money from a city vendor in exchange for support of the vendor’s future city contracts. There was no error in the court’s jury instructions requiring it to find a quid pro quo. Defendant’s argument, according to which an agreement to support the payor “as opportunities arise” isn’t a quid pro quo, misunderstands the law. The government presented evidence of a $180,000 agreement, disguised as fees for band performances, in exchange for support on future contracts. This a valid theory of bribery. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 7, 2023, Case #: 22-10766, Categories: Evidence, Bribery, jury Instructions
J. Ellington finds that the trial court properly convicted defendant of murder. Defendant failed to show that the was prejudiced by the trial court's failure to give an accomplice corroboration jury instruction since there was substantial evidence presented at trial corroborating the witness's testimony. The trial court did not commit any error by admitting into evidence a document titled "proof of incarceration" with defendant's information on it which was found at the crime scene. The probative value of the document outweighed the risk of unfair prejudice to defendant because it was relevant to show defendant was likely present at the crime scene around the time of the murder. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: November 7, 2023, Case #: S23A0871, Categories: Murder, jury Instructions
J. Easter finds the lower court properly convicted defendant of second degree murder and aggravated assault for his role in the shooting death of a 19-year-old drug dealer he was intending to rob. Defendant argues the jury was improperly instructed as to the issue of his alleged flight from the crime scene, but the instant court finds the jury was properly instructed. Evidence is sufficient to support his convictions and effective sentence of 21 years to be served in the Tennessee Department of Correction. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: November 3, 2023, Case #: E2022-01308-CCA-R3-CD, Categories: Murder, Assault, jury Instructions
J. Navarro finds the trial court was not required to include a jury instruction regarding defendant's culpable mental state in relation to the charge of sexual abuse by a person in a position of trust. A knowing mental state is not required for the position of trust element of the crime. The term "knowingly" appears in an entirely separate clause from the "position of trust" language in the criminal statute, which is intended to protect the child victims, regardless of whether the perpetrator subjectively believes they are in a position of trust. Affirmed.
Court: Colorado Court Of Appeals, Judge: Navarro, Filed On: November 2, 2023, Case #: 2023COA102, Categories: Sex Offender, Child Victims, jury Instructions
[Consolidated.] J. Stiles finds that defendant was properly convicted and sentenced for murder and firearm possession stemming from a fatal shooting at a party. Defendant sought a mistrial based on a juror's alleged violation of a ban on research, but the juror had "simply researched the role of juries and courts" and not the case at issue. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: November 2, 2023, Case #: KA-23-189, Categories: Firearms, Murder, jury Instructions
J. Brown finds the trial court properly convicted defendant for battery committed against a 75-year-old man. Evidence of the victim’s previously unknown convictions for robbery, domestic battery, and solicitation of murder, as disclosed during trial by the victim’s testimony, did not constitute a discovery violation. The testimony did not prove that the victim was the aggressor and defendant’s motion for directed verdict was properly denied. No proof was presented for self-defense and the court properly denied defendant’s request for jury instruction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CR-22-407, Categories: Evidence, Battery, jury Instructions
J. Matheson finds that the lower court properly convicted and sentenced defendant for assault. Defendant argues that the court improperly allowed certain testimony at trial, but the testimony in question was appropriate and offered up important medical expertise. Also, there is no evidence the jury's instructions injected prejudice against defendant. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: October 30, 2023, Case #: 22-5076, Categories: Assault, Witnesses, jury Instructions
J. McDonald finds that the court of appeals improperly overturned defendant's murder conviction on grounds that a verdict-urging instruction had been given multiple times during jury deadlock. While one juror seemed unwilling to change his mind, other jurors had not demonstrated hostility or placed undue pressure upon him.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: October 27, 2023, Case #: 22-0089, Categories: Jury, Murder, jury Instructions
J. Gaziano determines Massachusetts is correct that it should be able to retry a defendant for unlawfully carrying a firearm, unlawfully
carrying a loaded firearm and unlawfully carrying ammunition. Defendant was convicted of those charges previously, but the convictions were later vacated because the jury was not informed that convicting the defendant for those crimes required finding that he hadn’t had a firearms license when committing them. The constitutional rule establishing that lack of licensure is an essential part of those crimes wasn’t established until after the defendant was convicted.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: October 26, 2023, Case #: SJC-13315, Categories: Firearms, Double Jeopardy, jury Instructions
J. Baker finds the trial court properly convicted defendant for murder. Defendant killed the victim with a machete after a night of drinking which ended in an altercation involving what defendant claims was the victim’s threat that he was going to “whip” defendant and steal his vehicle. The court properly declined to submit defendant’s proffered jury instruction on justification, submitting a modified version of the model instruction. Case law cited by defendant did not support his position, and the language from the model instruction, modified to include justification instructions, accurately stated the law. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: October 26, 2023, Case #: CR-23-202, Categories: Evidence, Murder, jury Instructions
J. Kennedy finds that the lower court properly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. Even if defendant were entitled to a less-included offense instruction on theft, he has not shown a reasonable probability that he would have been found guilty of theft rather than armed robbery had the jury been differently instructed. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 220153, Categories: Ineffective Assistance, Theft, jury Instructions
J. Johnson reverses the defendant's second-degree murder conviction, finding that an erroneous jury instruction was not harmless. The instruction, which concerned the defendant's defense-of-others defense, erred in stating that the defendant had a duty to retreat or avoid danger if reasonably possible. Such an instruction contradicts the statutory right to use reasonable force to defend another person. This case is remanded for a new trial. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: October 16, 2023, Case #: A22-1424, Categories: Murder, Self Defense, jury Instructions
J. Luthy finds that defendant was entitled to an adverse inference jury instruction highlighting an officer's failure to activate his body-worn camera before arresting defendant for failure to stop. The evidence that he was driving before the vehicle was abandoned was relatively weak while the Adverse Instruction Statute's factors weigh in favor of an instruction. Reversed in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: October 13, 2023, Case #: 20210416-CA, Categories: Ineffective Assistance, jury Instructions