640 results for 'cat:"Criminal Procedure"'.
J. Gallagher finds the trial court was not required to sever defendant's indictment and conduct separate trials. All three robberies were committed over a short period of time and involved similar characteristics, including being committed late at night on individuals alone in their cars, while the evidence for each crime was simple and direct, involving victim testimony from each of the incidents that was unlikely to confuse the jury. Meanwhile, because the outcome of the trial would have been no different if defendant's attorney had filed a motion to sever the indictment, defendant's ineffective assistance claim fails. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-958, Categories: criminal Procedure, Ineffective Assistance, Robbery
J. D'Auria finds that under this court's precedent in State v. Arroyo, defendant cannot make a legal challenge to the inconsistent verdicts rendered by the jury in his trial on home invasion and burglary charges. Any such claim must be made before the trial court immediately upon the conclusion of the trial. Meanwhile, the trial court properly denied defendant's motion for a mistrial following a 25-day delay during jury deliberations after he was exposed to and contracted Covid-19. Although the delay increased the likelihood of jurors forgetting each side's arguments or rushing to a verdict, there was no other reasonable alternative during the pandemic. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: March 13, 2024, Case #: SC20688, Categories: Burglary, criminal Procedure, Jury
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J. Ditkoff affirms the defendant’s conviction of possession of fentanyl. Search warrants authorizing searches of any person present include people who remain in the vicinity of the property the search warrant is authorized for, even if they have left the property itself, as long as they were on the property during the execution of the warrant. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: March 11, 2024, Case #: 23-P-250, Categories: criminal Procedure, Drug Offender, Search
J. DeWine finds the lower court erroneously upheld the trial court's dismissal of defendant's postconviction relief petition without any factual or legal analysis. A delayed appeal of a criminal conviction qualifies as a direct appeal under Ohio statutory law, and, therefore, defendant had 365 days from his filing of the trial transcript with the appeals court to file his petition for postconviction relief. A delayed appeal is virtually identical to one filed within the 30-day deadline and was not intended to be treated differently under the statute. Reversed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: March 7, 2024, Case #: 2024-Ohio-775, Categories: criminal Procedure
J. Seymour finds that the lower court properly convicted defendant of using her company, Odyssey International, to commit wire fraud and conspiracy. She claims there were errors in the jury instructions that should vacate her convictions, but in appealing her case, she has committed several procedural errors. She has repeatedly failed to "conform to the rules of appellate procedure" and has failed the "basic responsibility of an appellant" by not arguing a standard for review. All of her convictions stand as a result. Affirmed.
Court: 10th Circuit, Judge: Seymour, Filed On: March 5, 2024, Case #: 22-4122, Categories: criminal Procedure, Fraud
J. Gooch quashes this court's preliminary writ of mandamus ordering the lower court to conduct a preliminary hearing. There is good cause to continue the hearing based on a grand jury indictment charging defendant with two counts of rape. Defendant has not the state is engaging in a dual prosecution on the same charges, and the court made extensive findings to support its grant of a continuance.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: March 5, 2024, Case #: SC100369, Categories: criminal Procedure, Sex Offender
J. Menetrez finds that the trial court improperly denied defendant's motion to quash the state's subpoena seeking his case file in preparation for a resentencing hearing. The trial court must apply the factors in the appeal court's "Facebook Inc. v. Superior Court" opinion, which apply to subpoenas issued by both the defense and prosecution. That standard is used to determine if good cause exists to seek a defendant's entire case file, including medical and mental health records. Vacated.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: March 1, 2024, Case #: E081770, Categories: criminal Procedure, Sentencing, Sex Offender
J. Johnson finds that defendant was properly convicted of felony evading arrest or detention in a vehicle. The state penal code does not require proof that defendant "knew the attempted arrest or detention was lawful," despite his argument to the contrary. Though, a precept fee and time payment fee that were erroneously assessed to defendant are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: February 29, 2024, Case #: 10-21-00158-CR, Categories: criminal Procedure, Resisting Arrest, Vehicle
J. Mackey finds that the lower court properly convicted defendant of aggravated driving while intoxicated with a child passenger, driving while impaired by drugs, and drug possession based on evidence gathered during a traffic stop for using a cell phone while driving. Defendant contends the DWI charge should have been dropped because evidence did not indicate intoxication from alcohol, but in recognition of an apparent clerical error in citing the underlying law, that count was amended during trial without prejudicing defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 29, 2024, Case #: 112888, Categories: criminal Procedure, Dui
J. Lipinsky finds the lower court properly denied defendant's petition for postconviction relief from his murder and robbery convictions. The constitutional rule of criminal procedure announced by the Colorado Supreme Court in Margerum v. People that allows a defense team to question a prosecution witness about their probationary status when the witness is on probation at the time of the trial is not a watershed rule that affects bedrock principles and, therefore, it does not apply retroactively. Although defendant could not question the prosecution's lead witness about his own criminal prosecution, such a limitation did not affect the fundamental fairness of the trial or violate defendant's due process rights. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: February 29, 2024, Case #: 2024COA21, Categories: criminal Procedure, Constitution, Due Process
J. Gallagher finds the juvenile court properly transferred defendant's case to adult court. Although he was only 14 at the time he committed the murders, he had already failed to respond to counseling and interventions, had a violent criminal history and was the principal offender of the crime at issue, which involved shooting two victims in the back without any provocation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 29, 2024, Case #: 2024-Ohio-729, Categories: criminal Procedure, Juvenile Law, Murder
J. Aarons finds that defendant's appeal from the denial of his habeas request should be dismissed as moot. Defendant had absconded in 2015 and remained at large until he was charged with attempted murder in Illinois in 2017, for which he served a six-year sentence before being extradited to New York. Defendant objected to being held without bail pending a parole revocation hearing, but the issue was rendered moot when a revocation hearing occurred and he was returned to prison until 2030. Defendant's valid complaint that he had not been allowed to cross-examine a parole officer was not sufficiently novel to trigger an exception to the mootness doctrine.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 29, 2024, Case #: 535304, Categories: criminal Procedure, Habeas, Parole
J. Emas finds the trial court improperly denied defendant's motion for final discharge of three misdemeanor traffic offenses she faced for driving under the influence and driving under the influence causing property damage, which she moved for on speedy-trial grounds. The defendant's filing for writ of prohibition did not effectively delay her trial even if it could be considered an "appeal" under Florida rules of criminal procedure, so it did not trigger the 90-day speedy trial period. Defendant's petition for writ of prohibition is granted, and the case is remanded for the trial court to enter an order of final discharge of the misdemeanor offenses.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-1702, Categories: criminal Procedure, Dui, Vehicle
J. Windhorst finds that defendant was properly convicted of possession of a firearm by a convicted felon and resisting an officer. The restriction on defense counsel's closing statements was proper after the defense counsel attacked the criminal justice system in its entirety and alleged that “all of us have done something improper” in his initial closing statements. Defense counsel’s comments regarding the criminal justice system and additional facts of defendant’s previous convictions were not related to the evidence admitted in this case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: February 28, 2024, Case #: 23-KA-308, Categories: criminal Procedure, Firearms
J. Chutich affirms the Court of Appeals and the district court in the juvenile delinquency defendant's appeal arguing that the state cannot file more than one notice of intention to prosecute in juvenile delinquency proceedings. The state can file multiple such notices, and thereby extend a suspension of gross misdemeanor proceedings until a child found to be incompetent is restored to competency or ages out of juvenile jurisdiction, or until the state fails to file a timely notice. The Juvenile Rules Advisory Committee is also directed to propose amendments to the relevant rule that will "promote clear, consistent practice and procedures in these juvenile cases." Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: February 28, 2024, Case #: A22-0654, Categories: criminal Procedure, Juvenile Law, Sex Offender
J. Hunter vacates defendant's conviction for operating a vehicle while intoxicated, fourth or subsequent offense. In this case, defendant's third predicate conviction was not valid because he was not adequately advised of his Boykin rights at the time of the guilty plea. Defendant was not advised that he was entitled to a trial by jury for the 2013 offense. Therefore, this court enters a judgment of conviction for operating a vehicle while intoxicated, third offense. Vacated.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: February 28, 2024, Case #: 55,574-KA, Categories: criminal Procedure, Dui
J. Yohalem finds the trial court improperly refused to hear and summarily denied defendant's motion to dismiss drug charges on speedy trial grounds. Although the motion was filed on the eve of trial, the court had not imposed a scheduling order on the parties and filings regarding the constitutional rights of a criminal defendant must be heard absent intentional misconduct; therefore, the case will be remanded to allow the trial court to consider the merits of the motion. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: February 27, 2024, Case #: A-1-CA-40312, Categories: criminal Procedure, Speedy Trial
Per curiam, the Fourth Circuit upholds defendant’s conviction for two counts of using a firearm in relation to a violent crime. A violent crime in support of racketeering activity, committed with a dangerous weapon, is a valid crime-of-violence predicate for convictions such as defendant’s. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 27, 2024, Case #: 20-6767, Categories: criminal Procedure, Weapons, Racketeering
J. Easterbrook finds that the lower court properly rejected defendant's claim he was denied a speedy trial due to the general order that suspended criminal jury trials from March 2020 through April 2021 due to the Covid-19 pandemic. Social and epidemiological considerations permitted the delay of criminal jury trials during the pandemic and district judges may rely on institutional findings such as the general order without making defendant-specific findings in such circumstances. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 26, 2024, Case #: 22-2470, Categories: criminal Procedure, Jury, Speedy Trial
J. Poochigian finds that the trial court improperly redesignated defendant's murder conviction as a burglary conviction in response to his resentencing petition, and must redesignate it as an attempted robbery conviction. Robbery, not burglary, was the underlying felony of his felony-murder conviction. Reversed
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: February 26, 2024, Case #: F086065, Categories: criminal Procedure, Murder, Sentencing