345 results for 'cat:"Evidence" AND cat:"Murder"'.
J. Dorrian finds that while the victim gave defendant permission to use his car prior to the shooting, defendant's robbery conviction was supported by sufficient evidence. The victim clearly could not give consent to allow defendant to drive the car after he was shot and killed. Meanwhile, eyewitness testimony from the victim's stepdaughter that she saw defendant shoot the victim at point-blank range shortly after the two exited the vehicle was sufficient to support the aggravated murder conviction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: December 21, 2023, Case #: 2023-Ohio-4671, Categories: evidence, murder, Robbery
J. Musseman finds the trial court properly convicted defendant for first-degree murder and shooting with the intent to kill. The introduction of the medical examiner's report and toxicology report, though they do not fall under the hearsay exception, did not substantially affect the outcome of the case. Photographic lineups were not impermissibly suggestive and did not give rise to a likelihood of misidentification, and no ineffective assistance by counsel is found. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: December 21, 2023, Case #: F-2021-692, Categories: evidence, Ineffective Assistance, murder
J. Stiglich finds the trial court properly convicted defendant for conspiracy and murder with the use of a deadly weapon. Defendant suspected the victim had a romantic relationship with his girlfriend, and he and an accomplice went to the girlfriend's apartment complex and shot the victim to death. The admission of text messages not proven to have been written by defendant was harmless error, particularly in light of defendant's confession and other evidence supporting the conviction. Defendant and the accomplice's defenses were not mutually exclusive and so there was no error in the trial court's denying defendant's motion to sever the cases. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 19, 2023, Case #: 83972, Categories: evidence, murder, Weapons
J. Pirtle finds the lower court properly denied the 15-year-old defendant's motion to waive jurisdiction to the juvenile court. Defendant was charged with attempted murder, assault and use of a deadly weapon to commit a felony for stabbing the 15-year-old victim. Although defendant has no criminal history, factors weigh in favor of the lower court's retention, including defendant's stated desire to kill people, his choice of a random victim and his statement that stabbing him "kind of felt nice." Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 19, 2023, Case #: A-23-581, Categories: evidence, Juvenile Law, murder
J. Ishee finds the lower court properly convicted defendant of first-degree murder for stabbing his girlfriend to death while he was allegedly under the influence of drugs. The victim was beaten extensively and stabbed so many times that the medical examiner was unable to determine an exact count. Defendant argues body camera and photographic evidence should not have been allowed and was prejudicial, but the lower court clearly outlined the probative value of the evidence and its value to the jury in determining the nature and intent of the act. Evidence is sufficient to support defendant’s conviction and life sentence, and the instant court finds no abuse of discretion by the lower court. Affirmed.
Court: Mississippi Supreme Court, Judge: Ishee, Filed On: December 14, 2023, Case #: 2022-KA-00617-SCT, Categories: evidence, murder
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J. Golemon finds the trial court properly convicted defendant for murder based on sufficient evidence. After an altercation during a night of drinking, the employee killed his boss by running over him with a pickup truck. Multiple people witnessed the events, including the victim's and defendant's family members. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: December 13, 2023, Case #: 09-22-00027-CR, Categories: evidence, murder
J. Thyer finds the trial court properly convicted defendant for murder based on sufficient evidence. The mother testified she left her 17-month-old child with defendant while running errands, following which she found her child unresponsive, defendant sweating, a hole in the living room wall and a broken bathroom sink. Though defendant claimed the child had choked on a grape, a CT scan revealed a skull fracture and no evidence of choking. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 13, 2023, Case #: CR-23-126, Categories: evidence, murder, Child Victims
J. Wilson finds a lower court properly sentenced a defendant to life in prison for first- degree felony murder and aggravated assault on a police officer. The defendant argued that he was not able to stand trial based on his psychiatric ailments. However, the government presented sufficient evidence in court that an expert found him competent, despite his unpredictable behavior. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 125,254, Categories: evidence, murder, Sentencing
J. Campbell finds the lower court properly convicted defendant of first degree premeditated murder, first degree felony murder and especially aggravated burglary for stabbing his estranged wife to death with a butcher knife. The lower court did not abuse its discretion in ordering consecutive sentencing and evidence is sufficient to support his convictions and sentence to life plus twelve years. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: December 8, 2023, Case #: M2022-01751-CCA-R3-CD, Categories: evidence, murder, Sentencing
J. Webb finds the trial court properly convicted defendant for first-degree murder, aggravated residential burglary and second-degree battery based on sufficient evidence. The 11-year-old daughter of a resident testified she was sleeping when defendant kicked in the door, following which she heard gunshots and screaming. Her father sustained a head wound and another resident was shot and killed. Other witnesses corroborated the testimony and evidence was found being held by defendant's associates, including the gun used in the shooting. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 7, 2023, Case #: CR-23-102, Categories: evidence, murder, Assault
J. Fox finds the trial court erroneously excluded evidence of defendant's mental illness during her trial on murder and vehicular homicide. The evidence was crucial to the defense's explanation of her calm affect following the incident and was supported by the testimony of an expert witness. Testimony that defendant had previously been diagnosed with a mental illness and failed to take her medications in the days leading up to the incident would not have supported an insanity plea, but rather were indicative of her mental state and should have been admitted by the court. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: December 7, 2023, Case #: 2023COA115, Categories: evidence, murder, Experts
J. Hiland finds the trial court properly convicted defendant for first-degree murder and sentenced him to life imprisonment. After defendant learned his sister had accused his best friend of raping her, he shot the friend multiple times, killing him. Defendant admitted this to his wife and was arrested after requesting a lawyer through his squad leader in the Arkansas National Guard. The record has been examined for all objections, motions, and requests made by either party decided adversely to him and no prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: December 7, 2023, Case #: CR-23-72, Categories: evidence, murder, Due Process
J. Ortego finds that defendant was properly convicted of second-degree murder in a cold case, where defendant was arrested fifteen years after the victim's body was discovered in an abandoned building near I-10 in Winnie, Texas. There was sufficient evidence for the jury to find the victim died from homicide by asphyxiation and that defendant committed the offense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: December 6, 2023, Case #: KA-23-115, Categories: evidence, murder, Experts
J. Buller finds that defendant was properly convicted of first-degree murder because evidence demonstrated defendant willfully ran over the victim with his truck after they got in a fistfight in a bar. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: December 6, 2023, Case #: 22-0299, Categories: evidence, murder
J. Collins finds that the district court properly denied defendant's second federal habeas corpus petition seeking to set aside his Idaho conviction for the 1984 shooting death of his ex-wife. New materials, viewed in light of the evidence as a whole, did not suffice to make a required showing of actual innocence. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: December 4, 2023, Case #: 20-35875, Categories: evidence, Habeas, murder
J. Miller finds the trial court did not preclude defendant from presenting a full defense when it denied his motion to allow certain witnesses to testify about the victim's violent behavior. Defendant testified about prior assaults and verbal confrontations when he took the stand; therefore, any additional testimony would have been duplicative. Meanwhile, the trial court properly denied defendant's request for expert witness funds because he failed to provide parameters for the scope of the expert's testimony or show a particularized need for such evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: December 4, 2023, Case #: 2023-Ohio-4360, Categories: evidence, murder, Experts
J. Heavican finds the trial court properly convicted defendant for first-degree murder after he shot his stepmother multiple times. The jdury instructions involving the state's burden of proof of intoxication do not indicate a miscarriage of justice, and the charge of first-degree murder was properly considered. The record is insufficient on other issues, including claims of ineffective assistance. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: December 1, 2023, Case #: S-22-855, Categories: evidence, murder, Sentencing
J. Mansfield finds that defendant was properly convicted of attempted murder for shooting his former girlfriend because the failure to admit a video illustrating defendant's mental state would not have bolstered the diminished capacity defense.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: December 1, 2023, Case #: 21-1617, Categories: evidence, murder
J. Mays finds the trial court did not prejudice the jury against defendant when it informed the jurors about grand jury proceedings and used the phrase "more likely than not that a defendant did commit the crime." The court followed that phrase with an appropriate explanation of probable cause and reiterated to the jury defendant was innocent until proven guilty. Meanwhile, text messages that implicated defendant in both robberies and her admission to police that she shot the victim "because she was scared" was sufficient to convict her of all the crimes with which she was charged. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: November 30, 2023, Case #: 2023-Ohio-4306, Categories: evidence, Jury, murder
J. Wright finds the trial court properly convicted defendant for capital murder. Though defendant pleaded not guilty by reason of insanity to beating his 2-year-old daughter to death with a hammer, objecting to the admission of evidence of voluntary intoxication, his insanity plea allowed for the rebutting evidence of voluntary intoxication. That he admitted to officers after his arrest that he was aware of what he did and that he knew it was wrong also successfully rebuts the insanity defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: November 29, 2023, Case #: 09-21-00273-CR, Categories: evidence, murder, Due Process
J. Kyzar finds that defendant was properly convicted of second degree murder for the shooting of a victim found in a motel parking lot. The motel surveillance footage and other evidence was sufficient to show "beyond a reasonable doubt" that defendant committed the offense and had not acted in self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 29, 2023, Case #: KA-23-313, Categories: evidence, Firearms, murder
J. Jensen finds that the district court properly entered judgment after defendant was convicted of first-degree manslaughter for the death
of her boyfriend. Defendant was sentenced to forty years in prison with twenty years suspended but argued that insufficient evidence supported conviction. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen , Filed On: November 29, 2023, Case #: 2023SD62, Categories: evidence, murder, Sentencing
J. Fader finds the lower court abused its discretion when it allowed evidence of defendant’s prior bad acts to be considered in this case of alleged murder and child abuse. Evidence was entered showing defendant pleaded guilty to child abuse resulting in the death of his infant son five years prior. Despite his objection, the lower court allowed the evidence and defendant now argues it should have been excluded. Because the State failed to sufficiently show any other reason for the evidence, other than demonstrating defendant’s propensity to commit the alleged crime, it is a violation of Maryland Rule 5-404(b), and should have been disallowed. The matter is remanded for a new trial. Reversed.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: November 28, 2023, Case #: 2/23, Categories: evidence, murder, Child Victims
[Consolidated.] J. Clark finds that the lower court properly convicted defendant of murder and tampering with evidence in the death of two women based on witness and expert testimony and statements defendant allegedly made to other inmates while incarcerated. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 22, 2023, Case #: 110765, Categories: evidence, murder
J. Gremillion finds that defendant was properly convicted of first degree murder for the shooting deaths of two victims who were found deceased in a car off the side of the road. There was sufficient evidence to connect defendant to the murders, including witness testimony and his own incriminating statements. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: November 22, 2023, Case #: KA-23-298, Categories: evidence, murder, Sentencing
J. Welbaum upholds defendant's murder convictions based on sufficient evidence. Cell phone data showed he and the victim in the same location on the day of the shooting, while testimony showed defendant tried to sell a 9mm handgun - the same caliber used to kill the victim - the day after the killing. Furthermore, the trial court properly allowed numerous photos of the victim's body to be admitted into evidence because each photo served a distinct purpose, including the angle of the body in relation to bullet holes in an adjacent wall and where blood pooled after the shooting. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: November 22, 2023, Case #: 2023-Ohio-4204, Categories: evidence, murder
J. Ayers finds the lower court properly convicted defendant of second degree murder for the death of his spouse. Defendant killed his wife and disposed of her body in a wooded area across the street from the apartment they shared with their children. The victim died from multiple sharp force injuries, blunt force injuries and strangulation. Defendant told the responding officer he was responsible for killing his wife. Evidence is sufficient to support his conviction and sentence of 25 years to be served at 100 percent, as enhancements were applied due the extreme nature of the crime, his history of criminal behavior and his status as an illegal immigrant. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: November 22, 2023, Case #: E2023-00357-CCA-R3-CD, Categories: evidence, murder, Sentencing