8 results for 'cat:"Criminal Procedure" AND cat:"Evidence" AND cat:"Murder"'.
J. Lawrence finds that the lower court properly convicted and sentenced defendant for intentional or knowing murder pursuant to a conditional guilty plea. On appeal, defendant contends that the lower court erred by denying his suppression motion in connection with evidence "obtained from an allegedly unlawful traffic stop and subsequent search of his home without a warrant." However, the traffic stop was not unlawful, as it was supported by "reasonable, articulable suspicion," based on the police officer's observation of an inoperable license plate light. Also, the warrantless entry was justified, as there were two children asleep in the home, with no adults. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: May 23, 2024, Case #: 2024ME42, Categories: criminal Procedure, evidence, murder
J. Lawrence finds defendant waived any argument regarding the prosecution's questioning about previous domestic violence indictments when his attorney failed to object during trial and when he failed to advance any meaningful argument during this appeal. Therefore, his claim regarding the admission of prior acts evidence is meritless and his murder convictions will be upheld. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 21, 2024, Case #: 2023-KA-523, Categories: criminal Procedure, evidence, murder
J. Stevens finds that the trial court improperly denied Pennsylvania’s request to present an accident reconstructionist’s testimony contradicting defendant’s story that his late wife's drowning and subsequent death was accidental. The reconstructionist testified that defendant’s version of the events — that his wife, who he had been cheating on, circumstantially drowned after they flipped off of an ATV while riding through a creek — was not possible because, if he was also on the ATV when it flipped, defendant would have experienced significantly more injuries than he did. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: May 17, 2024, Case #: J-A27041-23, Categories: criminal Procedure, evidence, murder
J. Hart finds misjoinder of criminal offenses is reviewed under "plain error" analysis and that, even if a trial court improperly allowed numerous charges to be tried at the same time, it is not a structural error that requires reversal of a defendant's convictions. In this case, while evidence of defendant's drug charges may have persuaded the jury he was inclined to commit crimes, the error was harmless as it pertained to his murder charge because of the overwhelming evidence in support of that charge, including that he went to his backpack to retrieve a gun before he shot the victim following a scuffle. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: May 6, 2024, Case #: 2024CO26, Categories: criminal Procedure, evidence, murder
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J. Kellum finds that the lower court properly denied the state relief on certain pretrial matters in this capital murder case. There was no error in excluding a fire report or the testimony of a former police officer. However, the issue regarding the outcome of the codefendant's trial is not properly before the court, and that part of the appeal is due to be dismissed. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: August 18, 2023, Case #: CR-2022-1003, Categories: criminal Procedure, evidence, murder
J. Kellum remands this case to the lower court to allow the defendant to present evidence in support of his claim regarding a prior Rule 32 petition, which challenged his conviction and sentence for felony murder. He argues that he failed to appeal the dismissal of the prior petition "through no fault of his own." The court concludes that the current petition is not successive and that he is entitled to present his evidence.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: August 18, 2023, Case #: CR-2023-0287, Categories: criminal Procedure, evidence, murder
J. Waite finds that evidence supports defendant's murder and related charges for a car shooting that killed three people, including a 3-month-old baby and his mother. Defendant admitted to being at the scene of the crime, it was proven through text messages he and a co-defendant planned to kill the victim to collect a $10,000 bounty, and text messages sent after the killing could reasonably be interpreted by the jury to mean the "job" had been completed. Meanwhile, the trial court properly granted the state's motion to try both defendants together because their defenses were very similar and they did not blame each other or act as an extra prosecutor during proceedings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: July 12, 2023, Case #: 2023-Ohio-2375, Categories: criminal Procedure, evidence, murder