640 results for 'cat:"Criminal Procedure"'.
J. Bacharach finds that the federal district court incorrectly granted habeas relief to defendant, who was convicted of manslaughter and leaving the scene of a fatal accident. Defendant’s convictions were vacated after a change in precedent, but the appellate court later ruled that the change in precedent did not apply retroactively. When the state appellate court reinstated defendant’s convictions, the federal district court granted her habeas relief after finding that the reinstatement was an arbitrary deprivation of her liberty interest. The state appellate court’s decision “rested on a reasonable applications of the facts and Supreme Court holdings” and the federal district court “should have deferred to the state appeals court.” Reversed.
Court: 10th Circuit, Judge: Bacharach, Filed On: May 17, 2024, Case #: 23-5069, Categories: criminal Procedure, Manslaughter
J. Gonzalez finds that the lower court improperly convicted a man of illegally hunting a deer in 1924. The man was a citizen of the Yakama Nation, and after the case was brought back by a descendant of the man, it is clear that a treaty between the United States and the Yakama Nation gave the man and his people a right to hunt and fish on their land. The deer hunt in question happened on Yakama land, and he was improperly convicted as a result. Vacated.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: May 16, 2024, Case #: 20439-0, Categories: criminal Procedure
J. James finds the Appeals Court erred by ruling defendant’s assignment of error was preserved. “The preemptive objection in this case did not serve the practical interests of preservation with respect to the arguments raised on appeal.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: May 16, 2024, Case #: S070410, Categories: criminal Procedure, Firearms
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J. Petrou finds that an order for involuntary antipsychotic medication expired so defendant's appeal is moot, but the trial court erred in holding that she was not entitled to writ review of the order. A defendant found incompetent to stand trial has a liberty interest that supports the interim judicial review of temporary involuntary antispychotic medication orders. Neither administrative court proceedings nor a mandatory involuntary medication hearing within 18 days of a doctor's certification for involuntary medication constitute adequate judicial review. Reversed in part.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: May 14, 2024, Case #: A167272, Categories: criminal Procedure, Competence
J. Yohalem finds the trial court erroneously granted defendant's motion to enforce a plea agreement revoked by the state on the eve of trial. Even though the state's actions caused a delay of several months, defendant was not prejudiced by the delay and the court could not apply the "detrimental reliance" exception. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: May 14, 2024, Case #: A-1-CA-40501, Categories: criminal Procedure, Plea
J. Baker holds that defendant failed to preserve his claim that the trial court improperly denied his motion to dismiss since he subsequently made a deal to plead guilty to criminal endangerment. Claims of pretrial error are not automatically appealable after a plea and the right to appeal pretrial rulings must be expressly reserved during the plea process. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 14, 2024, Case #: DA 21-0648, Categories: criminal Procedure, Dui, Plea
J. McCarty finds that while there was no evidence of judicial bias, the trial court was barred from presiding over defendant's postrelease control revocation hearing because he had prosecuted the underlying criminal case prior to being elected. The judge's impartiality is not at question; however, his involvement in a previous portion of the case disqualified him from further participation and, therefore, the case must be remanded for a new hearing in front of a different judge. Reversed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: May 14, 2024, Case #: 2023-CP-200, Categories: criminal Procedure, Drug Offender, Judiciary
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1849, Categories: criminal Procedure, Drug Offender, Discovery
J. Zimmerman finds the trial court improperly dismissed the state's indictment on drug trafficking charges against defendant. The discovery evidence of a tentative understanding between the state and a confidential informant did not constitute an agreement that hindered the defense or prejudiced defendant's ability to defend himself against the charges. Additionally, the discovery evidence was available to defendant at all times and so there was no attempt by the state to withhold or conceal evidence. Reversed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 13, 2024, Case #: 2024-Ohio-1848, Categories: criminal Procedure, Drug Offender, Discovery
J. Welbaum finds the trial court properly denied defendant's motion to merge his robbery and theft convictions for sentencing purposes. Although they involved the same incident of shoplifting, the theft occurred when he initially left the store, while the robbery took place as he fled from security and drove away in his vehicle. Meanwhile, the distinctive clothing worn by defendant when he was arrested and identified by the store employee, as well as merchandise found in defendant's home that matched items stolen from the store, was sufficient for the jury to convict him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 10, 2024, Case #: 2024-Ohio-1801, Categories: criminal Procedure, Evidence, Robbery
J. Beck finds that the lower court improperly sentenced defendant following his guilty plea to driving under the influence of alcohol. His DUI conviction should not be treated as his third offense in 10 years for sentencing purposes based on his prior conviction in Ohio, for physical control of a vehicle while under the influence, that was improperly classified as substantially similar to Pennsylvania’s offense of a DUI. Vacated.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 9, 2024, Case #: J-A06036-24, Categories: criminal Procedure, Sentencing, Dui
Per curiam, the Supreme Court of Ohio finds the lower court properly granted the judge's motion for summary judgment on the inmate's petition for a writ of mandamus to vacate his criminal convictions. His claim regarding an unsigned affidavit had been rejected by two other courts and, therefore, was barred by res judicata. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 9, 2024, Case #: 2024-Ohio-1753, Categories: criminal Procedure, Judiciary
J. Perry dismisses the state's appeal of the trial court's decision to grant defendant's application for post-conviction relief related to his conviction of murder in 1995. The state asked for an extension and had until Apr. 10, 2024 to file a response, but the state did not do so until Apr. 18, 2024. A ruling on a post-conviction relief application is not appealable, but the state may still file an application for supervisory writs within 30 days of this decision.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: May 8, 2024, Case #: KA-24-44, Categories: criminal Procedure, Murder
J. Mead finds that the lower court properly convicted defendant following a jury trial for “hunting a deer after having killed one,” as well as unlawful possession of wild animals. On appeal, he fails to show that the charge for possession of wild animals was barred under double jeopardy principles. Additionally, the matter is remanded for reconsideration of a stay order. The lower court had “the authority to order the original stay” and should decide whether to reinstate it. Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 7, 2024, Case #: 2024ME33, Categories: criminal Procedure, Sentencing, Double Jeopardy
J. Torbitzky finds that the lower court properly refused to expunge one criminal conviction, after expunging another. Defendant failed to demonstrate his two convictions were part of the same course of criminal conduct, even if he pleaded guilty in each case and was sentenced on the same day. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 7, 2024, Case #: ED111779, Categories: criminal Procedure