356 results for 'cat:"Evidence" AND cat:"Murder"'.
J. Kemp finds that the trial court properly convicted defendant for murder and discharge of a firearm from a vehicle. The victim was found dead in his vehicle in his employer's parking lot after a co-worker saw that his window was shattered and that he had been shot. Defendant's vehicle, seen in security footage on the night of the murder, was found to contain a gun that ballistically matched a shell casing found near the victim's vehicle. Substantial evidence supports the convictions. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: May 30, 2024, Case #: CR-23-537, Categories: evidence, murder
J. Dickey finds the trial court properly allowed "other acts" evidence to be admitted during defendant's trial for the murder of his father. Allegations of theft and assault in the weeks leading up to the murder were indicative of a "decaying" relationship between defendant and the victim and, therefore, were admissible to prove motive. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dickey, Filed On: May 28, 2024, Case #: 2024-Ohio-2021, Categories: evidence, 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
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J. Easter finds that the trial court properly convicted and sentenced the defendant for felony murder and aggravated child abuse. Defendant alleges the evidence was insufficient to support his convictions, claims his sentence was excessive and the state violated the Brady obligations by not providing him defense counsel. The convictions and sentencing were supported by the evidence, however. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: May 22, 2024, Case #: M2023-01254-CCA-R3-CD, Categories: evidence, murder, Sentencing
J. Wicker finds that defendant was properly convicted of second-degree murder because the admission of other crimes evidence was proper to refute defendant's claim of self-defense. The obstruction of justice evidence in defendant's actions of disposing of the victim's body was relevant to show his guilty knowledge and to rebut the claim that he was acting in self-defense when the victim accidentally cut his own throat. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 22, 2024, Case #: 23-KA-353, Categories: 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. Zimmerer finds that defendant was properly convicted of capital murder of his son for an incident that occurred after he smoked marijuana and had an argument with his girlfriend. There was sufficient evidence for the jury to reject defendant's insanity defense, and the fact he was voluntarily intoxicated when he committed the offense does not excuse his conduct. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: May 21, 2024, Case #: 14-22-00699-CR, Categories: Competence, evidence, murder
J. Holloway finds the trial court properly convicted the defendant of premeditated murder. The defendant alleged the evidence was insufficient, requested a continuance, and claimed a juror was sleeping during the trial. The court upholds the conviction because the evidence supported it, the corut waives continuance and finds nothing about a sleeping juror on the record. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: May 21, 2024, Case #: W2022-01145-CCA-R3-CD, Categories: evidence, Jury, 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. Ervin-Knott finds that defendant was properly convicted of first-degree murder of a peace officer, possession of drugs, obstruction of justice, and attempted aggravated assault on a peace officer with a firearm. Defendant does not show that he should have been convicted of the lesser included offense of manslaughter because the surveillance footage shows that defendant shot the officer twice while he was on his knees and then shot the officer in the head as he was on the ground. The third shot shows defendant's specific intent to kill the officer. Further, the evidence does not support the contention that defendant was acting in self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: May 17, 2024, Case #: 2023-KA-0166, Categories: evidence, murder
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of murder under circumstances manifesting extreme indifference to the value of human life. Sufficient evidence supports the conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 16, 2024, Case #: 2024ND100, Categories: evidence, murder
J. Cavanagh finds that the lower court properly convicted defendant of murder for personally discharging a firearm that killed a woman and severely injured a man. The court reasonably allowed two detectives to offer lay opinion testimony identifying defendant was the shooter from the surveillance video. While there is no evidence showing the perpetrator disguised himself, defendant wore a Covid mask during some portions of the trial, and he may have changed his hairstyle from the style worn in the video. Further, the detectives had in-person contact with defendant in weeks prior to the shooting that made it more likely for them to clearly identify him as the person shown in the surveillance footage. Affirmed.
Court: Illinois Appellate Court, Judge: Cavanagh, Filed On: May 16, 2024, Case #: 230501, Categories: evidence, murder, Witnesses
J. Mead finds that the lower court properly convicted defendant of depraved indifference murder for the death of her son, who allegedly suffered "non-accidental injuries" to his internal organs hours before his death. Contrary to defendant's argument on appeal, the lower court did not err by admitting evidence of a prior bad act, as it was "highly relevant and probative to a central issue at trial." Also, she contends that the state improperly referred to "her lack of communication with the police," but the evidence was not a comment on her silence. Instead, it was focused on her effort to flee from the police. Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 16, 2024, Case #: 2024ME37, Categories: evidence, murder
J. Watkins upholds defendant's conviction for the murder of her 4-year-old child, who suffered a traumatic brain injury and was covered in multiple older injuries and scars. There was sufficient evidence to support the conviction and, contrary to defendant's argument, the state was not required to prove the child's death was caused by a deadly weapon. Affirmed.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: May 15, 2024, Case #: 04-23-00090-CR , Categories: evidence, murder, Child Victims
J. Alley finds a lower court did not err in admitting a confession and evidence obtained via in a warrantless search in the murder trial of a former Border Patrol agent accused of killing multiple women, especially targeting sex workers. Defendant “voluntarily waived his right to remain silent” when he told investigators during an interview that "he was ‘clean[ing] up the streets’ of Laredo,” and multiple legal theories support the authorities’ search of his vehicle. Most notably, they had probable cause for the search, as a purse belonging to a woman who escaped was “in plain view” on his truck's floorboard. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 15, 2024, Case #: 08-23-00025-CR, Categories: evidence, murder, Search
J. Johnson finds the trial court properly convicted defendant for murder based on sufficient evidence. Officers discovered the victim's body, shot in the face with a shotgun, inside the trailer after a 911 report. Defendant claimed the victim had broken into his residence, though officers saw that she was wearing socks and slippers with no dirt on them. Although defendant said he did not know the victim, it was later discovered he had recently met her on a dating website. Furthermore, testimony from defendant's ex-wife and work associate involving threats he had made about shooting them while pointing a gun at them was properly admitted. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 15, 2024, Case #: 09-22-00385-CR, Categories: evidence, Ineffective Assistance, murder
J. Sutton finds bodycam footage from a police officer that showed the victim of defendant's stabbing identify her as the culprit was sufficient to prove she was the perpetrator of the crime and to support her murder conviction. Meanwhile, although defendant initially requested a lawyer when she was detained, she told the police, "I'll still talk to you," and repeatedly acknowledged she was waiving her Miranda rights before her statement and interrogation; therefore, the trial court properly denied her motion to suppress. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sutton, Filed On: May 15, 2024, Case #: 2024-Ohio-1874, Categories: evidence, Miranda, murder
J. Connors finds that the lower court properly convicted and sentenced defendant for murder. On appeal, defendant argues that the lower court erred “by admitting evidence of the victim’s state of mind.” However, it was not an abuse of discretion for the court to allow the victim’s statements to a friend that she was afraid of defendant. Additionally, the lower court gave an “immediate instruction” regarding the burden of proof following a certain query by the prosecutor during closing argument. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 14, 2024, Case #: 2024ME35, Categories: evidence, murder
J. Holloway finds the trial court properly convicted the defendant of premeditated murder. The defendant alleged the evidence was insufficient, requested a new trial, and claimed the jury was not instructed properly. The court upholds the conviction because the evidence supported it, and the court sees no evidence that the jury was improperly instructed. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: May 14, 2024, Case #: E2022-01392-CCA-R3-CD, Categories: evidence, murder, Jury Instructions
J. Lawrence finds the trial court properly allowed the prosecution to present evidence of defendant's previous manslaughter convictions at his trial on a murder charge. The testimony, including that he previously disposed of a body on his property, was relevant to the current case and showed a "common plan" to hide a body following a murder. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-KA-1066, Categories: evidence, murder
J. Riedmann finds the trial court properly convicted defendant by plea agreement for second-degree murder and possession of a firearm by a prohibited person based on sufficient evidence. Defendant called 911, saying he was using CPR on a person with a gunshot wound. Defendant then reported the victim was dead, admitting he had shot her because she would not stop yelling. Officers discovered the victim with multiple gunshot wounds, later finding defendant at his brother-in-law's house pursuant to another 911 call. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-942, Categories: evidence, Firearms, murder
J. O'Neil finds a lower court improperly sentenced a defendant to second degree murder after he shot and killed a coworker inside of a vehicle. The State argued that it properly presented evidence in court concerning items located in the defendant's residence, which included firearms and ammunition, and that he is an unreasonable person. However, the defendant sufficiently showed in court that the government improperly submitted evidence that was harmless and prejudicial. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: May 13, 2024, Case #: 2 CA-CR 2023-64, Categories: evidence, Firearms, murder
J. Stacy finds the trial court properly convicted defendant for murder, conspiracy to commit murder and improper disposal of human remains. An online dating profile led investigators to defendant after the victim was reported missing. Cell phone activity, including text messages and location pings clearly linked defendant, her accomplice and the victim. Other evidence, including surveillance-video-documented purchases of items used in the dismemberment and disposal of the victim's body also supports the convictions. Statements made by the accomplice involving getting sexual gratification from torture and killing were properly admitted as related to the furtherance of the conspiracy. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: May 10, 2024, Case #: S-21-980, Categories: evidence, murder, Mayhem
J. Landau finds that the trial court properly admitted extraneous offense evidence during the guilt phase of defendant's murder trial. Evidence that defendant assaulted the murder victim's teenage son a few months before the murder had significant probative value that was not outweighed by the risk of unfair prejudice to defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 9, 2024, Case #: 01-23-00173-CR, Categories: evidence, murder, Sentencing
J. Hudson finds the trial court properly convicted defendant for capital murder, aggravated residential burglary, robbery and theft. Defendant was arrested after DNA evidence showed he was involved in an apartment break-in and murder. The court properly denied defendant's motion to exclude officer testimony involving fresh blood drops she saw that dried before being taken as evidence. Defendant thoroughly impeached the witness, and the jury was free to determine the weight held by the officer's testimony. The testimony was properly admitted, as the officer's opinion was based on her experience as a crime-scene specialist. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: May 9, 2024, Case #: CR-23-710, Categories: Burglary, evidence, murder