63 results for 'cat:"Threats"'.
J. Restrepo finds that the district court properly conducted a trial and sentencing of defendant for threatening to assault FBI agents over social media. Under the context of the indictment, defendant’s posts can be understood as constituting threats. Additionally, while the courtroom was closed during portions of the trial’s voir dire proceeding, it was only closed for portions of the proceeding. Affirmed.
Court: 3rd Circuit, Judge: Restrepo, Filed On: September 20, 2024, Case #: 22-2983, Categories: Criminal Procedure, threats, Terrorism
J. Menashi finds that the district court properly convicted defendant of making death threats against Fox News personalities and two elected U.S. officials. Deliberating with just 11 jurors was not improper in itself, but failing to secure stipulation to that alteration constituted harmless error. Affirmed.
Court: 2nd Circuit, Judge: Menashi, Filed On: September 6, 2024, Case #: 22-1289, Categories: Jury, threats
J. Washington finds that the lower court properly convicted defendant on a misdemeanor charge of attempted threats. On appeal, he contends that he "acted in defense of his property." However, the evidence shows that the trespassers had already "left peacefully" when the alleged threat was made outside defendant's home. Affirmed.
Court: DC Court of Appeals, Judge: Washington, Filed On: August 29, 2024, Case #: 23-CM-0171, Categories: Evidence, threats
J. Welch finds the trial court properly convicted defendant for making terroristic threats, use of a deadly weapon and possession of a firearm by a prohibited person. Defendant was arrested after his girlfriend made a 911 call during which gunshots could be heard. Body camera footage showing defendant in possession of multiple firearms, as well as spent shell casings matching one of his guns, supports the conviction. The 911 call recording to which the jury had access was substantive evidence and not testimonial. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: August 20, 2024, Case #: A-23-628, Categories: Evidence, threats, Weapons
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Williamowski finds defendant's speedy trial rights were not violated by a delay between his arrest and trial. The delay was caused by a continuance required after defendant notified the court of his intent to plead not guilty by reason of insanity, which prompted a competency hearing. Meanwhile, the fact that defendant did not attempt to carry through on his threats to shoot police officers was irrelevant because the charges of making terroristic threats require only that an individual intended to have a certain effect on the listener, not the likelihood the individual commits the action. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: August 12, 2024, Case #: 2024-Ohio-3060, Categories: Competence, threats, Speedy Trial
J. Christopher finds the trial court properly convicted defendant for making a threat to kill a judge. The state presented evidence defendant called a law firm and said he would kill a judge involved in a separate criminal proceeding. Though counsel presented a defense focusing on defendant's belief the judge was a “shape shifter,” the jury rejected the mental health theory. Evidence shows defendant communicated he intended to kill the judge. The communication was not privileged, and the trial court properly allowed its admission. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher , Filed On: August 8, 2024, Case #: 14-23-00487-CR, Categories: Competence, Evidence, threats
J. Sykes finds the district court properly convicted and sentenced defendant for bank robbery. Defendant pleaded guilty to two counts of bank robbery and one count of attempt, stipulating to six additional robberies as relevant conduct. The judge increased defendant's offense level after establishing he had a made a death threat during one of the robberies. Defendant says the government promised not to pursue the threat enhancement but reneged. The judge correctly rejected this claim based on the plain terms of the plea agreement and defendant's statements. Circuit precedent holds that bank robbery qualifies as a violent crime under career-offender guidelines. Affirmed.
Court: 7th Circuit, Judge: Sykes , Filed On: August 7, 2024, Case #: 21-2785, Categories: Robbery, Sentencing, threats
Per curiam, the appellate division found that the lower court properly determined that defendant committed the family offenses of harassment and disorderly conduct against his ex-wife and children. A fair preponderance of the evidence presented during the hearing supported the inclusion of the children as protected persons in the order of protection, which was deemed necessary for their safety. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 7, 2024, Case #: 04140, Categories: Evidence, threats, Harassment
Per curiam, the appellate division properly denied a New York State court officer's request to have his firearm privileges reinstated and returned. His gun rights were revoked after being arrested for threatening another driver. The Office of Court Administration confiscated his service and personal firearms and banned him from using them at work. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 7, 2024, Case #: 04145, Categories: threats, Weapons
J. Welch finds the trial court properly convicted defendant by plea deal for possession of a firearm by a prohibited person and terroristic threats based on sufficient evidence. The record shows defendant entered the home of his ex-girlfriend, using a firearm to prevent her from leaving her basement. He also punched her and threatened to harm her son and mother, who were present at the home. The sentences were imposed within guidelines and defendant's claims of ineffective assistance are refuted by the record. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: August 6, 2024, Case #: A-23-717, Categories: Firearms, Sentencing, threats
J. May affirms that the state presented sufficient evidence to support defendant's two convictions of intimidation with a deadly weapon directed at one victim. Defendant “communicated a threat against [the victim], thereby committing a second count of Level 5 felony intimidation with a deadly weapon.” Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: August 2, 2024, Case #: 23A-CR-02973, Categories: Firearms, threats
Per curiam, the circuit finds the district court properly denied defendant's request for unconditional pretrial release. While awaiting trial for cyberstalking and interstate communication of a threat, defendant was granted pretrial release on conditions including a $50,000 bond, no access to a computer, GPS monitoring, and submission to mental evaluation and treatment. This is due to his criminal history of assault, resisting arrest, violating a restraining order, stalking, and threatening a crime with intent to terrorize. Defendant's multiple failures to appear and his history of threats support the release conditions. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 11, 2024, Case #: 23-50917, Categories: Bail, threats
J. Adams finds that the trial court properly convicted defendant under the "coercion of a public servant statute" for sending a text to former state representative Gina Calanni stating that she should resign or he would reveal her sexual relationship with a staffer. The state presented sufficient evidence for the jury to reasonably determine that the message constituted a "threat." Affirmed.
Court: Texas Courts of Appeals, Judge: Adams, Filed On: July 11, 2024, Case #: 01-22-00800-CR, Categories: threats
Per curiam, the circuit finds the trial court properly convicted defendant by guilty plea for sending interstate threatening communications. Defendant made certain threats on social media, and his guilty plea was voluntarily and knowingly entered. That political rhetoric accompanied the threat provides no constitutional shield. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 10, 2024, Case #: 23-10851, Categories: Constitution, threats, Plea
J. Heavican finds the district court properly denied defendant's request the state return certain seized property. Defendant was convicted of false imprisonment, terroristic threats, use of a weapon to commit a felony, and possession of a weapon by a prohibited person. The events leading to his arrest were recorded by his own in-home security cameras. The court properly allowed the state to retain the DVR and its original contents in the event the evidence was needed for a future trial or related proceeding. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: July 5, 2024, Case #: S-23-552, Categories: threats, Weapons, Property
J. Van Tine finds that the lower court improperly convicted defendant of violating a protective order after he pleaded guilty. The trial court erred by failing to admonish defendant he had a right to be appointed counsel to file a motion to vacate his guilty plea. Reversed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: June 26, 2024, Case #: 220586, Categories: threats, Plea
J. Gibbons finds the trial court properly convicted defendant for two counts of intimidating a public officer. The Marine Corp veteran defendant, diagnosed with post-traumatic stress disorder, posted internet podcasts containing threats directed at the county's DA and County Sheriff. Defendant says his constitutional protection against unreasonable search was violated because a search of his phone took more than ten days. The appeals court maintains the precedent of other courts in interpreting the relevant statute as referring to a search period beginning when an item is seized rather than when the warrant is issued. The jury was properly instructed as to defendant's subjective intent to communicate a threat, and sufficient evidence supports the court's compelling of a psychological exam. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: June 20, 2024, Case #: 86911-COA, Categories: Search, threats, Jury Instructions
J. Cradle finds defendant's conviction for threatening was supported by sufficient evidence, including bodycam footage from a police officer that showed defendant yell at the officer, "you're going to get a bullet in the head" and "I'll go to jail, I don't give a shit," which a reasonable person would have taken as a legitimate threat of violence and defendant's willingness to accept the consequences of a potential assault. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: June 14, 2024, Case #: AC46170, Categories: Evidence, threats
J. Harris finds the trial court partially erred in summarily denying defendant's post-conviction motion after he was found to have violated his probation a year after serving 11 months in jail for writing threats to kill or cause bodily harm. In part because there is not enough in the record of the trial court's order to expressly refute defendant's claims that his counsel was ineffective because he failed to argue that the threatening letter at the center of the case was actually a forgery and because defendant's no-contest plea was involuntary, the trial court's order is reversed on these two grounds. The order is affirmed as to defendant's meritless argument that he should not have been prosecuted in Lake County because he was charged with threatening one of the county's judges and that his counsel should have moved to disqualify the presiding judge. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: June 7, 2024, Case #: 23-3374, Categories: Ineffective Assistance, threats
J. Klingensmith finds that the trial court improperly convicted defendant of the misdemeanor charge of threatening serious bodily harm to a sheriff's officer since the court should not have denied defendant's request to backstrike a prospective juror. Reversed.
Court: Florida Courts Of Appeal, Judge: Klingensmith, Filed On: May 29, 2024, Case #: 4D2023-2526, Categories: Jury, threats
J. Lynch finds that the district court improperly excluded statements in which defendant allegedly threatened postal service employees when he learned in a phone call with state labor representatives that his short stint as a postal worker did not qualify him for unemployment benefits because defendant's references to his own criminal record were probative of intent, and any prejudice in revealing past bad acts could have been reduced through limiting instructions. Reversed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 28, 2024, Case #: 23-6790, Categories: Evidence, threats, Jury Instructions
J. Pryor finds that the district court properly imposed two conditions of supervised release requiring defendant to make financial disclosures to the probation office and prohibiting him from visiting three federal courthouses or calling court facilities after defendant pleaded guilty to threatening to assault and murder a federal magistrate judge and a courtroom deputy. Defendant made a phone call threatening to hang everyone in the courthouse and saying he was going to "show you what bloodshed looks like." The stay-away order is not vague or overbroad and it does not unfairly burden defendant's right to access the federal courts. Defendant can still conduct court business without visiting courthouses in person or calling court facilities. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: May 22, 2024, Case #: 23-10266, Categories: Sentencing, threats
J. Harrison finds the trial court properly convicted defendant for threatening a judicial official and making harassing communications based on sufficient evidence. After the judge issued an arrest warrant for defendant in another case, he received an email known to belong to defendant in which he called the judge names, and a voicemail in which defendant said "I’m going to come to your house sometime in the very near future. So, if you don’t want that to happen, you should call me back.” Though defendant asked for a directed verdict, he did not offer the court any reason to grant one. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CR-23-506, Categories: Evidence, threats
J. Moore finds the trial court properly convicted defendant by plea agreement for possession of a firearm by a prohibited person, making terroristic threats, operating a motor vehicle to avoid arrest and driving while under suspension. Defendant was arrested after he called the sheriff's department threatening to kill his mother, making additional threats to law enforcement and other civilians. Sufficient evidence supports the convictions, though the court committed plain error by sentencing defendant to determinate sentences, rather than indeterminate sentences on three of the four counts. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 14, 2024, Case #: A-23-826, Categories: Evidence, Firearms, threats
J. Kennedy finds that the lower court properly found defendant guilty of the nonconsensual dissemination of private sexual images depicting bondage. The image depicted the victim, defendant's subordinate at work and former lover, wearing a bra and underwear with arms outstretched and wrists fastened with fabric to a curtain rod. The state sufficiently proved that the image qualifies as showing a person engaged in sexual activity, even if the victim testified that she could easily escape the fabric bonds and did not show her deriving sexual pleasure. Further, defendant's message in response to the victim's sending of the picture clearly showed he was well aware of the sexual nature of the photo. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: May 13, 2024, Case #: 230043, Categories: Sex Offender, threats
J. Decker finds a lower court did not err in convicting defendant of threatening to damage a building. Defendant raised a number of issues on appeal, including a challenge to the admissibility and sufficiency of the evidence against him, but regardless of defendant’s mental state at the time, the lower court did find that he had made a “true threat.” Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: May 7, 2024, Case #: 1805-22-4, Categories: Constitution, Evidence, threats
J. Grasz finds a lower court properly convicted a defendant for possession of cocaine with intent to distribute. The defendant, a wholesale cocaine dealer, argued that law enforcement was not entitled to obtain a tracking warrant for his vehicle and warrants for an apartment and a music studio. However, the government presented sufficient evidence in court that an informant sold drugs to the defendant's runner, who began cooperating with authorities, which resulted in the defendant making threats over Facebook, claiming he would get his hands on the trial witness list and send it to "unknown actors in Mexico." Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 2, 2024, Case #: 23-2364, Categories: Drug Offender, Evidence, threats