30 results for 'cat:"Assault" AND cat:"Domestic Violence"'.
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault and strangulation. The court did not deny defendant his right to a speedy trial since the time periods in question were excluded as a reasonable time in which the state could respond to defendant's filings. The evidence also supported the finding that defendant was the initial aggressor and that prior uncharged acts of domestic abuse were relevant to prove motive and intent. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02379, Categories: assault, domestic Violence, Speedy Trial
J. Witt finds that the lower court properly denied defendant's post-conviction motion alleging his counsel was ineffective for failing to request a self-defense instruction. The jury reasonably found defendant was the initial aggressor in the altercation, and was therefore not entitled to use deadly force to defend himself. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: April 30, 2024, Case #: WD86050, Categories: assault, domestic Violence, Self Defense
J. Mortensen finds that the lower court properly convicted defendant of aggravated assault and domestic violence in the presence of a child. Defendant’s wife reported to police that defendant assaulted her in front of their five children, but later recanted her statement and asserted her Fifth Amendment right 47 times at trial. Defendant argues that hearing the invocations over and over prejudiced the jury, but he did not object to the invocations prior to appeal. Also, his argument of ineffective assistance of counsel fails, as what defendant views as error by counsel would not have impacted the outcome of the trial. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220006-CA, Categories: Ineffective Assistance, assault, domestic Violence
J. McNeill finds that defendant was properly convicted of assault and violating a protective order for strangling his girlfriend. Evidence of prior domestic violence between the parties was relevant since it showed that defendant violated the prior no-contact order, and it did not influence the outcome of defendant's assault conviction. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: March 15, 2024, Case #: 2022-CA-1363-MR, Categories: assault, domestic Violence
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J. Taubman finds the trial court properly sua sponte decided not to include a self-defense instruction during defendant's trial on assault and child abuse charges. Although his wife, one of the victims, armed herself with a knife at one point during the attack, there was no evidence she ever attacked defendant, while his own attorney also declined to request such an instruction. Meanwhile, defendant's harassment convictions should not have been merged with his assault convictions because they were not only based on separate conduct, but also include different state of mind elements that prevent merger under Colorado law. Affirmed.
Court: Colorado Court Of Appeals, Judge: Taubman, Filed On: February 15, 2024, Case #: 2024COA13, Categories: assault, domestic Violence, Self Defense
J. Lawrence finds that the lower court properly convicted defendant for domestic violence assault following a jury trial. The court fails to "reach a majority opinion as to the voir dire issue," but it rejects defendant's other arguments on appeal concerning certain evidentiary rulings. The jury's verdict was supported by sufficient evidence, "even if the excluded text messages had been admitted at trial." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 23, 2024, Case #: 2024ME4, Categories: Evidence, assault, domestic Violence
J. Egan finds the trial court erred in failing to merge guilty verdicts for strangulation constituting domestic violence and fourth-degree assault constituting domestic violence. “When the element of ‘constituting domestic violence’… is established with respect to an offense, and the jury is instructed on the definition of ‘abuse’ based on domestic violence, the charged offense subsumes all of the elements of the separately charged misdemeanor assault offense.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 4, 2024, Case #: A178460, Categories: assault, domestic Violence
J. Jabar finds that the lower court properly convicted defendant of kidnapping with a dangerous weapon, aggravated assault and other charges. Contrary to defendant's argument on appeal, the evidence sufficiently supports the conviction. The events at issue were recorded on a video surveillance system at defendant's home, and the recordings were admitted at trial. The lower court could have concluded that defendant "restrained the victim for a substantial period." Also, he allegedly disconnected a truck battery to keep the victim from leaving. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: December 14, 2023, Case #: 2023ME74, Categories: assault, domestic Violence, Kidnapping
J. Lawrence finds that defendant was properly convicted on multiple charges, including attempted murder, but was improperly sentenced as to two counts that were both Class D misdemeanors. The lower court did not err in crafting a discovery sanction that limited the state's evidence while preventing defendant "from presenting a completely sanitized defense." However, the one-year sentence for each of the two misdemeanor charges, domestic violence assault and domestic violence terrorizing, was not permissible. Accordingly, the case is remanded to correct those sentences. Affirmed in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: November 30, 2023, Case #: 2023ME73, Categories: Sentencing, assault, domestic Violence
[Consolidated.] J. Horton finds the trial court properly convicted defendant of enhanced assault charges. Defendant did not raise a timely objection to the fact he was not present for the hearing on the motion for new trial, and his right to review is forfeited. Furthermore, the record does not support defendant's arguments that the court failed to properly admonish him of the dangers of self-representation on his motion to disqualify the judge on allegations of bias. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: November 29, 2023, Case #: 09-22-00176-CR, Categories: assault, domestic Violence
J. Vaidik finds a lower court ruled correctly in convicting defendant on domestic abuse charges in an appeal concerning rules on jury instructions on “unanimity.” Despite defendant’s assertions to the contrary, a “special unanimity instruction” was not required in this case because the violence he was charged with was “part of one continuous episode” rather than discrete acts that the jury needed to evaluate separately. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: November 22, 2023, Case #: 23A-CR-1340, Categories: assault, domestic Violence, Jury Instructions
J. Scott finds that defendant was properly convicted of intimidation with a dangerous weapon with intent and other charges based on claims that he attacked his girlfriend. Defendant contends the victim's testimony regarding prior instances of domestic abuse was inadmissible, but her testimony proved motive and intent. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: November 21, 2023, Case #: 21-1318, Categories: Evidence, assault, domestic Violence
J. Soto finds a lower court ruled correctly in convicting defendant on domestic assault charges. Defendant argued there was insufficient evidence to convict him, not least because the victim did not recall the events that led to her hospitalization, but in fact court testimony did consider and rule out other alternatives, including the possibility that the victim fell. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 21, 2023, Case #: 08-23-00048-CR, Categories: Evidence, assault, domestic Violence
J. Aarons finds that defendant was properly denied resentencing for assaulting her parents with a baseball bat, which cost her father an eye. Defendant cited the Domestic Violence Survivors Justice Act, but while evidence indicated she had been physically and psychologically abused in the past, the attack she ultimately committed as a 20-year-old had been provoked by her father's extramarital affairs. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 16, 2023, Case #: 113554, Categories: Sentencing, assault, domestic Violence
J. Cohen finds the trial court properly denied an inmate’s motion for sentence reconsideration for abuse of discretion after he was charged with aggravated domestic assault and the court imposed a sentence of nine-to-12 years of imprisonment. The inmate argues his pretrial detention was ignored during the Covid-19 pandemic and other mitigating factors were considered on his prior uncharged violent conduct. The court found the found that the aggravating factors outweighed those presented by inmate. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: November 9, 2023, Case #: 22-AP-260, Categories: Sentencing, assault, domestic Violence
J. Sheehan finds defendant's domestic violence charge was properly elevated to a third-degree felony. Although his prior assault cases did not include any reference to victims who were family members, the victim in this case had been in a relationship and lived with defendant since 2017, and testified she was the victim from the previous cases. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: November 2, 2023, Case #: 2023-Ohio-3972, Categories: assault, domestic Violence
J. Sacks affirms the defendant’s convictions for attempted murder, assault and battery by means of a dangerous weapon on a child, and assault and battery on a child causing substantial bodily injury. The defendant’s expert witness on false confessions was not credible enough and generally accepted principals and methods of the scientific community didn't substantiate that the defendant provided a false confession. Furthermore, his child’s doctor had credibly explained the physical symptoms he’d witnessed and how they demonstrated contamination by a family member and then chemical injury.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: October 25, 2023, Case #: 22-P-705, Categories: assault, domestic Violence, Child Victims
J. Worthen finds the trial court properly convicted defendant for violation of the terms of his community supervision for assault-family violence by impeding breath or circulation with a prior conviction, sentencing him to 15 years in prison. The sentence is within the applicable statutory punishment range for this violent crime. All evidence and cited case law supports the sentence. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: October 11, 2023, Case #: 12-23-00063-CR, Categories: Sentencing, assault, domestic Violence
J. Gomez finds that while misdemeanor convictions involving domestic violence are typically excluded from being sealed under Colorado law, the lower court erroneously failed to conduct a full analysis of defendant's request because under some circumstances, such convictions can be sealed. Therefore, the case will be remanded to allow the court to determine whether the passage of time since the offense, defendant's threat to the general public, and the need for public disclosure of the record supports a denial of the motion. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: September 28, 2023, Case #: 2023COA86, Categories: Criminal Procedure, assault, domestic Violence
J. Neeley finds the trial court properly convicted defendant for assault by impeding breath or circulation. Defendant maintains that his arm was around the victim's chest, not her neck or throat, and that her ability to scream negates a finding that her breath was impeded. The responding officer testified that when he arrived at the scene defendant had his hands around the victim's throat and that her eyes appeared "glazed over." After officers removed defendant's hands from the victim's throat, she began screaming. All evidence supports conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: September 20, 2023, Case #: 12-22-00225-CR, Categories: Evidence, assault, domestic Violence
J. Anderson affirms the Court of Appeals' finding that the district court did not abuse its discretion by excluding a body-worn camera recording of an assault victim's statements as inadmissible hearsay. The statements do not qualify as "excited utterances" under an exception to the Minnesota rule of evidence regarding hearsay since no ongoing emergency existed at the time the victim made them and they included descriptions of events that occurred several hours previously or even longer ago.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: July 26, 2023, Case #: A22-0161, Categories: Evidence, assault, domestic Violence
J. Johnson finds that the lower court properly granted defendant a new trial after his sentencing for felony assault. The state in its original brief did not challenge the finding that "the officer over objection was allowed to render an opinion as to whether he believed the offense had taken place." The finding was an independent ground supporting the decision to grant a new trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: July 12, 2023, Case #: 10-22-00123-CR, Categories: Jury, assault, domestic Violence
J. Golemon finds the trial court properly convicted defendant for aggravated assault against a family member involving his use of a deadly weapon. The court denied defense counsel’s motion for mistrial after sustaining his objection based on Fifth Amendment rights against self-incrimination after the involved deputy testified that defendant was not willing to fill out a statement as to the alleged “sling blade” attack. The prejudicial effect of the complained-of testimony did not likely cause the jury to ignore the trial court’s instruction to disregard the request for mistrial. The evidence strongly supports conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 14, 2023, Case #: 09-22-00311-CR, Categories: Constitution, assault, domestic Violence
J. Hixson finds the trial court properly convicted defendant for aggravated assault on a family or household member, terroristic threatening and domestic battering. His wife testified that he choked her unconscious for being unable to find him a pair of socks, stating during the attack that he would kill her and their son if she left him. After the attack defendant would not let her leave the house with both children at the same time. In his motion for directed verdict, defendant’s counsel stated, “On the charge of domestic battery … there’s been insufficient evidence … to show that [defendant] caused … injury” to the victim intentionally.He fails to argue that his proposed “extreme stress” negated purposeful intent. This argument is also conclusory and without citation to supporting authority. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: May 24, 2023, Case #: CR-22-258, Categories: Evidence, assault, domestic Violence
J. Gladwin finds the trial court properly convicted defendant for aggravated assault on a family member, domestic battery and endangering the welfare of a minor. Though defendant says he was trying to keep his daughter from leaving the house in the middle of the night, she testified that he, while drunk, came into her room as she was sleeping and started an argument. He began throwing lamps, then choked her. She ran out of the house and he and his dog chased her down. He again choked her as she attempted to flee. Home security video confirmed these events. Defendant claims that an evidence rule was used contrary to jury instruction, but his argument is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 24, 2023, Case #: CR-22-773, Categories: assault, domestic Violence, Jury Instructions