37 results for 'cat:"Assault" AND cat:"Weapons"'.
J. Kamins finds the post-conviction court properly denied relief to defendant after he claimed the state did not prove the “dangerous weapon” element of first-degree assault. “So long as a person uses an object in a manner that makes it readily capable of causing serious physical injury, the object qualifies as a dangerous weapon.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A178930, Categories: Ineffective Assistance, assault, weapons
Per curiam, the appellate division finds that the lower court properly convicted defendant of attempted assault and weapon possession. Although the state failed to disclose a police report in time, defendant failed to show that this actually prejudiced him, especially since defense counsel was aware of the information in the report and was allowed to cross-examine the relevant witness. Defendant had no right to youthful offender treatment sice he was convicted of an armed felony due to firing multiple shots at a person on a busy street. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02675, Categories: Prosecutorial Misconduct, assault, weapons
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officers found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence, as required by statute. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: Sentencing, assault, weapons
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officer found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence as required by statute. This part of the sentencing order is vacated. Affirmed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: Sentencing, assault, weapons
Per curiam, the Vermont Supreme Court finds the trial court properly convicted the defendant of aggravated assault with a deadly weapon after a jury trial. The defendant appeals the conviction alleging the state failed to give proper jury instruction to prove beyond a reasonable doubt he acted with the requisite intent. The evidence was sufficient to show the jury that the defendant did commit the crime on purpose and knowingly cause injury. Therefore, there was no error found in the jury instructions. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-339, Categories: assault, weapons, Jury Instructions
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J. Zimmerman finds inconsistencies in testimony provided by the victim and several eyewitnesses did not render defendant's assault conviction against the weight of the evidence. Although he claimed to have acted in self-defense when he stabbed the victim nine times, he admitted to voluntarily engaging in a fight with the victim, while there was no evidence to suggest he was in serious danger. Furthermore, the trial court was not required to give a provocation instruction to the jury because there was no evidence in the record to indicate defendant acted out of a "sudden fit of passion" following a dispute with the victim. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 6, 2024, Case #: 2024-Ohio-1750, Categories: assault, weapons, Self Defense
J. Pirtle finds the trial court properly convicted defendant for assault, attempted possession of a deadly weapon by a prohibited person and unauthorized use of a motor vehicle. Defendant admitted to assaulting the victim and stealing his vehicle and firearms after the two had been involved in a drunken altercation. Though defendant says the victim had shot at him and missed before he punched him and stomped on his head, sufficient evidence supports the convictions. The record is insufficient to review claims of ineffective assistance, containing no discussions between defendant and his attorney regarding claims of self-defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-1000, Categories: assault, weapons, Vehicle
J. Gladwin finds the circuit court properly revoked defendant's probation, sentencing her to 120 months in prison. Defendant previously pleaded guilty to charges of robbery and theft of property, receiving 10 years of probation. Later, defendant, thinking her boyfriend was cheating on her, confronted him in the front yard of the other woman's home, attacking him with a knife. Detective interview video shows defendant admitting to having a knife, which supports the revocation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 17, 2024, Case #: CR-23-652, Categories: Probation, assault, weapons
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. The wheelchair-bound defendant shot at his cousin, who had pulled over in his vehicle to say "hi." That cousin and another cousin testified there was no conflict or altercation before defendant started shooting. Though defendant says the cousin was "bothering" him, he did not specify how, also telling officers he did not feel threatened when he began shooting. The lower court properly refused to provide a self-defense instruction, as there is no evidence it was necessary for defendant to protect himself. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 17, 2024, Case #: 12-23-00245-CR, Categories: assault, weapons, Self Defense
J. Blackburned-Rigsby finds the trial court erroneously failed to conduct a Frendak intelligently and voluntarily waived the insanity defense during his trial for his attack on a taxi driver with a hammer. Substantial proof raises a question of defendant's sanity at the time of the crime and, therefore, the case must be remanded to allow the trial court to conduct the proper inquiry.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: April 11, 2024, Case #: 22-CM-0898 , Categories: Competence, assault, weapons
J. Moore affirms the defendant's conviction for second-degree assault. The defendant's statements that he planned to beat the victim were sufficient direct evidence to support the contention that he intended to use a wooden board as a weapon, and the likelihood that the board's use would cause death or great bodily harm was enough to support a jury's conclusion that the board was a dangerous weapon. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: April 3, 2024, Case #: A22-0172, Categories: assault, weapons
J. Moore finds the trial court properly convicted defendant for assault and use of a deadly weapon based on sufficient evidence. A couple travelling with their children were stabbed by the ex-girlfriend of a friend with whom the couple were staying. When the ex-girlfriend's brother confronted the ex-boyfriend for breaking up with his sister, the ex-girlfriend was also seen running from the ex-boyfriend's house. The couple were later found to have been stabbed. All factors were properly considered for sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: April 2, 2024, Case #: A-23-407, Categories: Evidence, assault, weapons
J. McKeig affirms the defendant's second-degree assault conviction, appealed on the grounds that the state did not provide sufficient evidence that the broom handle he broke over his wife's head was a "dangerous weapon" and that he could not be convicted for both second-degree assault and domestic assault. Domestic assault is not a "lesser degree" of second-degree assault, so the relevant Minnesota statute does not prohibit convictions for both offenses, and the state need only prove that death or great bodily harm is a "probable or reasonably expected" outcome of a defendant's use of an object to make it a dangerous weapon. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 20, 2024, Case #: A22-0960, Categories: assault, weapons
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Though defendant pleaded true to a sentencing enhancement for a previous conviction for aggravated sexual assault of a child, he claims his 60-year prison sentence amounts to cruel and unusual punishment. The sentence is within guidelines and not constitutionally disproportionate for a habitual offender. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 29, 2024, Case #: 12-22-00002-CR, Categories: Sentencing, assault, weapons
J. Higginson finds the district court properly convicted defendant for assault with a dangerous weapon resulting in serious bodily injury. The shooting occurred on the Choctaw reservation after a long night of drinking, when an argument ensued over where and how to get more alcohol, and it is undisputed defendant shot the victim four times. All evidence supports the conviction, and no error is found in the court's denial of defendant's pretrial motion to recuse the lead prosecutor for having previously represented him while employed as a public defender in the tribal court. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: February 21, 2024, Case #: 23-60040, Categories: assault, weapons, Due Process
Per curiam, the Nebraska Supreme Court finds the trial court properly convicted defendant by guilty plea for two counts of attempted first-degree assault on an officer, firearm use and conspiracy. Defendant, as a distraction, shot at officers who were in place outside a residence preparing to serve a warrant. The record shows the court reviewed all information, considered exhibits, testimony, defendant's acceptance of responsibility and all sentencing factors. Affirmed.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: S-23-167, Categories: assault, weapons, Conspiracy
J. Johnson finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Testimony from first responders, two sources of surveillance video, and physical evidence including shell casings, clothing, and an unusually painted vehicle linking defendant to the act support the conviction. Furthermore, a mistake of fact instruction was not necessary based on the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 17, 2024, Case #: 09-22-00274-CR, Categories: Evidence, assault, weapons
J. Blake affirms the defendant’s convictions for two counts of assault with a dangerous weapon, assault and battery on a police officer and resisting arrest. Even though all of the convictions were based on the same continuous and uninterrupted altercation, that does not mean that the defendant should only be convicted of one count of assault via a dangerous weapon. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 12, 2024, Case #: 22-P-710, Categories: assault, weapons, Battery
J. Danner finds the sentencing court improperly sentenced defendant on no-contest plea convictions for assault with a deadly weapon and hit-and-run driving resulting in serious injury. Surveillance video and multiple witnesses reveal defendant ran over the victim after an altercation in a parking lot. Though courts are split, and the question is currently pending before the California Supreme Court, defendant is entitled to retroactive relief under a new bill making the middle term the presumptive sentence because the judgment was not final when the legislation took effect. Reversed.
Court: California Courts Of Appeal, Judge: Danner , Filed On: December 13, 2023, Case #: H049363, Categories: Sentencing, assault, weapons
J. Yegan finds the trial court improperly applied a gang enhancement when sentencing defendant for attempted assault with a deadly weapon. Defendant shot at and missed the victim after an altercation in a parking lot, which was seen by several witnesses. The state concedes the record does not establish the offense benefitted defendant's gang more than reputationally. Vacated in part.
Court: California Courts Of Appeal, Judge: Yegan , Filed On: December 13, 2023, Case #: B324477, Categories: assault, weapons, Gangs
J. Benton finds a lower court properly denied a defendant's motion for mistrial. The defendant, who demanded another woman to "get the fuck out of the truck," after catching her with her husband, which resulted in a beating with a metal bar, argued that her actions did not constitute assault with a dangerous weapon, and that she is entitled to relief after her friend and witness wrongfully stated in court that she was on probation. However, the defendant is not entitled to a mistrial based on the judges instructions that she was not on probation at the time of the assault. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 4, 2023, Case #: 23-1192, Categories: Probation, assault, weapons
J. Biles finds a lower court properly convicted a defendant for aggravated assault with a deadly weapon against her ex-husband's girlfriend. The defendant argued that the lower court erred in refusing to instruct a jury on a lesser included offense of simple assault. However, the State presented sufficient evidence in court that the jury instruction would have changed the outcome of her trial.
Court: Kansas Supreme Court, Judge: Biles, Filed On: December 1, 2023, Case #: 123,723, Categories: assault, weapons, Jury Instructions
Per curiam, the Fifth Circuit finds the district court properly dismissed the inmate’s civil action challenging the constitutionality of the Texas Penal Code used to determine his sentence. This challenge of his sentence of 50 years in prison by guilty plea for aggravated assault with a deadly weapon was dismissed as frivolous and for failure to state a claim. The inmate has improperly interpreted the code as to the different descriptions of assault as being with or without a weapon. His motion for judicial notice reiterating his inadequately briefed arguments is denied. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 11, 2023, Case #: 23-40113, Categories: Sentencing, assault, weapons
Per curiam, the appeals court finds the trial court properly transferred defendant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice to complete his 12-year sentence for delinquent conduct related to assault with a deadly weapon. Defense counsel has stated that the record shows no reversible error upon which to base an appeal. Counsel's request to withdraw is denied in the juvenile matter. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 11, 2023, Case #: 12-22-00251-CV, Categories: Juvenile Law, assault, weapons
[Consolidated.] J. Hoyle finds the trial court properly convicted defendant for unlawful possession of a firearm by a felon and assault of an officer. The arresting officer stopped the vehicle in which defendant was a passenger for a license plate violation. Upon smelling marijuana, the officer had probable cause to search the vehicle, finding marijuana residue and a loaded firearm under the passenger seat. Defendant was arrested after a background search showed that he was a convicted felon. He later resisted arrest, assaulting an officer attempting to detain him for violation of his pretrial release conditions. The undisputed facts are sufficient to support the arrests. Whether defendant possessed the firearm or not is immaterial to the events which led to its discovery. Duplicate court costs will be deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: October 11, 2023, Case #: 12-23-00090-CR, Categories: Search, assault, weapons
J. Johnson finds the trial court properly convicted defendant by guilty plea for aggravated assault with a deadly weapon. Defendant's neighbor and girlfriend testified that he hit his girlfriend with an infant car seat during an argument. The girlfriend testified that she was hospitalized for injuries that included a fractured wrist, an injury to her leg, and bruises to her face. All evidence supports the conviction. Defendant knowingly and intelligently entered his guilty plea, and he was not denied right to counsel. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: September 20, 2023, Case #: 09-22-00225-CR, Categories: assault, weapons, Plea