15 results for 'cat:"Assault" AND cat:"Witnesses"'.
J. Blake affirms the denial of the defendant’s motion for a new trial. The defendant failed to meet her burden to prove there was no good reason for the in-court identification procedure, where a man who witnessed her assault another woman and who had also seen pictures of the defendant before the crime occurred, identified her as the person he saw commit assault. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: April 26, 2024, Case #: 22-P-550, Categories: assault, Battery, witnesses
J. Lynch finds that the lower court properly convicted defendant of assault and weapon possession after he shot his cousin in a case of mistaken identity. Under a theory of accomplice liability, defendant could be found guilty of acting in concert with codefendant even if he did not possess or shoot the weapon based on witness statements that the two were mad and "wanted to find people" following a fracas at a music venue. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 4, 2024, Case #: 112910, Categories: assault, witnesses, Accomplice Liability
J. Terrell finds that defendant was properly convicted and sentenced for assault. Although the trial court may have errored in allowing the victim to testify that defendant had strangled her on 10 prior occasions, the error was harmless because the jury acquitted defendant of both strangulation-specific offenses. Also, seven text messages were properly admitted as evidence because they were relevant. However,
the presentence report inaccurately describes defendant’s criminal conduct and must be fixed. Affirmed in part.
Court: Alaska Court Of Appeals, Judge: Terrell, Filed On: March 1, 2024, Case #: A-13627, Categories: Sentencing, assault, witnesses
J. Easterly upholds defendant's assault and weapons convictions arising from his non-lethal shooting of a woman. Although the trial court improperly admitted testimony regarding shell casings identification and identification of defendant in surveillance footage, the government's other evidence was sufficient to support the convictions. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: December 21, 2023, Case #: 19-CF-0504 , Categories: assault, witnesses, Identification
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J. Page finds that the lower court properly convicted defendant on nine counts related to a shooting, and sentenced him to 25 years in prison. Defense counsel was not ineffective for failing to call a witness at his second trial because he had a strategic reason for not calling the witness due to the risk he might testify against defendant at his first trial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: November 28, 2023, Case #: ED111367, Categories: Ineffective Assistance, assault, witnesses
J. Matheson finds that the lower court properly convicted and sentenced defendant for assault. Defendant argues that the court improperly allowed certain testimony at trial, but the testimony in question was appropriate and offered up important medical expertise. Also, there is no evidence the jury's instructions injected prejudice against defendant. Affirmed.
Court: 10th Circuit, Judge: Matheson, Filed On: October 30, 2023, Case #: 22-5076, Categories: assault, witnesses, Jury Instructions
J. Doyle finds that defendant was properly convicted of assault causing injury after shooting and killing a woman because witness testimony indicates she pushed the victim out of her car, taunted her, then shot her. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: October 25, 2023, Case #: 21-1891, Categories: assault, witnesses
J. Greer finds that defendant was properly denied relief from his conviction for a group assault that led to the victim's death. Defendant sought a mistrial after an eyewitness identified defendant in court even though such had not been disclosed in the minutes of testimony, but the breach was not sufficiently substantial to impact the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: October 25, 2023, Case #: 22-1373, Categories: assault, witnesses, Identification
Per curiam, the appellate division finds that the trial court properly denied defendant a mistrial on second-degree strangulation charges because the prosecutor did not cause prejudice upon correcting the victim's statement as to when the prosecutor had been made aware of the fact that the victim provided defendant cocaine. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 29, 2023, Case #: KA 22-01603, Categories: assault, witnesses
Per curiam, the appellate division finds that the lower court properly found defendant guilty of violating prison disciplinary rules by fighting. Defendant claims he was denied witness testimony in the disciplinary hearing, but the requested witnesses declined to participate and signed refusal forms. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 21, 2023, Case #: CV-22-2200, Categories: assault, witnesses
J. Georges affirms the defendant’s conviction for assault and battery by means of a dangerous weapon. While the victim’s girlfriend wished to recant her statements to police, which she claimed the victim pressured her to make, and her grand jury testimony, the admitted parts of her testimony qualify as hearsay exemptions to inconsistent statements previously made under oath.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: August 10, 2023, Case #: SJC-13383, Categories: assault, Battery, witnesses
J. Kautz finds that the lower court properly convicted defendant of assault and battery stemming from a shooting incident. Defendant claims there was not enough evidence on the record to support his conviction, but there was reliable testimony from a witness that proved defendant was the shooter in question. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: July 25, 2023, Case #: S-22-0307, Categories: assault, Battery, witnesses
[Consolidated.] J. McShan finds that the lower court properly denied defendant's request to vacate his conviction for assault due to Brady violations. Background information on a forensic scientist who testified for the prosecution should have been disclosed to defendant, but the quality of the scientist's training was not material and did not prejudice defendant. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 25, 2023, Case #: 111627, Categories: Evidence, assault, witnesses