8 results for 'cat:"Battery" AND cat:"Child Victims"'.
J. McFadden finds that the trial court properly convicted defendant of aggravated battery and cruelty to children. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to file a general demurrer or motion in arrest of judgment as to one of the child cruelty counts in the indictment. Sufficient evidence was presented to support the child cruelty conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0534, Categories: Ineffective Assistance, battery, child Victims
J. McFadden finds that the trial court properly convicted defendant of cruelty to children and family violence aggravated battery. The trial court correctly denied defendant's motion for a directed verdict and did not commit any error in admitting evidence of defendant's marijuana use on the day the three-week old victim was taken to the hospital. The evidence was related to the state's theory of the case and relevant to show defendant's attitude towards the victim. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0126, Categories: battery, child Victims
J. Brown finds that the trial court properly convicted defendant of aggravated assault and battery involving family violence, cruelty to children in the first degree and other offenses. The jury was authorized to find that defendant's act in putting a burning notebook on his girlfriend's leg was likely to cause serious injury. Defendant's conduct in trying to hang himself in the presence of a child was sufficient to support his conviction for first degree cruelty to children. However, the evidence was insufficient to support defendant's conviction for cruelty to children in the third degree because the state failed to show that the child saw or heard defendant put the burning notebook on her mother's leg. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 17, 2024, Case #: A24A0548, Categories: battery, Domestic Violence, child Victims
J. Wood finds the trial court properly convicted defendant for the first-degree battery of his 6-month-old daughter based on sufficient evidence. The hospital discovered 12 to 15 fractures throughout the child's body, a black eye and skin abrasions after defendant took her in for medical care when he found her arm was swollen. Forensic investigators said the injuries were consistent with abuse. Defendant also admitted no other adult was alone with the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: April 10, 2024, Case #: CR-23-539, Categories: Evidence, battery, child Victims
J. Klappenbach finds the trial court properly convicted defendant for battery and endangering the welfare of a minor. Because more than three years had passed between his arrest and his motion to dismiss, this constituted a prima facie violation of defendant's right to a speedy trial. The court correctly set forth its reasoning why certain time periods were excluded for good cause due to the Covid-19 pandemic. Relevant rules of procedure do not require the court to make a determination of good cause for delay until a speedy trial allegation is made, and defendant was provided ample opportunity to object. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 21, 2024, Case #: CR-22-778, Categories: battery, Speedy Trial, child Victims
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J. Gordo finds defendant's petition for writ of habeas corpus must be granted in his case including battery, child abuse and burglary charges, in part because the trial court did not consider any new showing of probable cause to modify defendant's bond. On remand, the state has two days after this decision is issued to file a motion for pretrial detention, or the trial court must immediately hold a hearing to decide conditions of release.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: February 1, 2024, Case #: 24-0155, Categories: Habeas, battery, child Victims
J. Altice finds that defendant was properly convicted of neglect leading to a catastrophic injury after his girlfriend's baby died following hematomas, retinal hemorrhaging, and five fractured ribs. That the jury's reasons for acquitting defendant of battery remain unclear does not require setting aside the neglect conviction, and evidence indicates the baby was "perfectly fine" after being looked after by another babysitter. Meanwhile, the baby had been heard making a loud whimpering sound while being cared for by defendant in another room. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice , Filed On: October 11, 2023, Case #: 22A-CR-3022, Categories: Evidence, battery, child Victims