14 results for 'cat:"Constitution" AND cat:"Assault"'.
J. Kern finds that the circuit court properly entered judgment after defendant pleaded guilty to two counts of aggravated assault against a law enforcement officer. The charges arose out of an extremely dangerous high-speed chase during which defendant repeatedly fired weapons at pursuing officers. The circuit court sentenced defendant to serve two concurrent life sentences to run consecutively to sentences he was already serving for other offenses. Defendant claimed that his sentence was cruel and unusual in violation of the Eighth Amendment and was an abuse of the circuit court’s discretion. The sentence is not grossly disproportionate to the gravity of defendant's offenses and therefore did not violate the Eighth Amendment. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: May 8, 2024, Case #: 2024SD26, Categories: constitution, Sentencing, assault
J. Bybee finds that the district court improperly denied an individual's motion for preliminary injunctive relief in an action arising from two events, an abortion rally and an LGBTQ+ pride event, in which the individual, a devout Christian, sought to read Bible passages and was arrested for obstructing a police officer after he refused to move to a different location. The individual alleges that attendees at both events physically assaulted him, stole his Bibles and ripped them up. He further alleges that Seattle police opted to arrest the individual for obstructing rather than deal with the attendees who assaulted him. The individual established a likelihood of success on the merits of his First Amendment claim. Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: April 18, 2024, Case #: 23-35481, Categories: constitution, assault, First Amendment
J. Hoyle finds the trial court properly sentenced defendant on her guilty plea conviction for assault on a public servant. Defendant was sentenced to four years in prison after multiple violations of her terms of community supervision. She pleaded "true" to the violations, conditioned upon her appearance. She missed the first sentencing hearing, as well as the reset hearing, and the court sentenced her to 10 years in prison. Her charge is significantly more serious than offenses committed by the defendant in a cited case involving cruel and unusual punishment. Defendant's sentence is also less severe than the sentence imposed in the cited case. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00251-CR, Categories: constitution, Sentencing, assault
J. Jewell finds that defendant was improperly found guilty of aggravated assault over an incident where the victim was struck by a wrench. The trial court's policy that required everyone, including witnesses, to wear facial coverings in the courtroom during the January 2023 trial violated defendant's Sixth Amendment right to confront the witnesses against her. The case is remanded for a new trial. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 27, 2024, Case #: 14-23-00048-CR, Categories: Confrontation, constitution, assault
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J. Reiber finds the trial court properly imposed a condition of release to be supervised by a responsible adult for a man with curfew conditions on charges of reckless endangerment and simple assault. He failed to raise a constitutional argument during his hearings the trial court did not have a fair opportunity to rule on specificity and clarity. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 22, 2024, Case #: 24-AP-050, Categories: constitution, Sentencing, assault
J. Bell denies a group of police officers’ motion to dismiss claims of excessive force and constitutional violations brought by a bar customer who allegedly failed to pay a tab under $300. The officers arrested the customer, then allegedly dragged him out of a holding cell to a room without cameras and assaulted him, strapping him to a chair for two hours without seeking medical attention for his bleeding head wound. While the officers claim qualified immunity, the customer has sufficiently evidenced that they violated his constitutional rights, which were clearly established at the time of the assault.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 7, 2024, Case #: 5:22cv52, NOS: Other Civil Rights - Civil Rights, Categories: constitution, assault, Police Misconduct
J. Flaum finds that the lower court properly convicted defendant of disorderly conduct after he threatened a security officer at the VA hospital because he was upset that test results did not show he had sleep apnea. The hospital is a non-public forum, and reasonably prohibits shouting, abusive language, and other conduct that disrupts care for veterans, so defendant's First Amendment challenge to his convictions fails. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: December 14, 2023, Case #: 22-3264, Categories: constitution, assault
Per curiam, the Fifth Circuit finds the district court improperly dismissed a lawsuit alleging a now-deceased teacher sexually assaulted a summer camp attendee when he was 10 or 11 in 1968 or 1969. Though the court granted the school’s motion for dismissal on grounds that the injured party’s cited “Revival Provision” violated the Louisiana Constitution’s due process clause, in fact, the Louisiana Supreme Court recently vacated an identical decision, holding that in enacting the provision the legislature “did not clearly express an intent to revive prescribed sexual abuse claims occurring prior to 1993.” The provision revives only certain actions brought up to 10 years after the minor attained the age of majority and is silent as to claims that would have already been prescribed at the time of its enactment. The Revival Provision is inapplicable and the case should be dismissed for that reason. On remand the court may consider whether the complaint should be dismissed with leave to amend. Vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 28, 2023, Case #: 22-30407, Categories: constitution, Due Process, assault
J. Richardson finds the lower court properly determined that the warden was not qualified for immunity. Three guards with prior histories of violence with inmates relentlessly beat and pepper sprayed an inmate they incorrectly thought was involved in a scuff-up between an inmate and another guard. The warden allegedly did nothing to prevent inmates suspected of being involved in the fight from being violently retaliated against. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: August 24, 2023, Case #: 21-6422, Categories: constitution, assault, Prisoners' Rights
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