9 results for 'cat:"Criminal Procedure" AND cat:"Battery"'.
J. Huskey finds that the district court properly dismissed defendant's amended petition for post-conviction relief and denied his motion for reconsideration. His claim that he was not given adequate notice of the state's motion for summary dismissal fails because the state's motion referred to his original and amended petitions and included its argument that those filings were deficient. Also, the district court was not required to give him additional notice, and his notice claim was not preserved since he did not raise it in district court. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: April 17, 2024, Case #: 50063, Categories: criminal Procedure, Sex Offender, battery
J. Jorgensen finds that the lower court improperly denied defendant's request for a new trial after he was convicted aggravated battery in absentia. The court's admonishments did not advise defendant that a failure to appear would constitute a waiver of his right to cross-examine witnesses. Further, he had not been arraigned nor had he entered a not guilty plea at the time he was given the admonishments. Reversed.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: April 2, 2024, Case #: 230047, Categories: criminal Procedure, battery
J. Weimer finds that the trial court should not have set aside defendant's conviction for domestic abuse battery involving strangulation based on the improper denial of a cause challenge of a juror. In this case, defendant did not contemporaneously object to the jurors during voir dire. Under the Code of Criminal Procedure art. 800(A), defendant is required to object contemporaneously in order to assign as error a ruling of a trial court refusing to sustain the challenge of a juror for cause. Reversed.
Court: Louisiana Supreme Court, Judge: Weimer, Filed On: December 8, 2023, Case #: 2022-K-01824, Categories: criminal Procedure, Jury, battery
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J. Perry finds that defendant was properly convicted of counts including aggravated assault with a firearm and second degree battery stemming from an attack on his girlfriend. There was no error in the denial of defendant's motion for new trial since he did not show a violation of his right to assistance of counsel. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: December 6, 2023, Case #: KA-23-334, Categories: criminal Procedure, Assault, battery
J. Ahlers finds that the lower court properly declined to set aside default judgment stemming from an altercation that led to plaintiff's conviction for assault and battery because plaintiff was bound to defend himself despite any difficulty he may have been going through in life at the time. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: July 27, 2023, Case #: 22-0124, Categories: criminal Procedure, Assault, battery