15 results for 'cat:"Criminal Procedure" AND cat:"Jury"'.
J. Robinson finds that defendant was properly convicted of first degree robbery. The record shows no nonfrivolous errors regarding the conviction, and the evidence against defendant is overwhelming. Further, the trial court properly denied defendant's Batson challenge since the state asserted race-neutral reasons for the peremptory strikes of the black jurors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: April 10, 2024, Case #: 55,582-KA, Categories: criminal Procedure, jury, Robbery
J. D'Auria finds that under this court's precedent in State v. Arroyo, defendant cannot make a legal challenge to the inconsistent verdicts rendered by the jury in his trial on home invasion and burglary charges. Any such claim must be made before the trial court immediately upon the conclusion of the trial. Meanwhile, the trial court properly denied defendant's motion for a mistrial following a 25-day delay during jury deliberations after he was exposed to and contracted Covid-19. Although the delay increased the likelihood of jurors forgetting each side's arguments or rushing to a verdict, there was no other reasonable alternative during the pandemic. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: March 13, 2024, Case #: SC20688, Categories: Burglary, criminal Procedure, jury
J. Easterbrook finds that the lower court properly rejected defendant's claim he was denied a speedy trial due to the general order that suspended criminal jury trials from March 2020 through April 2021 due to the Covid-19 pandemic. Social and epidemiological considerations permitted the delay of criminal jury trials during the pandemic and district judges may rely on institutional findings such as the general order without making defendant-specific findings in such circumstances. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 26, 2024, Case #: 22-2470, Categories: criminal Procedure, jury, Speedy Trial
J. Miller finds that defendant was properly convicted of counts including second degree murder and first degree feticide for a drive-by shooting that killed a woman and her unborn child. Defendant's motion for mistrial was correctly denied since he was not prejudiced by a sergeant's testimony about the contents of surveillance video that was inadvertently destroyed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: February 21, 2024, Case #: 2023KA0361, Categories: criminal Procedure, jury, Murder
J. Johnson finds that when a trial court fails to issue the empanelment oath to a jury without objection and the jury renders a verdict, the error is not a structural one that requires automatic reversal of a defendant's convictions, but is one that must be reviewed for plain error. The right to a sworn jury is not protected by either the federal or state constitutions, and the Colorado legislature has not put such a right into law. In this specific case, the trial court still provided expansive instructions and guidance to the jury, and so the lack of an oath does not cast serious doubt on the verdict, which will be upheld. Affirmed.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: February 8, 2024, Case #: 2024COA11, Categories: criminal Procedure, jury
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J. Froelicher finds that the lower court properly convicted defendant of voyeurism. There was enough evidence to find that he had violated the relevant voyeurism statute, he was not prejudiced by any alleged improper instructions to the jury, and the lower court was within their rights to deny his request to suppress evidence of his voyeurism on a series of computer memory cards. Affirmed.
Court: Wyoming Supreme Court, Judge: Froelicher, Filed On: January 24, 2024, Case #: S-23-0020, Categories: criminal Procedure, Evidence, jury Instructions
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
J. Anderson partially affirms the defendant's first-degree murder conviction. The district court did not abuse its discretion in prohibiting the defendant from asserting the affirmative defense of entrapment, since his assertion of the defense was untimely and he provided only minimal facts in support of it. His first-degree and second-degree murder convictions are both supported by sufficient evidence, and the district court did not abuse its discretion by denying his request for jury instruction on lesser-included offenses, but his second-degree murder conviction was erroneous since it was a lesser-included offense. Affirmed in part.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: November 22, 2023, Case #: A22-1273, Categories: criminal Procedure, Murder, jury Instructions
J. Halligan finds that the appellate division properly limited questions concerning jurors' personal views on self-defense while allowing broader questions on gun licensing and gun control in defendant's trial for possession of a weapon. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside of the home or business since he failed to raise the issue in the trial or appellate courts. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 66, Categories: criminal Procedure, Firearms, jury
J. Leahy finds that the lower court erred when it denied a woman's extramarital romantic partner his request to provide criminal pattern jury instruction concerning the voluntariness of his statements to law enforcement. This comes after the second jury trial for the partner in which he was convicted of second degree murder of the woman's husband. However, the lower court did not violate the partner's double jeopardy rights when it entered evidence of premeditation and conspiracy because the same evidence was used for the murder conviction, and that evidence was sufficient for that conviction. Reversed in part.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: June 29, 2023, Case #: 12-77-06-C, Categories: criminal Procedure, Murder, jury Instructions
J. Baldwin finds that the lower court properly applied the doctrine of res judicata when it denied defendant's motion for postconviction relief from his murder convictions. He provided no evidence to support his claim of jury bias as a result of excessive publicity and made only conclusory statements to support his arguments. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 26, 2023, Case #: 2023-Ohio-2103, Categories: criminal Procedure, jury, Murder
J. Kellum finds that the lower court properly dismissed defendant's petition for post-conviction relief following his convictions for sodomy and sexual abuse of a child less than 12 years old. Defendant argued that there was juror misconduct during voir dire, specifically as to one juror's answers regarding his kinship to a witness. However, the claim was precluded under Rule 32, as the information "could reasonably have been discovered at trial." Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: June 23, 2023, Case #: CR-2022-1285, Categories: criminal Procedure, jury, Sex Offender