7 results for 'cat:"Criminal Procedure" AND cat:"Weapons"'.
J. Peterson finds that the lower court properly denied defendant's petition for a certificate of innocence on two aggravated unlawful use of a weapon convictions which were vacated as unconstitutional. Defendant has not attempted to show he was innocent of the nol-prossed charges pursuant to a negotiated plea agreement, so he does not qualify for a certificate of innocence. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 19, 2024, Case #: 210414, Categories: criminal Procedure, weapons
Per curiam, the Fourth Circuit upholds defendant’s conviction for two counts of using a firearm in relation to a violent crime. A violent crime in support of racketeering activity, committed with a dangerous weapon, is a valid crime-of-violence predicate for convictions such as defendant’s. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 27, 2024, Case #: 20-6767, Categories: criminal Procedure, weapons, Racketeering
J. Natali finds that the trial court improperly admitted evidence from a police stop in defendant's trial on weapons charges brought after he was stopped by police for driving a vehicle with tinted windows. A new rule that required officers to determine if tinting inhibited their ability to see the occupants of the vehicle was improperly applied retroactively.
Court: New Jersey Appellate Division, Judge: Natali , Filed On: February 7, 2024, Case #: A-1767-22, Categories: criminal Procedure, weapons, Vehicle
J. McKeig affirms the Court of Appeals' reversal of the district court's dismissal of second-degree riot charges for lack of probable cause. Cars may be a dangerous weapon if their use is likely to cause death or great bodily harm, whether or not their drivers intend to cause that harm. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: January 24, 2024, Case #: A22-1551, Categories: criminal Procedure, weapons
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J. Sorenson finds that the trial court properly refused to bifurcate defendant's trial on a weapon charge from the determination of whether he was a restricted person since both issues were inextricably related. A mistrial was unnecessary after counsel impeached a witness's testimony. Counsel was not deficient for deciding not to object to an officer's claim that folding knives and a hatchet found in defendant's car were dangerous weapons. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 29, 2023, Case #: 20210884-CA, Categories: criminal Procedure, Probation, weapons
J. Fitzgerald Smith finds that the lower court properly denied defendant's petition for a certificate of innocence after his aggravated unlawful use of a weapon conviction was vacated as unconstitutional. Defendant is not entitled to a certificate of innocence because he cannot show he was innocent of the valid AUUW offense with which he was charged, but that the state nol-prossed. Affirmed.
Court: Illinois Appellate Court, Judge: Fitzgerald Smith, Filed On: August 29, 2023, Case #: 220843, Categories: criminal Procedure, weapons