11 results for 'cat:"Domestic Violence" AND cat:"Child Victims"'.
J. Alley finds a lower court partially erred in a family violence criminal case involving “serious, disabling” injuries to a young child. Defendant hoped to call a medical expert via Zoom to provide an alternate explanation for the child’s injuries, and the lower court abused its discretion by denying that request as the Texas Supreme Court’s Emergency Covid-19 Order expressly allows remote videocall testimony. Reversed in part.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: July 29, 2024, Case #: 08-23-00106-CR, Categories: domestic Violence, Due Process, child Victims
J. Eddins finds an appeal court improperly vacated the conviction of defendant, who faced charges for chaining up his stepson outside overnight for a year. Although the charging document did not contain a definition of “restrain” in terms of consent, the information satisfactorily described the accusation to be considered enough notice for the defense. The original conviction stands also as there was sufficient trial evidence that defendant knowingly risked his stepson’s safety by restraining him with a chain. The appeals court further misinterpreted trial evidence by concluding the stepson’s fall from the tall porch, where he was chained, impossibly happened while he was on a short chain and was therefore not risky. Logical interpretation and trial evidence holds that the stepson was able to escape the chain, leading to the fall, not that he fell while chained. Vacated.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: June 28, 2024, Case #: SCWC-22-499, Categories: domestic Violence, 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
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J. Hiland finds the trial court properly convicted defendant for domestic battery based on sufficient evidence. Defendant's fiancé's toddler, who was found unconscious while with defendant, suffered a severe brain bleed, which led to the diagnosis of physical child abuse. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: February 22, 2024, Case #: CR-23-603, Categories: Evidence, domestic Violence, child Victims
J. Huffman finds that defendant's due process rights were not violated when he was excluded from the victim's competency hearing with the trial court. His attorney was allowed to attend and no questions regarding defendant's guilt were asked during the hearing. Meanwhile, the decision by defendant's attorney not to call character witnesses was part of a sound trial strategy and does not rise to the level of ineffective assistance of counsel. Calling such witnesses would have opened the door to potentially harmful testimony about his relationship with his daughter, the victim. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: January 26, 2024, Case #: 2024-Ohio-277, Categories: domestic Violence, Due Process, child Victims
J. Benton finds a lower court properly revoked a defendant's probation for domestic violence and endangering a child. The defendant argued that his 24- month prison sentence in unreasonable. However, the government sufficiently showed in court that the defendant's actions of assaulting a domestic partner in front of the young child creates a detriment to her safety and emotional stability. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 12, 2023, Case #: 23-1406, Categories: Probation, domestic Violence, child Victims
J. Boyle finds that evidence during defendant's trial on domestic violence and child endangerment satisfied all elements of the offenses, including the creation of a substantial risk of serious harm. The corporal punishment administered, which included whipping the victim with a belt with such force that he had visible bruises the next day and could not walk into school, was not a reasonable form of parental discipline. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: November 30, 2023, Case #: 2023-Ohio-4316, Categories: Evidence, domestic Violence, child Victims
J. Sacks affirms the defendant’s convictions for attempted murder, assault and battery by means of a dangerous weapon on a child, and assault and battery on a child causing substantial bodily injury. The defendant’s expert witness on false confessions was not credible enough and generally accepted principals and methods of the scientific community didn't substantiate that the defendant provided a false confession. Furthermore, his child’s doctor had credibly explained the physical symptoms he’d witnessed and how they demonstrated contamination by a family member and then chemical injury.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: October 25, 2023, Case #: 22-P-705, Categories: Assault, domestic Violence, child Victims