32 results for 'cat:"Evidence" AND cat:"Battery"'.
J. Bokor finds the trial court improperly denied defendant's motion for judgment of acquittal in his case alleging that, in his role as a police officer, he knowingly falsified an arrest affidavit and offense incident report and battered the person he was arresting. The evidence, including body camera footage from multiple officers, shows that defendant's description of the arrest in the documents in question is not "patently false or inaccurate" such that it constitutes a crime. The trial court erred in denying defendant's two motions for judgment of acquittal, and the case is remanded for defendant to be acquitted on both his official misconduct and battery charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 1, 2024, Case #: 22-1276, Categories: evidence, battery
J. Pyle finds that defendant was properly convicted of battery. Defendant waived his argument to challenge testimony provided by a doctor because he objected on different grounds during trial. Meanwhile, any error regarding the evidence would be harmless in light of the totality of the facts surrounding the severity of the victim's injuries. Affirmed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: April 30, 2024, Case #: 23A-CR-2367, Categories: evidence, battery, Experts
J. Bulla finds the trial court improperly convicted defendant for misdemeanor domestic battery. Defendant and his wife were involved in an incident after he discovered she had an affair. Defendant denied strangling his wife, though he admitted to carrying her against her will in a "bear hug" after she had run off into the desert threatening suicide. The jury could have found that defendant's "bear hug'' was necessary, being he is a trained EMT, and the couple lived in a remote location. He was entitled to assert a necessity defense in connection with that act. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: April 22, 2024, Case #: 86040-C0A, Categories: evidence, battery, Domestic Violence
J. McClendon finds that defendant was properly convicted of sexual battery of an eighty-three-year-old victim at her home. The still photos from the surveillance camera system at the home sent by the victim's granddaughter were properly authenticated by a deputy and accurately showed what the camera system captured on the day of the incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: April 19, 2024, Case #: 2023KA0801, Categories: evidence, battery
J. Wood finds the trial court properly convicted defendant for the first-degree battery of his 6-month-old daughter based on sufficient evidence. The hospital discovered 12 to 15 fractures throughout the child's body, a black eye and skin abrasions after defendant took her in for medical care when he found her arm was swollen. Forensic investigators said the injuries were consistent with abuse. Defendant also admitted no other adult was alone with the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: April 10, 2024, Case #: CR-23-539, Categories: evidence, battery, Child Victims
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J. Fitzgerald finds that defendant was properly convicted of second degree battery of an elderly newspaper deliveryman who had just dropped off a paper at the house of defendant's grandfather. The testimony of the victim and witnesses shows defendant's actions in attacking the victim were "objectively unreasonable" and that the victim was merely walking back to his vehicle prior to the confrontation with defendant. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: March 6, 2024, Case #: KA-23-518, Categories: evidence, battery, Elder Abuse
J. Brown finds the trial court improperly sentenced defendant for felony domestic battery. The victim, defendant's girlfriend, testified that he, in a drunken rage, assaulted her after she told him that she was not "in the mood." She also testified to other instances of abuse, including defendant's punching her in front of her daughter. Photos taken by police showed the victim had been choked and that her arms were scratched. Though ample evidence supports the conviction, defendant had not yet been tried and convicted for a previous incident, which was improperly used as a sentencing enhancement. Reversed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 6, 2024, Case #: CR-23-184, Categories: evidence, Sentencing, battery
J. Klappenbach finds the trial court properly convicted defendant for aggravated robbery and battery. The victim and an associate testified defendant shot the victim in the hand after demanding money when they responded to his Facebook Marketplace ad offering a Corvette for sale. Though a previous victim did not identify defendant, an online account mentioned by him was associated with defendant and was properly admitted as evidence of prior bad acts. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: March 6, 2024, Case #: CR-23-402, Categories: evidence, Robbery, battery
J. Miller finds the trial court properly adjudicated defendant delinquent in his battery case and sentenced him to one year of supervision by the Department of Juvenile Justice. The trial court did not err by admitting into evidence surveillance video of defendant punching another resident at the group home where they lived, as a group home employee and a police officer acting as witnesses authenticated the video and vouched for what it depicted. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: February 21, 2024, Case #: 22-1697, Categories: evidence, Juvenile Law, battery
J. Riedmann finds the trial court properly convicted defendant for disorderly conduct, sentencing him to 60 days in jail. An altercation involving the use of a leaf blower ensued when defendant interrupted the worker. The credibility and demeanor of multiple witnesses who claimed they were afraid of defendant support the conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-256, Categories: evidence, Assault, battery
J. Vaidik finds that defendant was properly convicted of battery because a specific piece of evidence the court initially declined to admit was eventually admitted into the record. Meanwhile, evidence indicated that defendant swung a long stick-like object at the victim and hit them in the head. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: December 11, 2023, Case #: 23A-CR-985, Categories: evidence, battery
J. Kyzar finds that defendant was properly convicted of sexual battery, malfeasance in office, and filing or maintaining false public records stemming from incidents involving a female patrol officer and fraudulent traffic tickets that happened when he was a police chief. There was no double jeopardy violation in this case, and the victim's testimony about the incidents was sufficient evidence that defendant committed sexual battery. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 8, 2023, Case #: KA-23-218, Categories: evidence, Double Jeopardy, battery
J. Gruber finds the trial court properly convicted defendant for attempted battery of a law enforcement officer and fleeing. Defendant was arrested after the officer, who knew he had arrest warrants, stopped the vehicle in which he was a passenger. Defendant fled in the vehicle after a short altercation and the officer pursued him, performing a vehicle immobilization maneuver to stop the vehicle. Defendant drove the vehicle directly at the officer, who shot at the vehicle three times to disable it. All events were captured on the officer’s dash cam. All evidence is sufficient to support the convictions and was properly entered. All jury instructions were proper. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: November 8, 2023, Case #: CR-22-460, Categories: evidence, Escape, battery
J. Brown finds the trial court properly convicted defendant for battery committed against a 75-year-old man. Evidence of the victim’s previously unknown convictions for robbery, domestic battery, and solicitation of murder, as disclosed during trial by the victim’s testimony, did not constitute a discovery violation. The testimony did not prove that the victim was the aggressor and defendant’s motion for directed verdict was properly denied. No proof was presented for self-defense and the court properly denied defendant’s request for jury instruction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CR-22-407, Categories: evidence, battery, Jury Instructions
J. Pickett finds that defendant was properly convicted and sentenced for second degree battery of an elderly victim who was delivering a newspaper to defendant's grandfather. The evidence of the victim's "serious debilitating injuries" and witness testimony proved the specific intent element of the offense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: October 25, 2023, Case #: KA-23-238, Categories: evidence, Sentencing, battery
J. Barrett finds the trial court properly convicted defendant for the rape of his wife and domestic battery. Video evidence shot by the wife shows that defendant became upset when he found that his wife texted photos of her children to her ex-husband, the children’s father. The confrontation led to accusations of his watching porn, which led to the assault that included defendant’s inserting his fingers into his wife’s vagina. All evidence supports the convictions and the court properly denied defendant’s motion to included evidence of his wife’s prior sexual conduct. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 25, 2023, Case #: CR-22-814, Categories: evidence, Sex Offender, battery
J. Webb finds the trial court properly convicted defendant for aggravated residential burglary, attempted murder, battery, breaking or entering, theft of a firearm and criminal impersonation of an FBI officer. Extensive evidence, including police body cam video and victim and police testimony, shows that defendant and an accomplice robbed a farmhouse and shot the owner in the neck. The jury was properly instructed on the use of certain transcripts. No prosecutorial misconduct is found as regards the alleged failure to disclose the publicly available guilty plea of the accomplice. Defendant was properly sentenced to terms amounting to over life in prison as a habitual offender with multiple enhancements. The Arkansas Supreme Court grants counsel’s motion to withdraw. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: October 12, 2023, Case #: CR-23-22, Categories: Burglary, evidence, battery
J. Altice finds that defendant was properly convicted of neglect leading to a catastrophic injury after his girlfriend's baby died following hematomas, retinal hemorrhaging, and five fractured ribs. That the jury's reasons for acquitting defendant of battery remain unclear does not require setting aside the neglect conviction, and evidence indicates the baby was "perfectly fine" after being looked after by another babysitter. Meanwhile, the baby had been heard making a loud whimpering sound while being cared for by defendant in another room. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice , Filed On: October 11, 2023, Case #: 22A-CR-3022, Categories: evidence, battery, Child Victims
J. Soud finds the trial court properly convicted defendant of sexual battery and trespass and sentenced him to 10 years' imprisonment in a case in which he was alleged to have sneaked into the victim's residence in the middle of the night and sexually battered her while she believed she was having intercourse with her boyfriend. Although the trial court erred by excluding evidence of defendant's two prior consensual sexual encounters with the victim under Florida's rape shield law, the error was harmless because the trial record shows defendant's credibility with jurors "was severely diminished" under the weight of other evidence as compared to the credibility of the victim's account. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: September 29, 2023, Case #: 22-1890, Categories: evidence, Sex Offender, battery
J. Stephens finds that defendant was properly convicted of second degree battery. The victim identified defendant in a photo lineup six days
after the shooting and again at trial as the person who shot him. The victim stated he was “one hundred percent” sure that defendant shot him and testified to the verbal exchange between himself and defendant, and that, although the parking lot was dark, he was able to see defendant as the driver of the vehicle. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,275-KA, Categories: evidence, Sentencing, battery
Per curiam, the Massachusetts Court of Appeals reverses a jury’s finding of guilt against the defendant because the judge made an error in allowing Facebook posts made by the defendant to be shared with the jury. The posts were evidence of poor character in the form of bigotry and racism but not evidence of the defendant being guilty of assault and battery with a dangerous weapon, which is what he was on trial for. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: August 8, 2023, Case #: 22-P-844, Categories: evidence, Assault, battery
J. Ellis finds the trial court improperly convicted defendant for aggravated domestic battery for breaking his girlfriend's nose. The court prohibited reference to and excluded video evidence which defendant claimed showed his girlfriend's propensity for violence, resulting in his need to defend himself. The video was excluded because the depicted event occurred after that which is the basis for the charges. The video was improperly excluded because it was illustrative of the girlfriend's propensity to commit violence and may have bolstered defendant's claim that she was the initial aggressor. Reversed.
Court: Illinois Appellate Court, Judge: Ellis , Filed On: June 30, 2023, Case #: 1-19-2479, Categories: evidence, battery, Domestic Violence
J. Stone finds that defendant was properly convicted of child endangerment and the responsive offense of aggravated battery. Evidence of defendant's prior conviction was properly admitted because both the prior crime and the instant action involved defendant battering his girlfriend and cutting her with a knife. Further, the prior crime evidence was highly probative for impeaching defendant’s testimony that he was acting in self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: June 28, 2023, Case #: 55,165-KA, Categories: evidence, battery, Domestic Violence
J. Cohen finds the trial court improperly denied defendant's motion for acquittal on the charge of aggravated battery on a law enforcement officer. The state gave no evidence showing a "connection between the impact of the collision and a battery of any of the individual officers." Defendant is entitled to a new sentencing hearing. Reversed.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 14, 2023, Case #: 6D23-790, Categories: evidence, Sentencing, battery
J. May finds that defendant was properly convicted of battery of a person less than 14-years-old because evidence indicates defendant held and physically restrained his son for over an hour in an unreasonable use of force. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: June 8, 2023, Case #: 22A-CR-2534, Categories: evidence, battery
J. Womack, on review, finds the trial court properly convicted defendant for battery for a stabbing. The physician assistant who treated the victim testified that the wound extended to the layer of tissue that separates the skin from the muscles and tendons, which is substantial evidence that he suffered a serious physical injury. This sufficed to support a battery conviction. Jury trial scheduling weighed against granting defendant’s request to change counsel, particularly considering granted continuances. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: June 8, 2023, Case #: CR-22-21, Categories: evidence, battery, Due Process
J. Tanenbaum denies the state a writ of certiorari after the trial court excluded evidence demonstrating the severity of the victim's injuries in defendant's trial for misdemeanor battery because the decision was within the court's discretion.
Court: Florida Courts Of Appeal, Judge: Tanenbaum, Filed On: June 7, 2023, Case #: 1D21-0361, Categories: evidence, battery