16 results for 'cat:"Evidence" AND cat:"Kidnapping"'.
J. Kamins finds the trial court properly declined defendant’s motion for acquittal based on “evidence that defendant forced [the victim] to leave his home under threat of being shot, shoved him through the door, made him get into the car, including dictating where he sat, and caused him to be driven to a motel across the freeway, all under continuing threat of being shot.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: April 17, 2024, Case #: A179149, Categories: evidence, kidnapping
J. Aoyagi finds the evidence was legally sufficient to convict defendant of second-degree kidnapping and domestic violence. “After viciously assaulting and strangling [the victim]—including breaking her nose—defendant dragged [the victim] by her neck out of the motorhome, into the shed, and into his Jeep, and then attempted to leave the property with her.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: March 6, 2024, Case #: A178684, Categories: evidence, Domestic Violence, kidnapping
[Consolidated.] J. Doyle finds that the trial court properly granted defendant's motion to suppress evidence derived from real-time GPS and cell-site location information provided by T-Mobile to police. The evidence led to defendant's indictment for rape, kidnapping, robbery and other offenses. The trial court discredited a detective's testimony about the exigent circumstances request made by police and found that four statements in the request contained misrepresentations which exaggerated the exigency of the circumstances. The trial court also correctly rejected defendant's motion to dismiss three counts of the indictment related to the alleged rape in his vehicle. There is no evidence that police acted in bad faith by failing to prevent the vehicle from being vandalized before defendant could search for allegedly exculpatory evidence inside. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: February 29, 2024, Case #: A23A1444, Categories: evidence, Sex Offender, kidnapping
J. Erickson finds a lower court properly dismissed a defendant's motion for a new trial on claims of violations of his Fifth and Sixth Amendment rights. The defendant, who was convicted on charges of kidnapping, interstate domestic violence, and strangulation, argued that the lower court excluded evidence that his dating partner had undergone previous trauma, which included past abortions and the death of her previous partner, who committed suicide. However, the government sufficiently showed in court that his attempt to present evidence of her prior trauma did not bolster his alleged innocence, and that she was not a willing participant in the "alleged consensual asphyxiation." Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 28, 2024, Case #: 23-1345, Categories: evidence, Domestic Violence, kidnapping
J. Virden finds the trial court properly convicted defendant for kidnapping. All evidence supports the conviction, as well as the court's denial of defendant's motion to represent himself. Defendant's arguments supporting self-representation included singing, explaining the problem was that he needed a real girlfriend, and referring to himself a soldier of truth and understanding. He also addressed the court as “Mommy” and “Judge K.” Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 31, 2024, Case #: CR-22-818, Categories: evidence, kidnapping, Self Representation
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J. Tookey finds trial court properly denied defendant’s motion for judgment of acquittal on a second-degree kidnapping charge. “Evidence is legally sufficient for the jury to have determined that defendant had the requisite intent to ‘interfere with [the victim’s] freedom of movement’ during the nonconsensual taking.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 24, 2024, Case #: A178356, Categories: evidence, Sex Offender, kidnapping
J. Petersen finds the court of appeals properly reversed the trial court's conviction of defendant for kidnapping and assaulting his ex-girlfriend. Defendant refused to provide the passcode to his phone after his arrest and the state argued his refusal undermined his defenses. Defendant had a Fifth Amendment right to refuse to provide his passcode, which the state violated when it used his refusal against him at trial. Affirmed.
Court: Utah Supreme Court, Judge: Petersen , Filed On: December 14, 2023, Case #: 2023 UT 26, Categories: Constitution, evidence, kidnapping
J. Trapp finds defendant's due process rights were not violated when the trial court denied her motion for a continuance when she failed to appear at the start of the trial. She was fully aware of the start time, had attended previous hearings and did not provide a reason why she was involuntarily prevented for arriving on time, other than her "ride fell through." Meanwhile, surveillance footage of defendant at her husband's home, coupled with the husband's 911 call and testimony that she told him she was taking their child, was more than enough evidence to convict her of kidnapping. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: December 4, 2023, Case #: 2023-Ohio-4369, Categories: evidence, kidnapping, Due Process
J. Chehardy finds that defendant was properly convicted of aggravated kidnapping and aggravated burglary. Defendant was not denied his right to face his accuser when he was prohibited from calling one of the victims, who is elderly and was suffering from health issues, to testify because the other victim testified and identified defendant as the perpetrator. Further, the state presented physical evidence such as gloves, defendant’s cellphone, and shoes that linked defendant as the person who exited the victims’ vehicle at the bank and ran after holding the victims at gunpoint. Also, defendant's motion to suppress his statement was properly denied because, despite being sixteen at the time of the statement, his mother was present, and the Juvenile Rights form was explained to him and his mother. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 29, 2023, Case #: 23-KA-161, Categories: Burglary, evidence, kidnapping
J. Malone finds a lower court improperly dismissed a defendant's illegal sentence claims against the state. The state argued that the defendant, who was convicted on charges of aggravated burglary, kidnapping, and repeatedly stabbing his victim, is not entitled post trial motion for ineffective representation. However, the defendant presented sufficient evidence in court that he was denied "conflict- free counsel." Vacated.
Court: Kansas Courts Of Appeal, Judge: Malone, Filed On: November 22, 2023, Case #: 124,725, Categories: Burglary, evidence, kidnapping
J. Boyle finds the trial court properly allowed joinder of defendant's trial with her co-conspirators because the charges against all of the co-defendants were similar in nature and based on the same course of conduct, while the not-guilty verdict on one of defendant's robbery charges proves the jury was not confused by any of the evidence. Meanwhile, defendant's conversations with her co-conspirators and surveillance footage that showed the three individuals entering a variety of properties that were robbed on the same night was sufficient for the jury to convict her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: November 2, 2023, Case #: 2023-Ohio-3971, Categories: evidence, Robbery, kidnapping
J. Trapp finds the trial court properly denied defendant's motion for acquittal on kidnapping, assault and other charges, all of which were supported by sufficient evidence, including testimony from the victim and defendant's own admission he took the victim's car keys to prevent her from leaving his home. Meanwhile, even though witnesses provided conflicting testimony and the victim contradicted herself at times during cross-examination, the jury was in the best position to determine witness credibility and did not clearly lose its way when it convicted defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: September 5, 2023, Case #: 2023-Ohio-3122, Categories: evidence, Assault, kidnapping
J. Petersen finds that the trial court properly refused to suppress recordings of jailhouse phone calls that defendant made to his wife. He gave implied consent under the Interception Act's consent exception. An inmate handbook, a placard next to the phone and a pre-call message notified him that his calls might be monitored or recorded. Though he did not have an alternative to the jail's phone, the surveillance policy is a reasonable security measure. Affirmed.
Court: Utah Supreme Court, Judge: Petersen, Filed On: June 29, 2023, Case #: 20210470, Categories: evidence, Domestic Violence, kidnapping
J. Easter finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of attempted rape and attempted aggravated kidnapping for engaging in sex with an unconsenting 17-year-old girl. Evidence is sufficient to support his convictions and effective 30-year sentence. The matter is remanded to the trial court for judgment on the charge of violation of the sex offender registry. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: June 12, 2023, Case #: E2022-01045-CCA-R3-CD, Categories: evidence, Sex Offender, kidnapping