62 results for 'cat:"Evidence" AND cat:"Robbery"'.
J. Welbaum finds the trial court properly denied defendant's motion to merge his robbery and theft convictions for sentencing purposes. Although they involved the same incident of shoplifting, the theft occurred when he initially left the store, while the robbery took place as he fled from security and drove away in his vehicle. Meanwhile, the distinctive clothing worn by defendant when he was arrested and identified by the store employee, as well as merchandise found in defendant's home that matched items stolen from the store, was sufficient for the jury to convict him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 10, 2024, Case #: 2024-Ohio-1801, Categories: Criminal Procedure, evidence, robbery
J. McMullen finds the lower court properly dismissed defendant’s pro se petition for writ of error coram nobis. Defendant was convicted of aggravated burglary, aggravated robbery and employing a firearm during the commission of a dangerous felony for his role in detaining a victim and taking items from the victim’s apartment. Defendant received an effective sentence of life without parole. Defendant filed his petition five years after the finalization of his convictions and sentence, far beyond the one-year statute of limitations, and it was dismissed accordingly. Defendant argues the statute of limitations should be tolled as he claims discovery of new evidence, but the instant court finds the newly discovered evidence, an affidavit, is from someone known at the time of trial that the defense never called as a witness, and would not have affected the outcome of the trial. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: April 22, 2024, Case #: M2023-00858-CCA-R3-ECN , Categories: Burglary, evidence, robbery
J. Cox finds that defendant was properly convicted of attempted simple robbery. In this case, eyewitness bank tellers testified that the person who attempted to rob the bank in a wig and mask was overweight, matching defendant's body type description. Further, defendant's car matched the car that the robber fled in, and officers discovered strands of yellow synthetic hair that came from a wig, as well as a burgundy hat, face mask, jeans, and a shirt in the car that matched the description provided by both eyewitnesses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,591-KA, Categories: evidence, robbery
J. Sullivan finds that the lower court properly sentenced defendant after a jury convicted him of robbery, aggravated assault and related crimes while on parole; all the charges stem from defendant’s robbery of a victim at gunpoint after hiding in the victim’s vehicle. Using location data from defendant’s GPS ankle monitor to link him to the crime is reasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S09039-23, Categories: evidence, robbery, Assault
J. Vaidik finds the trial court properly convicted defendant for four counts of murder and one count of robbery. Police responded to a report of shootings to find a drug dealer and three associates shot multiple times, with the dealer's apartment having been ransacked. Surveillance footage shows a vehicle associated with defendant at the scene. A friend of the victims who left the apartment after defendant and his accomplices had arrived but before the shooting occurred also identified the defendant. Evidence from defendant's cell phone was properly admitted, with the search warrant supported by probable cause. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik , Filed On: March 15, 2024, Case #: 23A-CR-898, Categories: evidence, Murder, robbery
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J. Gwin finds the victim's testimony he confronted defendant in the driver's seat of his vehicle and that defendant pointed a gun at him before striking him with the same weapon as he fled was sufficient to convict defendant of aggravated robbery and felonious assault. Meanwhile, the jury's decision to acquit defendant on several firearm specifications did not create an inconsistent verdict because there was sufficient evidence to support all of the guilty verdicts, while the acquittal could represent mercy or compromise on the part of the jury, not confusion. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: March 12, 2024, Case #: 2024-Ohio-923, Categories: evidence, Jury, robbery
J. Mathis finds that defendant was properly convicted of armored robbery, battery, and auto theft because the trial court properly allowed police officers to testify about the victim's out-of-court statements, and evidence indicates defendant had not merely possessed the vehicle but had stolen it and committed theft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathis, Filed On: March 11, 2024, Case #: 23A-CR-954, Categories: evidence, robbery, Theft
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. Reynolds Fitzgerald finds that defendant was properly convicted of attempted murder, attempted assault, robbery, burglary and weapon possession stemming from an altercation at a motel because the verdict was supported by testimony from the robbery victim, who had been shot in the leg in his motel room, and from codefendant, who struggled with the victim. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: February 29, 2024, Case #: 111647, Categories: evidence, Firearms, robbery
J. Robinson finds that defendant was properly convicted of armed robbery and being a felon in possession of a firearm for robbing a gas station. In this case, defendant's DNA was found on the ski mask that was described by the victim and seen in the surveillance footage. The ski mask was found near the gas station in the direction the perpetrator fled after the robbery. Further, the victim's stolen cell phone was found near the ski mask by a police dog. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: February 28, 2024, Case #: 55,569-KA, Categories: evidence, Firearms, robbery
J. Clark finds that the lower court properly convicted defendant of robbery, attempted robbery, and petit larceny for committing a retail holdup spree with codefendant, who turned state's evidence. Defendant challenged the veracity of codefendant's testimony, but such was corroborated by surveillance video and witnesses who worked at the stores. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 22, 2024, Case #: 110488, Categories: evidence, robbery, Accomplice Liability
J. Aarons finds that the lower court properly convicted defendant of murder, robbery, and weapon possession after codefendants ripped off marijuana sellers and defendant shot one of the dealers following a car chase. Witnesses established that defendant brandished a gun upon taking the marijuana and shot the victim after approaching his vehicle. Defendant contends a robbery could not have occurred since "owning" marijuana was illegal in New York at the time, but this claim lacked merit. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 22, 2024, Case #: 112197, Categories: evidence, Murder, robbery
J. Thierry finds that defendant was properly found guilty of armed robbery of a gas station for an incident in which he was accused of hitting the cashier with a beer bottle and taking money from the register. The surveillance video and the police interview was sufficient evidence to identify defendant as the perpetrator of the crime. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: February 21, 2024, Case #: KA-23-135, Categories: evidence, robbery, Identification
J. Miller finds that despite defendant's claim he did not assault the victim to steal her phone, the state was not required to prove his mental state to convict him of robbery. Rather, it was required to prove he threatened or inflicted serious physical harm on the victim and, therefore, his conviction was supported by sufficient evidence because he took the phone immediately after he punched and dragged the victim. Meanwhile, the failure by defendant's attorney to object to potential hearsay testimony from a detective about inconsistencies in the victim's story did not prejudice defendant or rise to the level of ineffective assistance of counsel. The victim's testimony alone was sufficient to convict defendant of all three offenses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: February 20, 2024, Case #: 2024-Ohio-629, Categories: evidence, Ineffective Assistance, robbery
J. Batchelder finds the trial court properly denied defendant's motion to suppress the purchase history obtained from Walmart by FBI agents during his trial for bank robbery. Although the agents did not have a search warrant, defendant did not have an expectation of privacy, given he bought the rain poncho and manila envelopes in a public store with a pay app that disclosed his name, address and payment information. Furthermore, the trial court properly refused to suppress results of a search of defendant's vehicle. Law enforcement was not required to obtain a search warrant before they seized and conducted the search, as defendant used his car in the commission of the crimes and was seen leaving Walmart. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: February 8, 2024, Case #: 23-5126, Categories: evidence, robbery, Search
J. Mann finds the lower court properly denied the motion to suppress an out-of-court identification and the subsequent in-court identification. A masked man attempted to rob a man and his son, but the man grabbed the gun when he noticed by the size of its barrel that it was a BB gun. The responding police officer, after hearing the masked man was skinny, young, Caucasian, and brown-eyed, showed the victim a photo of a light-skinned Latino resident who lived in the area, and the man immediately recognized him as the assailant. The officer’s comment acknowledged that he was unsure about his suspicion of the light-skinned man and had only provided the photograph of him because the officer believed he roughly matched the description given by the victim. The officer’s comments did not create circumstances that induced the victim to inevitably identify the light-skinned man. Affirmed.
Court: Virginia Supreme Court, Judge: Mann, Filed On: February 8, 2024, Case #: 220445, Categories: evidence, robbery, Due Process
J. Tabor finds that defendant was properly denied postconviction relief after being convicted of robbery for holding up a Pizza Hut. His former co-workers recognized him and overwhelming evidence of the crime was found in defendant's car; therefore, counsel's recommendation that he waive a jury trial was an appropriate strategy. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 7, 2024, Case #: 22-1885, Categories: evidence, Ineffective Assistance, robbery
J. Kyzar finds that defendant was properly convicted of second degree murder and given a life sentence stemming from her role in the shooting death of a victim found along a riverbank in a park. There was sufficient evidence of defendant's involvement in the robbery, kidnapping and murder of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: January 31, 2024, Case #: KA-23-350, Categories: evidence, Murder, robbery
J. Dillard finds that the trial court properly granted defendant's third amended motion to suppress evidence found during a police search of a home which led to defendant's arrest for armed robbery, aggravated assault and a firearm offense. The trial court correctly found that defendant had standing to challenge the validity of the search warrant because he was a regular overnight guest at the home. Defendant had been staying at the home in the days before the search warrant was executed and had clothes and personal items with him. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 30, 2024, Case #: A23A1728, Categories: evidence, robbery, Search
J. Johnson finds the trial court properly denied defendant's motion for post-conviction DNA testing. After the appeals court affirmed his conviction for aggravated robbery, defendant filed the DNA testing motion, which was then denied. Defendant did not point out where biological evidence amenable to DNA testing might have been found, nor has he shown that he may not have been convicted if the testing were allowed. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 24, 2024, Case #: 09-23-00199-CR, Categories: Dna, evidence, robbery
J. Buller finds that defendant was properly denied relief from his conviction for robbing a payday lender. Defendant contends counsel should have objected to the admission of a gun during trial, but the trial transcript indicates defendant instructed counsel to withdraw the objection for strategic purposes after discussing pros and cons. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1285, Categories: evidence, Ineffective Assistance, robbery
J. Worthen finds the trial court properly convicted defendant for aggravated robbery based on sufficient evidence. After robbing a restaurant manager at gunpoint of money from the safe and his cell phone, tracking information from the victim's cell phone led to defendant. Furthermore, police officers, with a warrant, used defendant's cell phone location history, which put him at the location of the robbery when it occurred. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 11, 2024, Case #: 12-22-00270-CR, Categories: evidence, robbery, Technology
J. Stephens finds that defendant was properly convicted of armed robbery of a liquor store. There was surveillance footage of the liquor store robbery showing that the perpetrator was dressed similarly to defendant in his commission of another robbery. Additionally, DNA evidence connected defendant to both of the robberies. Further, defendant was properly sentenced to 35 years on each robbery charge, with a five year firearm enhancement. The sentences were midrange, and both robberies involved several victims and created a serious danger to the victims because of his use of a gun. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,443-KA, Categories: evidence, robbery, Sentencing
J. Levine finds that the trial court properly allowed Snapchat video into evidence in defendant's trial for home invasion robbery. Even had defendant preserved error, he had not objected to a detective's testimony stating he had detained defendant based in part on the video, and the evidence at issue was merely cumulative to testimony to which defendant failed to object. Affirmed.
Court: Florida Courts Of Appeal, Judge: Levine, Filed On: January 10, 2024, Case #: 4D2022-1988, Categories: evidence, robbery
J. Wollman finds a lower court properly convicted two defendants for conspiracy to interfere with commerce by robbery. The defendants, who were sentenced to 240 and 120 months in prison, argued that evidence presented in court was insufficient. However, the government sufficiently showed in court that police officers located ski masks and a pair of black gloves in the front seat of a vehicle that they fled from on foot, and then obtained a warrant to search a third party's rental home, where they located currency and firearms. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: December 27, 2023, Case #: 22-2653, Categories: evidence, robbery, Sentencing
J. Willett finds the district court improperly denied one defendant's motion for a new trial on robbery and conspiracy charges related to the deadly robbery of a Loomis truck. New evidence emerged regarding the credibility of government witnesses, which is material as applied to one defendant; therefore, the prosecutor's disclosure of it must be reviewed. The armored truck company does not tally money by serial number, and money found in this defendant’s house would have to have been connected to the robbery by denomination. Evidence suggests the money may have been from defendant's employer, who paid him in cash. Reversed in part.
Court: 5th Circuit, Judge: Willett , Filed On: December 22, 2023, Case #: 22-30238, Categories: evidence, robbery, Conspiracy
J. Dorrian finds that while the victim gave defendant permission to use his car prior to the shooting, defendant's robbery conviction was supported by sufficient evidence. The victim clearly could not give consent to allow defendant to drive the car after he was shot and killed. Meanwhile, eyewitness testimony from the victim's stepdaughter that she saw defendant shoot the victim at point-blank range shortly after the two exited the vehicle was sufficient to support the aggravated murder conviction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: December 21, 2023, Case #: 2023-Ohio-4671, Categories: evidence, Murder, robbery