6 results for 'cat:"Evidence" AND cat:"Sentencing" AND cat:"Assault"'.
J. Welch finds the trial court properly convicted defendant for assault on a peace officer based on sufficient evidence. When officers responded to a report by defendant's mother that defendant, who has a history of mental illness, was in an altercation with this brother, an altercation ensured between he and the officers. Defendant was not acting in self-defense, and the court properly found he was a habitual criminal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: February 6, 2024, Case #: A-23-087, Categories: evidence, sentencing, assault
J. Williamowski finds defendant's slamming of the victim's head on the counter with both hands was more than sufficient to prove he intended to cause her harm after a verbal argument and allowed the jury to convict him of felonious assault. Meanwhile, the trial court properly included fees and prosecution costs as part of defendant's sentence, as it was not required under Ohio law to consider defendant's ability to pay. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: September 11, 2023, Case #: 2023-Ohio-3209, Categories: evidence, sentencing, assault
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Welbaum finds the victims' injuries, including broken bones, abrasions, and severe bleeding that required treatment at a hospital, satisfied the serious physical harm element of defendant's assault charges and were sufficient to convict him. Meanwhile, the trial court made all required findings before it imposed consecutive sentences, and because defendant showed no remorse for his actions and injured numerous people, including two police officers, the seriousness of his crimes support the sentences. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 26, 2023, Case #: 2023-Ohio-1766, Categories: evidence, sentencing, assault