7 results for 'cat:"Jury" AND cat:"Murder" AND cat:"Sentencing"'.
J. Stevens affirms the trial court’s defendant's guilty plea conviction for murder and jury-imposed life sentence. The trial judge properly denied defendant’s request for a change of venue. He unsuccessfully argued he could not get a fair trial in the small county, citing comments by 95 people on earlier Facebook posts by the parents of the victim. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 12, 2024, Case #: 06-23-142, Categories: jury, murder, sentencing
J. Dato finds that defendant failed to make a prima facie case for resentencing on a first degree murder conviction. He could still be convicted despite changes to statute made since his conviction. And his allegation that the jury received an erroneous instruction that used now-disallowed "equally guilty" language could have been raised in his previous direct appeal. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: September 21, 2023, Case #: D080779, Categories: murder, sentencing, jury Instructions
J. Kellum finds that the lower court properly convicted defendant of murder and sentenced him as a habitual felony offender to life imprisonment without parole. Defendant argues there was error in the denial of his motions to remove certain jurors for cause, but any error was harmless, as he used his peremptory strikes to remove the two jurors. Additionally, there was no error in his sentence under the Habitual Felony Offender Act. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: August 18, 2023, Case #: CR-2022-0789, Categories: jury, murder, sentencing
J. Meehan finds that defendant is entitled to resentencing on attempted murder, assault and other charges due to changes to the Determinate Sentencing Law that limit trial court discretion to impose an upper term. Resentencing is required unless the upper term remains valid under federal and state law and the trial court would have imposed the upper term sentences under the new law. Vacated in part.
Court: California Courts Of Appeal, Judge: Meehan, Filed On: June 26, 2023, Case #: F083577, Categories: jury, murder, sentencing
J. Bunn, in response to the Monongalia County Circuit Court’s certified question as to whether a jury’s failure to unanimously decide the recommendation of mercy allows the court to impose the life sentence required for all first-degree murder convictions, answers “No.” The court holds in keeping with trial phase in a first-degree murder case a jury must reach a unanimous verdict and if it can’t, the court must declare a mistrial and empanel a new jury to determine mercy.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 12, 2023, Case #: 21-0554, Categories: jury, murder, sentencing
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Per curiam, the appellate division finds that the trial court improperly convicted defendant of second-degree murder and weapons charges because eyewitness testimony was properly admitted, and defendant failed to preserve arguments to limit jury instructions. However, sentences should run concurrently since the charges arose from the same crimes. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: KA 18-02110, Categories: murder, sentencing, jury Instructions
J. Olson finds that the lower court improperly denied defendant’s post-sentence motion to review his sentencing in his murder trial. The trial court must conduct an evidentiary hearing and determine whether or not a juror discussing the case with her father inserted outside influence into the outcome of defendant’s trial. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: June 7, 2023, Case #: J-A22008-22, Categories: jury, murder, sentencing