26 results for 'cat:"Jury" AND cat:"Robbery"'.
J. Barnes finds that the trial court properly denied defendant's motion for a new trial on his convictions for armed robbery and other offenses arising from the theft of a pair of Yeezy limited edition sneakers. The trial court correctly admitted into evidence stipulations related to the search of defendant's home, security video obtained from the grocery store where the shooting occurred and audio and video recordings of police interviews with the victims. Defendant's counsel agreed to the written list of stipulations. The trial court correctly instructed the jury on the law of factual stipulations and on possession of a firearm during the commission of a felony. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: May 15, 2024, Case #: A24A0523, Categories: robbery, jury Instructions
J. Gladwin finds the trial court properly convicted defendant for aggravated robbery. After the Walmart cashier was robbed at gunpoint, identifying a “tall male, lighter-skinned [b]lack guy” with an earring in his left ear, other witnesses also identified defendant as the robber. Defendant was arrested while still wearing the clothing identified by the witnesses. Sufficient evidence, including surveillance video, supports the conviction. That defendant used an inoperable weapon while making death threats is still sufficient to support the factor of aggravation. Defendant has failed to show how the state's striking of a juror prejudiced him. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: May 15, 2024, Case #: CR-23-438, Categories: jury, robbery, Weapons
J. Baker finds that the trial court properly convicted defendant of capital murder. Defendant argues that errors in the abstract of the jury charge led to him being harmed, specifically the mention of "intentionality" in the course of determining whether someone has committed capital murder. While the abstract did contain errors, the rest of the abstract greatly outweighs any potential harm those errors could have had on defendant's case. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: April 25, 2024, Case #: 03-23-00044-CR, Categories: jury, Murder, robbery
J. Ortego finds that defendant was properly convicted for carjacking and adjudicated as a fourth habitual offender, resulting in a life sentence of hard labor without parole. There was plenty of evidence that defendant attacked the carjacking victim unprovoked, thus there was "violence" and all of the elements of the crime were established beyond a reasonable doubt. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: KA-23-736, Categories: robbery, Vehicle, jury Instructions
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J. Robinson finds that defendant was properly convicted of first degree robbery. The record shows no nonfrivolous errors regarding the conviction, and the evidence against defendant is overwhelming. Further, the trial court properly denied defendant's Batson challenge since the state asserted race-neutral reasons for the peremptory strikes of the black jurors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: April 10, 2024, Case #: 55,582-KA, Categories: Criminal Procedure, jury, robbery
J. Ecker finds the trial court properly instructed the jury and denied defendant’s claim that he was deprived of his right to a fair trial under the due process clause due to conflicting statements by the prosecutor during cross-examination and rebuttal argument. The defendant fails to establish that the jury instruction was an injustice. Affirmed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: April 5, 2024, Case #: SC20720, Categories: robbery, Due Process, jury Instructions
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. Diaz finds the lower court properly convicted the defendant of Hobbs robbery. The defendant and a group of co-conspirators attempted to rob the owners of a local restaurant as they returned home from work, leading to a shootout that left one of the owners dead. The defendant claims the jury was unfair because the court struck two Black jurors, the same race as a defendant, and no white defendants. Although both the Black defendants and white defendant did not raise their hands as they should have when asked verbatim whether they had family members who had ever been plaintiffs or defendants in a court case, the white juror had told the court before she had a family member that fit the description the verbatim questioning. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: February 15, 2024, Case #: 21-4458, Categories: jury, robbery, jury Instructions
J. Lagoa finds that the district court properly convicted defendant of Hobbs Act robbery and correctly sentenced him to 180 months in prison. The district court correctly rejected defendant's proposed jury instruction on evaluating eyewitness identifications. The pattern instruction substantially covered defendant's proposed instruction. Statements made by two detectives and an FBI agent were not prejudicial to defendant. Sufficient evidence was presented to support defendant's convictions, including surveillance video showing that the robber pointed a gun at a store employee and wore boots which were found in defendant's car. Affirmed.
Court: 11th Circuit, Judge: Lagoa, Filed On: January 24, 2024, Case #: 22-10408, Categories: robbery, jury Instructions
J. Flaum finds that the lower court properly denied defendant's habeas petition stemming from the state court's decision to answer a jury question ex parte during defendant's criminal trial on robbery charges. The communication did not have a substantial an injurious effect on the jury's verdict. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: January 22, 2024, Case #: 22-3082, Categories: Habeas, robbery, jury Instructions
J. Pritzker finds that the lower court properly convicted defendant of robbery and burglary. Defendant, who is Black, objected to the allegedly pretextual dismissal of a prospective Black juror for having pink hair, but the prosecution contends that, no matter the race, jurors with odd hair hues would be challenged as "completely nonconformist." Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 21, 2023, Case #: 112253, Categories: jury, robbery
[Consolidated, redacted.] J. Sabatino finds that the trial court properly convicted defendants of armed robbery of Poppie's Deli based on surveillance video that captured defendants taking the victim out of the building. Defendant was not prejudiced by the decision allowing the jury to view the video several times in slow motion because the court exercised proper discretion, and video playback occurred in open court within the presence of counsel. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: December 21, 2023, Case #: A-0377-20, Categories: Evidence, robbery, jury Instructions
J. Welling finds the trial court erroneously denied defendant's request for a jury instruction on the affirmative defense of involuntary intoxication during his trial on aggravated robbery and felony menacing charges. He provided sufficient evidence to indicate an unknown substance was in the marijuana he smoked prior to the commission of his crimes. Defendant's testimony about his past usage of marijuana and its effects on him, when contrasted with descriptions of his erratic and aggressive behavior on the night he assaulted a security guard shortly after taking two hits from a joint offered by a friend satisfied the threshold for the court to include an involuntary intoxication instruction. Reversed.
Court: Colorado Court Of Appeals, Judge: Welling, Filed On: November 22, 2023, Case #: 2023COA110, Categories: robbery, jury Instructions
J. Brown finds that the district court properly denied defendant's application for post-conviction relief on his claim that the jury's verdict was not unanimous. In this case, based on the review of jury polling slips, the district court determined the jury was unanimous and defendant was not entitled to relief. Further, it was within the district court’s discretion to deny the application for post-conviction relief without first receiving an answer from the state. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: October 26, 2023, Case #: 2023-K-0643, Categories: jury, robbery
J. Land finds that the trial court properly convicted defendant of armed robbery, false imprisonment, aggravated assault, burglary, cruelty to children and firearm offenses arising out of a home invasion. The trial court correctly denied defendant's motion for a mistrial after the state's timeline and work product inadvertently went back with the jury during deliberations for about 90 minutes. The trial court gave the jury a limiting instruction directing them not to consider the timeline during deliberations. The small amount of extra-judicial information on the timeline was non-prejudicial. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 26, 2023, Case #: A23A1078, Categories: Burglary, jury, robbery
J. Pryor finds that the district court properly convicted defendant of Hobbs Act robbery, conspiracy to commit Hobbs Act robbery and brandishing a firearm during a crime of violence. The district court did not abuse its discretion by striking a juror for cause due to her answers to questions about her ability to be impartial. The juror, a Jehovah's Witness, could not confirm her ability to be fair and said she could not judge other people due to her religious beliefs and her lack of faith in the justice system. The district court correctly allowed police officers to offer lay opinion testimony identifying defendant in surveillance videos and photos. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: August 29, 2023, Case #: 22-10179, Categories: jury, robbery
[Consolidated.] Per curiam, the appeals court orders a new trial for two defendants who were sentenced to 12 years in prison for robbery and attempted gang assault. The trial court did not follow protocol when it addressed their Batson objections to peremptory challenges that arguably excluded non-white prospective jurors based on their race; the full challenges were not allowed to be presented to the court.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: August 17, 2023, Case #: 04349, Categories: Fair Trial, jury, robbery
J. McDonald finds the lower court properly convicted defendant of armed robbery with an elderly victim enhancement. Defendant followed a 74-year-old jogger to his home, where he held him at gunpoint and demanded the jogger’s money. The instant court finds the lower court properly applied the sentencing enhancement, sentencing him to ten years in custody, with five years suspended and five years to serve. The lower court did not abuse its discretion by refusing defendant’s request for jury instructions for a lesser-included offense of simple assault as it found no reasonable jury would find him guilty of the lesser charge and not armed robbery. Affirmed.
Court: Mississippi Court Of Appeals, Judge: McDonald, Filed On: August 8, 2023, Case #: 2022-KA-00573-COA, Categories: robbery, Sentencing, jury Instructions
J. McCullough finds the lower court properly convicted defendant or robbery. "The Due Process Clause does not require a court to pre-screen an eyewitness identification made for the first time in court," and "the jury was adequately instructed on the second or subsequent offense provisions." Affirmed.
Court: Virginia Supreme Court, Judge: McCullough, Filed On: June 1, 2023, Case #: 220378 , Categories: robbery, Witnesses, jury Instructions
J. Lipinsky finds that the trial court should have allowed the jury to hear defendant's instruction on the felony murder affirmative defense. He was not required to admit to the predicate robbery felony in order to assert the defense, which was supported by some credible evidence that he did not know a gun was present, did not intend to engage in a robbery and that he tried to disengage from the crime when he learned a gun was present. Unlike the affirmative defenses of entrapment or self-defense, the felony murder affirmative defense does not justify or excuse the predicate offense. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: June 1, 2023, Case #: 21CA0976, Categories: Murder, robbery, jury Instructions