27 results for 'cat:"Murder" AND cat:"Child Victims"'.
J. Watkins upholds defendant's conviction for the murder of her 4-year-old child, who suffered a traumatic brain injury and was covered in multiple older injuries and scars. There was sufficient evidence to support the conviction and, contrary to defendant's argument, the state was not required to prove the child's death was caused by a deadly weapon. Affirmed.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: May 15, 2024, Case #: 04-23-00090-CR , Categories: Evidence, murder, child Victims
J. Hixson finds the trial court properly convicted defendant for the first-degree murder of his 3-year-old son. Defendant's girlfriend testified defendant punished the child by whipping him on his back with a belt and wooden spoon for peeing on himself and cussing, also saying this instance was more violent than previous punishments. After leaving the room, the girlfriend returned when things got quiet to see the child lying motionless on the floor. The child died later that day after receiving medical attention. Sufficient evidence, including forensic/medical photographs, the belt, an extension cord and the broken wooden spoon demonstrate defendant knew his conduct of repeated blunt-force trauma to the child's head and torso was deadly. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 8, 2024, Case #: CR-23-196, Categories: Evidence, murder, child Victims
J. Wood finds the trial court properly convicted defendant for murder, committing a terroristic act and tampering with evidence based on sufficient evidence. The 13-year-old witness testified a "splat-ball" game was happening in the neighborhood when he saw defendant fire a gun at a carload of teenagers. The witness ran when he heard a loud bang, returning later the find the 8-year-old victim dead from a gunshot wound to the head. The court's application of a firearm enhancement to the murder and terroristic-act convictions does not constitute a double-jeopardy violation. No error is found in the court's not accepting defendant's proffered jury instructions for second-degree murder and manslaughter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CR-23-525, Categories: murder, child Victims, Terrorism
J. Ellington finds that the trial court properly convicted defendant of murder and cruelty to children. The trial court did not commit any error by allowing the state to repeatedly introduce evidence of the victim's previous head injuries without instructing the jury that the parties had agreed that defendant did not cause those injuries. The trial court correctly instructed the jury on prior difficulties between defendant and the 23-month-old victim. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: April 30, 2024, Case #: S24A0139, Categories: murder, child Victims, Jury Instructions
J. Ellington finds that the trial court properly convicted defendant of murder, cruelty to children and possession of a knife during the commission of a felony for the stabbing death of his sister. The trial court correctly admitted evidence that defendant had attacked another sister two months before the murder. The evidence was relevant to show that defendant had committed a similar intentional act and to counter defendant's claim that he stabbed the victim while in a "trance." The trial court correctly refused to charge the jury on voluntary manslaughter because the evidence did not support the instruction. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: April 16, 2024, Case #: S24A0092, Categories: murder, child Victims
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J. Ayers finds the lower court properly convicted defendant of felony murder by aggravated child abuse, felony murder by aggravated child neglect, two counts of aggravated child abuse, reckless endangerment, aggravated child neglect and two counts of child abuse. Defendant beat a three-year-old girl while he babysat her, resulting in massive head trauma and ultimately the child’s death. The lower court took into account the instant matter along with defendant’s criminal history, resulting in an effective sentence of life imprisonment plus 48 years. Defendant argues he should not have received partial consecutive sentences, but the instant court finds no error. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: March 13, 2024, Case #: M2022-01529-CCA-R3-CD, Categories: murder, Sentencing, child Victims
J. Moore affirms the district court's grant of a new trial to the father convicted of two counts of second-degree felony murder for the death of his son. The State mistakenly presented false expert testimony about a medical fact that its own expert later stated could not be true, namely that macular schisis is exclusively caused by abusive head trauma, and the district court properly applied a test for false or recanted testimony. The defendant also met his burden under that test by demonstrating that the testimony was false, that the jury might have reached a different conclusion without it and that he was surprised by the false testimony. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: March 13, 2024, Case #: A22-0749, Categories: murder, Experts, child Victims
J. Wright finds the trial court properly convicted defendant for the capital murder of her 18-month-old son. Defendant, wet, as if just having showered, arrived at the outpatient facility with her son in her arms. Employees testified defendant was in distress, telling them her son would not wake up. Injuries were observed on the child's body consistent with abuse, including bruises on the child's face in the shape of the mother's handprint. Rigor also indicated the child had been dead for a period of time. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 6, 2024, Case #: 09-21-00255-CR, Categories: Evidence, murder, child Victims
J. Erickson finds a lower court properly sentenced a defendant to 12 years for imprisonment of a child and life in prison for second- degree murder. The defendant argued that he was provided with inadequate representation after he abused and murdered his girlfriend's 11- month- old toddler, claimed in court that the she died from choking on baby wipes, and then demanded an evidentiary hearing. However, the government sufficiently showed in court that he failed to exhaust his administrative remedies, and that there was "virtually no chance" that he would have obtained an acquittal based on evidence. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 28, 2024, Case #: 23-1182, Categories: Evidence, murder, child Victims
J. Buller finds that defendant was properly convicted of murder and child endangerment resulting in death because evidence indicated the toddler was bruised black and blue, and the child's mother testified that defendant, her boyfriend, had beaten him and refused to take him for medical care even though the child was struggling to breathe. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: February 21, 2024, Case #: 22-1683, Categories: murder, child Victims
J. Colvin finds that the trial court properly convicted defendant of murder, cruelty to children and battery. The trial court correctly denied defendant's motion for a directed verdict and did not commit any error by excluding evidence of the co-defendant's drug use. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant and his co-defendant were the one-year-old victim's only caretakers at the time she suffered fatal, non-accidental injuries. The trial court also correctly refused to give defendant's requested jury charge on grave suspicion because the charge was already covered by other instructions. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: February 6, 2024, Case #: S23A1205, Categories: murder, child Victims
J. Colvin finds that the trial court properly convicted defendant of murder, cruelty to children and other offenses. Defendant was found guilty but mentally ill. The trial court correctly admitted an audio recording of defendant's interview with the state's psychiatrist. The trial court did not commit any error by failing to instruct the jury on a possible verdict of guilty but with intellectual disability. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: February 6, 2024, Case #: S23A0936, Categories: murder, child Victims
J. McMillian finds that the trial court properly convicted defendant of murder and cruelty to children. Sufficient evidence was presented to support defendant's convictions, including evidence that the two-year-old victim suffered fatal injuries on an evening when only defendant was with him. Defendant failed to show that his trial counsel performed deficiently or that he was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: February 6, 2024, Case #: S23A0864, Categories: murder, child Victims
J. Wright finds the trial court properly denied defendant's motion for post-conviction DNA testing. Convicted of capital murder, defendant says a DNA testing technology that was unavailable during his trial may have shown exculpatory results. He challenges the state's use of a dog scent lineup, which established his scent on the deceased infant's clothing, citing a Texas Monthly article to support his claim such a lineup is “Junk Voo Doo Science.” He presents no new DNA evidence to be tested. In addition to the “dog-sniff” evidence, the jury also used eye-witness testimony and circumstantial evidence. Any new DNA evidence would not overturn the conviction by a preponderance of evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-21-00304-CR, Categories: Dna, murder, child Victims
J. McMillian finds that the trial court properly convicted defendant of murder predicated on aggravated assault. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant was alone with the two-year-old victim in the hours before his death and that defendant repeatedly admitted he hit the victim in text messages on other occasions. Any error the trial court committed in refusing to allow an expert neurology witness to testify that the victim's death was caused by an enlarged heart probably did not contribute to the verdict. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: January 17, 2024, Case #: S23A1075, Categories: murder, child Victims
J. Orme finds the district court properly denied defendant's motion to reinstate his lapsed time to appeal. Charged with murder and abuse of a dead human body for his help in another's suicide, and in two other cases with five counts of sexual exploitation of a minor and two counts of tampering with a witness, defendant pleaded guilty to one count of child abuse homicide and one count of attempted sexual exploitation of a minor. He did not file a notice of appeal until two years later. Counsel did not perform deficiently in not consulting with defendant post-sentence. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme , Filed On: December 14, 2023, Case #: 20220278-CA, Categories: murder, Sex Offender, child Victims
J. Thyer finds the trial court properly convicted defendant for murder based on sufficient evidence. The mother testified she left her 17-month-old child with defendant while running errands, following which she found her child unresponsive, defendant sweating, a hole in the living room wall and a broken bathroom sink. Though defendant claimed the child had choked on a grape, a CT scan revealed a skull fracture and no evidence of choking. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 13, 2023, Case #: CR-23-126, Categories: Evidence, murder, child Victims
J. Fader finds the lower court abused its discretion when it allowed evidence of defendant’s prior bad acts to be considered in this case of alleged murder and child abuse. Evidence was entered showing defendant pleaded guilty to child abuse resulting in the death of his infant son five years prior. Despite his objection, the lower court allowed the evidence and defendant now argues it should have been excluded. Because the State failed to sufficiently show any other reason for the evidence, other than demonstrating defendant’s propensity to commit the alleged crime, it is a violation of Maryland Rule 5-404(b), and should have been disallowed. The matter is remanded for a new trial. Reversed.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: November 28, 2023, Case #: 2/23, Categories: Evidence, murder, child Victims
J. Kinsley finds the trial court properly denied defendant's motion for acquittal at the conclusion of his trial on a murder charge that stemmed from the death of his 7-month-old son. Expert testimony established the skull fracture that caused the victim's death was recent, while defendant was alone with the child for the entirety of the night before the baby was found unresponsive in his crib. Meanwhile, the prosecutor's comments during closing arguments about the potential for bias on the part of defendant's expert witness as a result of payments received for his testimony did not constitute prosecutorial misconduct because such bias is a legitimate subject of inquiry for the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: October 25, 2023, Case #: 2023-Ohio-3861, Categories: murder, Experts, child Victims
J. Bender finds that the lower court properly entered a pretrial order directing Pennsylvania to provide information as to how the state believes defendant poisoned three- and 16-month-old children with fentanyl in this case where he is charged, respectively, with murder and attempted murder. Defendant’s seeking clarification of Pennsylvania’s allegation of poisoning will allow her to adequately prepare her defense. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: October 23, 2023, Case #: J-A18010-23, Categories: Drug Offender, murder, child Victims
J. Welbaum finds the trial court properly denied defendant's request for a false confession expert witness during his trial on murder and endangering children charges. He failed to indicate why such an expert would help his case, other than general statements claiming the witness would produce exculpatory evidence. Furthermore, the trial court properly denied defendant's motion to suppress statements made during a police interrogation because he was not under the influence of any drugs at the time of the interview, which was conducted without any coercion and did not involve requests for an attorney or for his Miranda rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: September 15, 2023, Case #: 2023-Ohio-3277, Categories: murder, Experts, child Victims
J. Edelstein denies the state's motion for leave to appeal, ruling that the trial court did not abuse its discretion when it granted defendant's motion for a new trial based on newly discovered evidence because even though he presented evidence the victim did not die of shaken baby syndrome at his original trial in 2003, the expert testimony he provided in his motion represents a "quantum leap" in the medical community's understanding of injuries caused by shaking, as well as natural explanations for the types of injuries that led to the victim's death. Additionally, the developments in diagnosing the cause of death for infants were clearly unavailable at the time of defendant's 2003 trial, are integral to his defense, and present a strong possibility of a different outcome; therefore, the motion for a new trial was properly granted. Affirmed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: August 1, 2023, Case #: 2023-Ohio-2670, Categories: murder, Experts, child Victims
J. McFadden finds that the trial court properly convicted defendant of second degree murder, child cruelty and influencing witnesses. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant caused his girlfriend not to cooperate with an investigation into the infant victim's welfare and that his action was a proximate cause to the pain the victim experienced which led to her death from massive head trauma. Defendant failed to show that his trial counsel was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 23, 2023, Case #: A23A0517, Categories: Ineffective Assistance, murder, child Victims
J. Pinson finds that the trial court properly convicted defendant of murder and cruelty to children. The trial court did not commit any error in admitting photos taken before and during the victim's autopsy into evidence. The photos were relevant as to the timing and manner of the victim's injuries and their probative value outweighed any unfair prejudice to defendant. It is unlikely that the pre-autopsy photo contributed to the trial outcome. The trial court did not violate defendant's right to confrontation when it limited cross-examination of the victim's mother on topics including her postpartum depression and her purported dishonesty about the paternity of a child. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: June 21, 2023, Case #: S23A0338, Categories: murder, child Victims
J. Groves finds that while one of the victim's minor siblings admitted to "squishing" a 2-year-old prior to his death, defendant's murder conviction is supported based, in part, on the fact that none of the treating physicians or the state's expert witnesses believed the blunt force injuries that caused the victim's death could have been caused by the 6-year-old sibling. Meanwhile, the trial court properly admitted the investigating officers' testimony about out-of-court statements made by the victim's mother because the evidence was used to explain the police investigation and did not prejudice defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1747, Categories: Evidence, murder, child Victims