8 results for 'cat:"Murder" AND cat:"Domestic Violence"'.
J. Clark finds that the lower court properly denied defendant's request for resentencing on his conviction for stabbing his girlfriend to death in the home they shared. Defendant sought review of his indeterminate sentence of 25 years-to-life for murder following state passage of the Domestic Violence Survivors Justice Act, but he failed to provide sufficient proof of ongoing abuse perpetrated by the girlfriend or that he was a victim defending himself in her death. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 8, 2024, Case #: 113572, Categories: murder, Sentencing, domestic Violence
J. Tailor finds that the lower court improperly convicted defendant of murder of her five-month-old daughter under a theory of accountability. The judge erred by relying on her own understanding of domestic violence. A reasonable jury could find the mother not liable based on the boyfriend's history of domestic violence, which caused her to fear he would do her great bodily harm if she intervened to protect the child. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: August 11, 2023, Case #: 160498, Categories: murder, domestic Violence
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J. Rodriguez finds a lower court ruled correctly in convicting defendant of murder after a woman that defendant had been dating was found dead at her home. Defendant argued the state had neither offered adequate evidence against him nor proven that a murder had happened in Texas which would have given this court jurisdiction, but the venue in this case “was not disputed in the trial court,” and prosecutors offered “ample circumstantial evidence,” including a Facebook belonging to defendant that had sent threatening messages to the victim, to provide “authentication” of defendant as the killer. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 31, 2023, Case #: 08-22-00109-CR, Categories: Evidence, murder, domestic Violence
J. Soto finds a lower court ruled correctly in convicting defendant of murder and aggravated assault with a deadly weapon after he shot and killed a woman he had been romantically involved with. Defendant argued there was not sufficient evidence for the jury to reject his assertion that he “acted under the influence of sudden passion,” but defendant had a “preexisting suspicion” that the victim was involved with another man and jurors correctly determined that his actions were “purposeful and made after cool reflection.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 30, 2023, Case #: 08-22-00196-CR, Categories: Intent, murder, domestic Violence