1,266 results for 'cat:"Murder"'.
J. Witt finds the trial court made a harmless error in determining evidence of defendant’s gang affiliation was related to a shooting being his motive to conceal his involvement, ruling that the evidence sufficed to convict. Defendant was charged and convicted under a statute that was repealed in 1989, however, but this was a clerical error that pointed to the wrong portion of the criminal code. The case is remanded to correct this. Affirmed in part. Reversed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: May 17, 2024, Case #: M2023-00732-CCA-R3-CD, Categories: murder, Weapons, Gangs
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of murder under circumstances manifesting extreme indifference to the value of human life. Sufficient evidence supports the conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 16, 2024, Case #: 2024ND100, Categories: Evidence, murder
J. Harris finds that defendant is entitled to a new trial on a murder charge because counsel should have more thoroughly investigated the state's DNA evidence. Counsel should have requested the state's underlying DNA files and it should have retained an expert to help interpret the files. The failures resulted in prejudice since it was possible that he could have been excluded as the person whose DNA was found on a cigarette butt that became key to his conviction. Reversed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 16, 2024, Case #: 20200091-CA, Categories: Dna, Ineffective Assistance, murder
J. Cavanagh finds that the lower court properly convicted defendant of murder for personally discharging a firearm that killed a woman and severely injured a man. The court reasonably allowed two detectives to offer lay opinion testimony identifying defendant was the shooter from the surveillance video. While there is no evidence showing the perpetrator disguised himself, defendant wore a Covid mask during some portions of the trial, and he may have changed his hairstyle from the style worn in the video. Further, the detectives had in-person contact with defendant in weeks prior to the shooting that made it more likely for them to clearly identify him as the person shown in the surveillance footage. Affirmed.
Court: Illinois Appellate Court, Judge: Cavanagh, Filed On: May 16, 2024, Case #: 230501, Categories: Evidence, murder, Witnesses
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J. Raggi finds that the district court improperly sentenced defendant for his conviction on robbery counts that included murder of a robbery victim. Precedent now holds that rather than mandating consecutive sentences, concurrent sentences may be considered for murder counts. Thus, remand is necessary for the limited purpose of resentencing on the murder charge and to separately sentence defendant for his firearms conviction. Defendant's other claims on appeal lack merit.
Court: 2nd Circuit, Judge: Raggi, Filed On: May 15, 2024, Case #: 21-1379, Categories: murder, Robbery, Sentencing
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. Wood finds the county juvenile division properly granted the state’s motion for extended juvenile jurisdiction. Responding to a 911 call, officers discovered the 14-year-old defendant and his 10-year-old brother standing outside the residence with his mother and another 16-year-old brother lying inside with multiple stab wounds. An agreed not-fit-to-proceed commitment order was entered upon a medical diagnosis of defendant as having several disorders, including ADHD, other impairments and an IQ of 76. The state’s motion was not clearly erroneous. The court properly considered each factor, making written findings supported by the evidence. Defendant's argument involving his claims the murder was accidental asks the appeals court to reweigh evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CR-23-655, Categories: Juvenile Law, murder, Commitment
J. Alley finds a lower court did not err in admitting a confession and evidence obtained via in a warrantless search in the murder trial of a former Border Patrol agent accused of killing multiple women, especially targeting sex workers. Defendant “voluntarily waived his right to remain silent” when he told investigators during an interview that "he was ‘clean[ing] up the streets’ of Laredo,” and multiple legal theories support the authorities’ search of his vehicle. Most notably, they had probable cause for the search, as a purse belonging to a woman who escaped was “in plain view” on his truck's floorboard. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 15, 2024, Case #: 08-23-00025-CR, Categories: Evidence, murder, Search
Per curiam, the appeals court finds the trial court made no error in denying defendant's post-conviction motion alleging ineffective assistance of counsel at his trial on charges including attempted murder. In part because defendant's attorney's "mistaken prediction" about defendant's success at beating the charges against him, among other professional advice, was reasonable given the circumstances, and because defendant himself rejected to plea offers that would have given him a chance at less than a life sentence, his claims fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 22-1140, Categories: Ineffective Assistance, murder
J. Johnson finds the trial court properly convicted defendant for murder based on sufficient evidence. Officers discovered the victim's body, shot in the face with a shotgun, inside the trailer after a 911 report. Defendant claimed the victim had broken into his residence, though officers saw that she was wearing socks and slippers with no dirt on them. Although defendant said he did not know the victim, it was later discovered he had recently met her on a dating website. Furthermore, testimony from defendant's ex-wife and work associate involving threats he had made about shooting them while pointing a gun at them was properly admitted. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 15, 2024, Case #: 09-22-00385-CR, Categories: Evidence, Ineffective Assistance, murder
J. Sutton finds bodycam footage from a police officer that showed the victim of defendant's stabbing identify her as the culprit was sufficient to prove she was the perpetrator of the crime and to support her murder conviction. Meanwhile, although defendant initially requested a lawyer when she was detained, she told the police, "I'll still talk to you," and repeatedly acknowledged she was waiving her Miranda rights before her statement and interrogation; therefore, the trial court properly denied her motion to suppress. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sutton, Filed On: May 15, 2024, Case #: 2024-Ohio-1874, Categories: Evidence, Miranda, murder
J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault and a firearm offense. Although defendant was acquitted of the aggravated assault of one victim, his convictions for the murder and aggravated assault of a second victim and the aggravated assault of a third victim did not render the verdicts repugnant. The jury did not make an affirmative finding that defendant did not fire his gun at the victims' car. Defendant's trial counsel did not perform deficiently in failing to move to suppress evidence of defendant's phone records. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: May 14, 2024, Case #: S24A0528, Categories: Ineffective Assistance, murder, Assault
J. McMillian finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. Any error the trial court committed in refusing to give defendant's requested jury charge on self-defense was harmless. There was strong evidence of defendant's guilt, including witnesses who saw defendant shoot the unarmed victim. Even if the victim snatched defendant's key fob, a reasonable jury could find that defendant's later shooting of the victim was not done to prevent a robbery. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: May 14, 2024, Case #: S24A0570, Categories: Firearms, murder
J. McMillian finds that the trial court properly convicted defendant of murder, violation of the Street Gang Terrorism and Prevention Act and possession of a firearm during the commission of a felony. The trial court correctly refused to instruct the jury on impeachment of a witness through bias toward a party. Defendant also failed to show that he was prejudiced by his trial counsel's alleged refusal to allow defendant to testify in his own defense. There was strong evidence of defendant's guilt, including a witness's testimony that defendant told her he shot the victim in the head. Defendant's potential testimony would have been cumulative of other testimony and evidence presented at trial. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: May 14, 2024, Case #: S24A0014, Categories: Ineffective Assistance, murder
J. Torbitzky finds that the lower court properly convicted defendant of murdering his pregnant wife. The evidence was sufficient to show that he did not kill her in a fit of rage, but planned the killing because he regretted not divorcing her before the pregnancy. In addition, he purchased supplies to clean the murder scene, dispose of the body, and texting her phone as if he didn't know where she was. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 14, 2024, Case #: ED110819, Categories: Intent, murder
J. Pinson finds that the trial court properly convicted defendant of murder and a firearm offense. Sufficient evidence was presented to support defendant's convictions for shooting the victim 16 times, including evidence that defendant told his coworkers he hated the victim and fantasized about killing him. The trial court correctly refused to give defendant's requested jury instruction on voluntary manslaughter. The victim's actions in yelling, cursing and threatening to get a gun were not enough to provoke a sudden, irresistible passion in a reasonable person to warrant the injury instruction. Defendant's trial counsel was not deficient for failing to object to testimony from defendant's coworkers. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: May 14, 2024, Case #: S24A0405, Categories: Ineffective Assistance, murder, Jury Instructions
J. Connors finds that the lower court properly convicted and sentenced defendant for murder. On appeal, defendant argues that the lower court erred “by admitting evidence of the victim’s state of mind.” However, it was not an abuse of discretion for the court to allow the victim’s statements to a friend that she was afraid of defendant. Additionally, the lower court gave an “immediate instruction” regarding the burden of proof following a certain query by the prosecutor during closing argument. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 14, 2024, Case #: 2024ME35, Categories: Evidence, murder
J. Warren finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. Defendant failed to show that he was prejudiced by his trial counsel's failure to object to the prosecutor's closing argument statements mischaracterizing the reasonable doubt standard. Evidence was presented to disprove defendant's claim of self-defense and the prosecutor told the jury that the state had the burden to prove each element of the charged offenses beyond a reasonable doubt. The prosecutor's statements were also corrected by the jury instructions. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: May 14, 2024, Case #: S24A0382, Categories: Ineffective Assistance, murder
J. Lawrence finds the trial court properly allowed the prosecution to present evidence of defendant's previous manslaughter convictions at his trial on a murder charge. The testimony, including that he previously disposed of a body on his property, was relevant to the current case and showed a "common plan" to hide a body following a murder. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-KA-1066, Categories: Evidence, murder
J. Riedmann finds the trial court properly convicted defendant by plea agreement for second-degree murder and possession of a firearm by a prohibited person based on sufficient evidence. Defendant called 911, saying he was using CPR on a person with a gunshot wound. Defendant then reported the victim was dead, admitting he had shot her because she would not stop yelling. Officers discovered the victim with multiple gunshot wounds, later finding defendant at his brother-in-law's house pursuant to another 911 call. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-942, Categories: Evidence, Firearms, murder
Per curiam, the appellate division finds that defendant was improperly convicted of attempted murder and assault because evidence does not indicate defendant knew his passenger was armed and planned to shoot at another person. However, evidence supported defendant's conviction for possessing a gun outside his home or business. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 13, 2024, Case #: KA 18-01371 , Categories: Firearms, Intent, murder
J. O'Neil finds a lower court improperly sentenced a defendant to second degree murder after he shot and killed a coworker inside of a vehicle. The State argued that it properly presented evidence in court concerning items located in the defendant's residence, which included firearms and ammunition, and that he is an unreasonable person. However, the defendant sufficiently showed in court that the government improperly submitted evidence that was harmless and prejudicial. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: May 13, 2024, Case #: 2 CA-CR 2023-64, Categories: Evidence, Firearms, murder
J. Hazelrigg finds that the lower court properly sentenced defendant for murder. Defendant claims that during sentencing, the judge did not fully consider his intellectual disability as a factor for his sentencing range, but evidence on the record shows the lower court did in fact take that factor into account before passing the sentence. The matter is remanded, however, to strike legal financial obligations imposed against him. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: May 13, 2024, Case #: 84570-5-I, Categories: murder, Sentencing
J. Stacy finds the trial court properly convicted defendant for murder, conspiracy to commit murder and improper disposal of human remains. An online dating profile led investigators to defendant after the victim was reported missing. Cell phone activity, including text messages and location pings clearly linked defendant, her accomplice and the victim. Other evidence, including surveillance-video-documented purchases of items used in the dismemberment and disposal of the victim's body also supports the convictions. Statements made by the accomplice involving getting sexual gratification from torture and killing were properly admitted as related to the furtherance of the conspiracy. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: May 10, 2024, Case #: S-21-980, Categories: Evidence, murder, Mayhem
J. Oden Johnson finds that the lower court properly dismissed defendant's postconviction motion challenging his murder conviction and sentence. Defendant was not prejudiced by a joint trial with his co-defendant, even if co-defendant was the one who wielded the gun during the crime. Further, defendant's 38-year sentence was not excessive, and would not qualify as a life sentence even if he had been a juvenile at the time of the crime. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 10, 2024, Case #: 221748, Categories: murder, Sentencing
Per curiam, the appeals court finds the trial court erred by summarily denying defendant's postconviction motion alleging ineffective assistance of counsel at his trial on second-degree murder and other charges, which resulted in him being sentenced to at least 30 years' imprisonment. There is enough evidence in the record such that three of defendant's four claims of ineffective assistance should not have been summarily denied, including those alleging his lawyer did not claim stand-your-ground immunity or conduct an independent investigation of the facts before trial. The matter is remanded so defendant can file an amended motion and the trial court can make a more complete record. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-1877, Categories: Ineffective Assistance, murder
J. Birkett finds that the lower court properly convicted defendant of home invasion on top of his murder conviction and sentenced him to 48 years for murder and 25 for home invasion. The evidence sufficiently showed that defendant entered the house with criminal intent, as he had a known dispute with the victim's brother, brought a BB gun and entered in the wee hours of the morning when everyone would be asleep. The lack of forced entry is explained by the fact that the victim arose earlier than usual to prepare for her day. Further, the court reasonably considered defendant's youth, mental health and substance abuse issues when passing sentence. Affirmed.
Court: Illinois Appellate Court, Judge: Birkett, Filed On: May 10, 2024, Case #: 230056, Categories: murder, Sentencing