12 results for 'cat:"Probation" AND cat:"Domestic Violence"'.
J. Lumpkin finds that the county court properly revoked the suspended sentence imposed upon defendant's conviction for domestic assault by strangulation because defendant violated probation by failing to report, pay fees, complete the intervention program, or appear for urinalysis. Defendant contends statute limits the duration of sentences that may be revoked for technical violations, but statute does not specifically reference domestic violence cases. Meanwhile, the relevant statute allows total revocation due to the nature of the crime. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lumpkin , Filed On: May 23, 2024, Case #: RE-2023-80, Categories: probation, Assault, domestic Violence
J. Waples finds the criminal division properly denied a man’s motion for judgment of acquittal, its charge to the jury and probation conditions regarding a domestic violence incident. He argues there is insufficient evidence, and the jury was not instructed properly about the deadly weapon aspect; he says he threw a knife at the wall, not at the victim. He also challenges the probation condition that prohibits him from drinking alcohol. He failed to preserve the jury challenge and did not point out a plain error in the court’s judgment. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: February 23, 2024, Case #: 22-AP-334, Categories: probation, Sentencing, domestic Violence
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J. Benton finds a lower court properly revoked a defendant's probation for domestic violence and endangering a child. The defendant argued that his 24- month prison sentence in unreasonable. However, the government sufficiently showed in court that the defendant's actions of assaulting a domestic partner in front of the young child creates a detriment to her safety and emotional stability. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 12, 2023, Case #: 23-1406, Categories: probation, domestic Violence, Child Victims
J. Loken finds a lower court properly imposed a revocation sentence and no contact order on a defendant who was convicted for domestic abuse of his fiancée. The defendant, who abuses alcohol, argued that the order is unreasonable because they own a restaurant together. However, the government presented sufficient evidence in court that an imposition of Condition 8, a ban on the defendant from communicating with his fiancée during supervised release, would likely protect her from future abuse. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 2, 2023, Case #: 22-3443, Categories: probation, domestic Violence
J. Stewart finds that the trial court properly declined to resentence defendant after he violated parole, and instead ordered him to serve a previously suspended five-year prison term. He is not entitled to resentencing because he was too late to request the retroactive application of amendments to the sentencing statute. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: June 28, 2023, Case #: A165968, Categories: Firearms, probation, domestic Violence