43 results for 'cat:"Resisting Arrest"'.
J. Wozniak finds the trial court improperly granted the defendant’s motion to suppress his items found and seized during a traffic stop. He alleges there was no probable cause for the stop after being charged with possession of a firearm by a convicted felon, possession of cocaine and resisting an officer without violence. The officer pulled defendant over for excessive dark window tint, which is a noncriminal violation; he smelled marijuana upon approaching the vehicle, so there was probable cause to search the vehicle and seize the items found. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: April 19, 2024, Case #: 6D23-2396, Categories: Drug Offender, Search, resisting Arrest
J. Kilbane finds the trial court partially erred in denying defendant's motion to suppress and motion to dismiss wiretapping, battery on a law enforcement officer and resisting arrest charges against him. Denial of defendant's motion to suppress and motion to dismiss the battery and resisting arrest charges are affirmed, but the denial of defendant's motion to dismiss the wiretapping charge is reversed, in part because defendant's recording of calls with sheriff's deputies to capture police misconduct involved matters of public business in which the deputies were working in their official capacities and could not have had a reasonable expectation of privacy. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: April 12, 2024, Case #: 23-1354, Categories: resisting Arrest, Battery
J. Thyer finds the trial court properly convicted defendant for battery, resisting arrest and disorderly conduct based on substantial evidence. The court properly excluded witness testimony after defendant failed to timely disclose the witnesses and counsel failed to cite a specific rule allowing for late disclosure. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 10, 2024, Case #: CR-23-467, Categories: resisting Arrest, Battery
J. Stiglich finds the trial court properly convicted defendant for DUI causing serious bodily harm. Defendant drunkenly lost control of his vehicle and spun into oncoming traffic, striking the victim's vehicle. Defendant fled on foot and the driver and passenger in the other vehicle sustained injuries requiring surgery. Substantial evidence supports the conviction, though the court improperly ordered $10,000 in restitution to a victim's advocacy group without competent evidence. Affirmed in part.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 21, 2024, Case #: 85987, Categories: Evidence, resisting Arrest, Dui
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J. Johnson finds that defendant was properly convicted of felony evading arrest or detention in a vehicle. The state penal code does not require proof that defendant "knew the attempted arrest or detention was lawful," despite his argument to the contrary. Though, a precept fee and time payment fee that were erroneously assessed to defendant are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: February 29, 2024, Case #: 10-21-00158-CR, Categories: Criminal Procedure, resisting Arrest, Vehicle
J. Witt finds the lower court properly convicted defendant of driving on a cancelled, suspended or revoked license second offense, evading arrest in a motor vehicle and possession of unlawful drug paraphernalia. Defendant failed to stop when a police officer attempted a traffic stop after discovering defendant, the registered owner of the vehicle, had a suspended driver license. The officer followed defendant for approximately eight minutes before defendant stopped his vehicle and a subsequent search of the vehicle uncovered drug paraphernalia. Evidence is sufficient to support defendant’s convictions and sentence of two years, suspended to 30 days of supervised probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: February 26, 2024, Case #: M2023-00778-CCA-R3-CD, Categories: Drug Offender, Evidence, resisting Arrest
J. Harris finds the trial court erred in only dismissing some of the charges remaining against defendant after a jury found him not guilty of possessing a firearm as a felon, which he was charged with after running from police officers investigating an area where shots had been heard. The trial court properly dismissed two other firearms charges against defendant, but it should have also dismissed charges of cocaine possession and resisting an officer without violence because of their close relation to all of the other charges stemming from the same acts. The case is remanded for the trial court to dismiss defendant's remaining charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 23, 2024, Case #: 23-0221, Categories: Drug Offender, Firearms, resisting Arrest
J. Pirtle finds the trial court properly convicted defendant for assault, trespass and related charges based on sufficient evidence. A friend who was allowing defendant and the mother of his children to stay with her testified that after hearing a loud noise in her apartment she found defendant on top of the mother, strangling her. When the friend tried to intervene, defendant punched her. Furthermore, the record refutes claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 20, 2024, Case #: A-23-501, Categories: Assault, resisting Arrest, Trespass
J. Odenwald finds that the lower court properly convicted defendant of resisting arrest and assault after admitting evidence that, at the time of the arrest, defendant had been charged in a neighboring jurisdiction with kidnapping and assault. Defendant cannot show any miscarriage of justice resulted from the admission of this evidence. Affirmed.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: February 20, 2024, Case #: ED111230, Categories: Evidence, Assault, resisting Arrest
Per curiam, the appellate division finds that the trial court properly convicted defendant of burglary, assault, and resisting arrest. Defendant failed to preserve certain arguments and to establish ineffective assistance claims, since the only defense was to attack witness credibility. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 19-00949, Categories: Burglary, Ineffective Assistance, resisting Arrest
J. Powers finds the trial court erred in ruling that he forcefully prevented officers from arresting his friend. “Although defendant temporarily created a barrier between the officers and [the friend], defendant’s actions did not rise to the level of ‘force.’” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 7, 2024, Case #: A176017, Categories: resisting Arrest
J. Richardson finds that the court of appeal properly overturned the trial court's conviction of defendant for evading arrest. Defendant "was egregiously harmed when the jury charge failed to include the element that appellant knew the officer was attempting to arrest him." Affirmed in part.
Court: Texas Court of Criminal Appeals, Judge: Richardson, Filed On: January 17, 2024, Case #: PD-0963-19, Categories: resisting Arrest
J. Wicker finds the state presented sufficient evidence to establish the essential statutory elements of attempted resisting an officer with force or violence on each of two counts, but defendant’s sentence of 1.5 years on each count was indeterminate. Affirmed in part, vacated in part.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-KA-309, Categories: Sentencing, resisting Arrest
Per curiam, the court of appeal finds that the trial court improperly imposed court costs and fees following defendant's conviction for fleeing law enforcement and reckless driving because evidence did not support the court imposing a public defender assistance fee greater than the $100 minimum felony fee. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 20, 2023, Case #: 1D2022-2823, Categories: resisting Arrest, Attorney Fees
J. Emas finds the trial court properly denied defendant's appeal of his judgment and conviction for misdemeanor trespass and resisting an officer without violence. Defendant's challenge to his sentence based on the trial court's statements at a post-sentencing hearing questioning the truthfulness of defendant's testimony fails, as the trial court was not erroneous in considering this aspect under Florida precedent when fashioning an appropriate sentence. The rest of defendant's arguments are dismissed without discussion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 23-0589, Categories: Sentencing, resisting Arrest, Trespass
J. Ortega finds that while the trial court plainly erred by failing to instruct the jury that a culpable mental state attached to the “substantial risk of physical injury” element of resisting arrest, the error was harmless. “The jury’s findings that the defendant knew that his conduct was assaultive…indicated that the jury would not have found that the defendant was unaware of the risk of physical injury posed by his conduct.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: November 29, 2023, Case #: A178813, Categories: resisting Arrest, Jury Instructions
J. Mortensen finds that evidence that defendant ignored a police officer who was obviously signaling for him to stop, and that he tried to break through a parking lot fence, supported his failure to stop conviction. Evidence of methamphetamine in baggies he threw from his car and the presence of his identification in a bag containing other meth contraband supported his drug conviction. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: November 2, 2023, Case #: 20210865-CA, Categories: Drug Offender, resisting Arrest
J. Vaidik finds that defendant was improperly convicted of resisting arrest for intimidation, disorderly conduct, and public intoxication because defendant's actions of pulling away before arresting officers could grab his arm did not rise to the level required for sustaining such a conviction. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: October 5, 2023, Case #: 23A-CR-523, Categories: resisting Arrest
J. Moeller finds that the trial court properly provided the jury instructions for felony battery on a police officer and denied defendant's request for instructions on either misdemeanor resisting an officer or misdemeanor battery. Resisting arrest is not a lesser included offense of battery and the evidence showed that her kick to the officer's stomach was a felony "strike." Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: October 4, 2023, Case #: 49255, Categories: resisting Arrest, Battery, Jury Instructions
J. McMullen finds the lower court properly convicted defendant of attempted aggravated assault, resisting arrest, disorderly conduct and public intoxication for pulling a knife on a police officer and threatening to cut him, which resulted in a physical altercation. Because defendant had a prior state felony conviction and a federal felony conviction, the lower court found him to be a multiple offender and ordered an effective eight-year sentence to be served incarcerated. Evidence is sufficient to support defendant’s convictions and sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: September 22, 2023, Case #: M2022-00769-CCA-R3-CD, Categories: Assault, resisting Arrest, Public Intoxication