11 results for 'cat:"Robbery" AND cat:"Identification"'.
J. Thierry finds that defendant was properly found guilty of armed robbery of a gas station for an incident in which he was accused of hitting the cashier with a beer bottle and taking money from the register. The surveillance video and the police interview was sufficient evidence to identify defendant as the perpetrator of the crime. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: February 21, 2024, Case #: KA-23-135, Categories: Evidence, robbery, identification
J. Zmuda finds the trial court did not violate defendant's confrontation rights when it admitted bodycam footage of a police officer speaking with the victims of his robbery. All of the statements were made in the immediate aftermath of the crime when, according to the officer, the victims were "scared and just kind of fearful," which allowed the video to be admitted under the excited utterance exception. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: December 29, 2023, Case #: 2023-Ohio-4853, Categories: Confrontation, robbery, identification
J. Danilson finds that defendant was properly convicted of first-degree robbery for stealing handbags from women at gunpoint on two separate occasions because defendant failed to preserve error on claims challenging the admissibility of photo lineups. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: December 20, 2023, Case #: 22-1641, Categories: robbery, identification
J. Fitzgerald finds that defendant was properly convicted of armed robbery and aggravated second degree battery after a victim who left a casino was hit in the head with a tire iron, robbed of his wallet and "left for dead in a ditch." The video footage and accomplice testimony was sufficient to identify defendant as the perpetrator. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: December 6, 2023, Case #: KA-23-348, Categories: robbery, Battery, identification
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rabner finds the appellate division improperly upheld defendant's conviction for robbing a bank. In-court identification of defendant by the bank teller months after the crime is inherently suggestive because defendant is the only one obvious to the witness and the prosecution believed him to be the culprit. Further, narration testimony included opinions on what was being viewed in the recording. Reversed.
Court: New Jersey Supreme Court, Judge: Rabner , Filed On: August 2, 2023, Case #: A-23-22, Categories: robbery, identification
J. Powell finds the trial court properly denied defendant's motion to exclude voice identification evidence during his robbery trial. The detective who testified was familiar with defendant's voice, having interviewed him for more than 90 minutes in a separate criminal case years before; therefore, the evidence was properly authenticated and the jury was free to use it as a means of identification. Furthermore, defendant's robbery conviction was not against the weight of the evidence, as he fit the description of the suspect who used a car registered to his mother as a getaway vehicle, and his cell phone indicated he was in the area of the crime at the time it was committed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: July 31, 2023, Case #: 2023-Ohio-2632, Categories: Evidence, robbery, identification
J. Gallagher finds the trial court properly denied defendant's motion for a mistrial when a witness testified after being present in the courtroom for the testimony of other witnesses during defendant's trial on robbery and grand theft charges. Although the witness based part of her identification of defendant on previous witness testimony, the court did not allow the prosecution to redirect and issued a corrective instruction to the jury before its deliberations, which prevented any prejudicial effect. Meanwhile, the failure by defense counsel to request a separation of witnesses at the outset of the trial did not constitute ineffective assistance because numerous witnesses made identifications of defendant and there is no indication the outcome of the trial would have been different with a separation request. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: July 6, 2023, Case #: 2023-Ohio-2296, Categories: Fair Trial, robbery, identification
J. Mawla finds that the trial court should have compelled prosecutors to provide discovery related to facial recognition technology used to identify and charge defendant with armed robbery. While eyewitnesses identified defendant as the perpetrator, defendant was denied due process when he was not allowed to challenge the state's investigation.
Court: New Jersey Appellate Division, Judge: Mawla , Filed On: June 7, 2023, Case #: A-3078-21, Categories: robbery, Due Process, identification