42 results for 'cat:"Sentencing" AND cat:"Domestic Violence"'.
J. Schlegel finds that defendant was properly convicted of domestic abuse battery by strangulation. Defendant does not show that a juror should have been disqualified from serving for not disclosing a prior felony. In this case, the juror admitted that he had been convicted of possession of methamphetamine in 2010, but he thought he had received “a pardon when [he]was taken off of probation." However, defendant's sentence as enhanced by the multiple offender bill is illegally lenient for not restricting parole. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 17, 2024, Case #: 23-KA-393, Categories: Jury, sentencing, domestic Violence
J. Ahlers finds that defendant was properly sentenced for domestic abuse assault and other charges based on his Alford plea to charges contending he threatened to kill himself and his girlfriend with a bomb he had put in his mouth because the lengthy sentence was justified by his use of a dangerous incendiary device and his lack of remorse for the crime. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 23-0515, Categories: sentencing, Weapons, domestic Violence
J. Ceresia finds that the lower court properly sentenced defendant for strangulation, assault, weapon possession, and harassment following several episodes of domestic violence with a former live-in girlfriend because his prolonged physical and verbal attacks on his girlfriend were "abhorrent," and he only took responsibility for some of the more minor allegations against him, such as breaking a key chain, while he attempted to blame his girlfriend by contending she was bringing "crazy" claims to "get back" at him. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: April 4, 2024, Case #: 112603, Categories: sentencing, domestic Violence
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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
J. Lagesen finds the post-conviction properly dismissed defendant's request for relief. “The court was not required to be persuaded by the results of petitioner’s year-late Domestic Violence Report assessment, especially given its timing and the fact that the methodology of that assessment was not disclosed.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: February 22, 2024, Case #: A177953, Categories: sentencing, 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. Biles finds a lower court properly denied a defendant's motion for monetary damages after his felony conviction for interference with law enforcement was reversed in court. The defendant argued that he is entitled to damages for the reversal of his conviction. However, the government sufficiently showed in court that he obtained summary judgment and not a dismissal, which does not trigger monetary relief. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 26, 2024, Case #: 126,247, Categories: Evidence, sentencing, domestic Violence
J. Gruender finds a lower court properly sentenced a defendant to 84 months in prison after he pleaded guilty to arson for setting a fire in an apartment building hallway. The government argued that the defendant is a career offender based on prior crimes of violence. However, the defendant presented evidence in court that his prior conviction of domestic abuse was not a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 16, 2024, Case #: 23-1048, Categories: sentencing, domestic Violence, Arson
J. Badding finds that defendant was properly sentenced to prison for domestic abuse assault after kicking his girlfriend's head and body and breaking her ribs. During a jailhouse call, defendant laughed while saying, “I’ll probably still beat up girls when I get out of jail,” indicating a total lack of remorse for his crime and compounding his criminal history of domestic assault. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: January 10, 2024, Case #: 23-0532, Categories: sentencing, domestic Violence
J. McShan finds that the lower court improperly denied defendant resentencing for convictions of manslaughter, assault, and possessing a weapon, which arose after she stabbed her live-in paramour in the back with a butcher knife. Even though evidence indicated defendant herself could become abusive, she established she was a victim of recurring domestic violence.
Court: New York Appellate Divisions, Judge: McShan, Filed On: December 21, 2023, Case #: 113247, Categories: sentencing, domestic Violence
[Modified.] J. Bowen corrects a few typos with no change in judgment. The trial court was not vindictive in a full resentencing hearing that ended with a four-month-longer sentence than was originally imposed on domestic violence, assault and other convictions. Unauthorized terms were withdrawn, while the extra four months was permissible upon resentencing, and the trial court gave all arguments thoughtful consideration. Nonetheless, the sentence on one of the counts should run concurrently instead of consecutively, so the aggregate sentence is reduced by one year. Reversed in part.
Court: California Courts Of Appeal, Judge: Bowen, Filed On: December 18, 2023, Case #: A166756, Categories: sentencing, Double Jeopardy, domestic Violence
J. McCool finds that the lower court properly convicted defendant for aggravated stalking and violating a domestic violence order, but improperly sentenced him on the stalking convictions. There was no error in denying defendant's claims of ineffective assistance of counsel. However, the case must be remanded for a new sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: December 15, 2023, Case #: CR-2022-1168, Categories: sentencing, domestic Violence
J. Lawrence finds that defendant was properly convicted on multiple charges, including attempted murder, but was improperly sentenced as to two counts that were both Class D misdemeanors. The lower court did not err in crafting a discovery sanction that limited the state's evidence while preventing defendant "from presenting a completely sanitized defense." However, the one-year sentence for each of the two misdemeanor charges, domestic violence assault and domestic violence terrorizing, was not permissible. Accordingly, the case is remanded to correct those sentences. Affirmed in part.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: November 30, 2023, Case #: 2023ME73, Categories: sentencing, Assault, domestic Violence
J. Fisher finds that the lower court improperly denied defendant resentencing as a domestic violence victim after she pleaded guilty to manslaughter stemming from the death of her paramour. Defendant did not need to demonstrate abuse had been occurring at the time she stabbed her boyfriend, as evidence indicated she had endured years of ongoing physical and psychological abuse. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: November 22, 2023, Case #: 113662, Categories: sentencing, domestic Violence, Manslaughter
J. Bowen finds that the trial court was not vindictive in a full resentencing hearing that ended with a four-month-longer sentence than was originally imposed on domestic violence, assault and other convictions. Unauthorized terms were withdrawn, while the extra four months was permissible upon resentencing, and the trial court gave all arguments thoughtful consideration. Nonetheless, the sentence on one of the counts should run concurrently instead of consecutively, so the aggregate sentence is reduced by one year. Reversed in part.
Court: California Courts Of Appeal, Judge: Bowen, Filed On: November 21, 2023, Case #: A166756, Categories: sentencing, Double Jeopardy, domestic Violence
J. Aarons finds that defendant was properly denied resentencing for assaulting her parents with a baseball bat, which cost her father an eye. Defendant cited the Domestic Violence Survivors Justice Act, but while evidence indicated she had been physically and psychologically abused in the past, the attack she ultimately committed as a 20-year-old had been provoked by her father's extramarital affairs. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 16, 2023, Case #: 113554, Categories: sentencing, Assault, domestic Violence
J. Cohen finds the trial court properly denied an inmate’s motion for sentence reconsideration for abuse of discretion after he was charged with aggravated domestic assault and the court imposed a sentence of nine-to-12 years of imprisonment. The inmate argues his pretrial detention was ignored during the Covid-19 pandemic and other mitigating factors were considered on his prior uncharged violent conduct. The court found the found that the aggravating factors outweighed those presented by inmate. Affirmed.
Court: Vermont Supreme Court, Judge: Cohen, Filed On: November 9, 2023, Case #: 22-AP-260, Categories: sentencing, Assault, domestic Violence
J. Reiber finds the trial court properly denied an inmate’s request to modification of release condition requiring him to a court-approved adult for supervision. He was arrested and charged with aggravated domestic assault; at the time he was on parole for a previous offense. The court considered the alternative plan offered by inmate for a GPS device, finding that it offered less protection to the public and that he could be a flight risk. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: November 3, 2023, Case #: 23-AP-340, Categories: Parole, sentencing, domestic Violence
J. Worthen finds the trial court properly convicted defendant for violation of the terms of his community supervision for assault-family violence by impeding breath or circulation with a prior conviction, sentencing him to 15 years in prison. The sentence is within the applicable statutory punishment range for this violent crime. All evidence and cited case law supports the sentence. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: October 11, 2023, Case #: 12-23-00063-CR, Categories: sentencing, Assault, domestic Violence
J. Tucker finds the trial court properly denied defendant's motion to sever the charges of violating a protective order for separate trials. The evidence for each crime was distinct and not likely to confuse the jury because each count involved a separate instance of defendant contacting his ex-wife's employer via email. However, several of the conditions imposed by the trial court as part of defendant's sentence, including a prohibition on any communication with his ex-wife and any postings on social media, are overly broad and violate his right to self-expression. Vacated in part.
Court: Ohio Court Of Appeals, Judge: Tucker, Filed On: October 6, 2023, Case #: 2023-Ohio-3655, Categories: sentencing, domestic Violence
[Consolidated.] J. Zmuda finds that while defendant did not contribute financially to the victims of his domestic violence offense, his sexual relationship with one of them and the fact he spent long periods of time at their home was sufficient to prove cohabitation and allowed the trial court to convict him. Meanwhile, although the injuries sustained by the victim were not overly serious, the trial court properly imposed consecutive sentences because defendant showed no remorse for his actions and has a lengthy criminal history that includes at least 18 years in prison. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: September 29, 2023, Case #: 2023-Ohio-3537, Categories: Evidence, sentencing, domestic Violence
J. Jackson finds that the trial court should not have excluded impeachment evidence about the victim's prior convictions and inconsistent statements but the error was harmless and the evidence supports defendant's conviction for corporal injury on a romantic partner. But he is entitled to resentencing due to a retroactively applicable change in law that limits the imposition of upper term sentences. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: September 26, 2023, Case #: A163112, Categories: Robbery, sentencing, domestic Violence