11 results for 'cat:"Sentencing" AND cat:"Witnesses"'.
J. Terrell finds that defendant was properly convicted and sentenced for assault. Although the trial court may have errored in allowing the victim to testify that defendant had strangled her on 10 prior occasions, the error was harmless because the jury acquitted defendant of both strangulation-specific offenses. Also, seven text messages were properly admitted as evidence because they were relevant. However,
the presentence report inaccurately describes defendant’s criminal conduct and must be fixed. Affirmed in part.
Court: Alaska Court Of Appeals, Judge: Terrell, Filed On: March 1, 2024, Case #: A-13627, Categories: sentencing, Assault, witnesses
J. Hellman finds the post-conviction court properly denied defendant relief on his claim that counsel provided inadequate assistance. The possibility that the witness may have had a motive to testify differently in a second trial “does not demonstrate that the witness’s testimony, under oath, in the first trial is unreliable.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A177448, Categories: sentencing, witnesses
J. Minor finds that defendant was properly convicted for burglary, assault and intimidating a witness. The lower court did not err in denying his motion to suppress or by allowing collateral-act evidence. Defendant is due to be resentenced, however, as to his conviction for intimidating a witness. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: November 3, 2023, Case #: CR-21-0143, Categories: Burglary, sentencing, witnesses
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J. Mundy finds that the lower court properly vacated defendant’s convictions for murder of the first degree, kidnapping and rape of a woman in 1990 and his resulting death sentence. The lower court failed to disclose psychological reports of a key witness against defendant in this case. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Mundy, Filed On: October 23, 2023, Case #: J-11-2023, Categories: Murder, sentencing, witnesses
J. Gruender finds a lower court properly sentenced two defendants to life in prison after they were found guilty of conspiracy to commit witness tampering that resulted in death. The defendants, who are cousins and regularly sold meth, argued that their sentences are unreasonable and that they are entitled to acquittal. However, the government presented sufficient evidence in court that the defendants shot to death a confidential informant who agreed to testify against them while working with law enforcement. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: August 30, 2023, Case #: 22-2044, Categories: Murder, sentencing, witnesses
J. Moore finds the trial court erroneously calculated defendant's sentence after he pleaded guilty to a charge of witness tampering. It used an improper offense level based on a human trafficking charge that was dismissed as part of the plea agreement. Vacated.
Court: 6th Circuit, Judge: Moore, Filed On: August 21, 2023, Case #: 22-5181, Categories: sentencing, witnesses, Human Trafficking
J. Alvarez upholds defendant's conviction for aggravated sexual assault of a child, which he committed on his brother. The trial court properly refused to allow defendant to question his brother about the recantation of his accusation regarding the assault during the punishment phase of the trial, as the recantation is not relevant during sentencing. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: August 17, 2023, Case #: 04-21-00417-CR , Categories: sentencing, Sex Offender, witnesses
J. Graber finds that the district court properly denied defendant's motion to amend his motion to vacate his convictions for witness tampering and discharging a firearm during and in relation to a crime of violence. Defendant alleges that witness tampering is not a predicate crime of violence. Defendant was convicted under a divisible part of the witness-tampering statute that qualifies as a crime of violence. Affirmed.
Court: 9th Circuit, Judge: Graber, Filed On: August 11, 2023, Case #: 22-35030, Categories: Firearms, sentencing, witnesses
J. Brobson finds that the defendant in this case must be awarded a new trial because in court the prosecutor in this case asked the arresting officer said the defendant, who did not speak after being detained, did not deny the charges against him. Admitting this testimony in this case was not a harmless error. Vacated in part.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: June 21, 2023, Case #: J-78-2022, Categories: Evidence, sentencing, witnesses