26 results for 'judge:"Witt"'.
J. Witt finds that the juvenile court properly transferred defendant for criminal prosecution as an adult on first-degree assault charges. The court reasonably found defendant beyond rehabilitation under the juvenile code due to his extensive criminal history and failure to positively respond to the services offered to him. Therefore, defendant was not prejudiced by counsel's alleged error in failing to hire an expert on child development. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: May 7, 2024, Case #: WD86022, Categories: Ineffective Assistance, Juvenile Law
J. Witt finds that the lower court properly transferred defendant's case for criminal prosecution as an adult on sodomy and child molestation charges. Defendant cannot show he was prejudiced by his counsel's failure to use the word "laches" in challenging the certification, as counsel made the very argument that defendant claims he failed to make. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: May 7, 2024, Case #: WD86093, Categories: Ineffective Assistance, Juvenile Law
J. Witt finds that the lower court properly denied defendant's post-conviction motion alleging his counsel was ineffective for failing to request a self-defense instruction. The jury reasonably found defendant was the initial aggressor in the altercation, and was therefore not entitled to use deadly force to defend himself. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: April 30, 2024, Case #: WD86050, Categories: Assault, Domestic Violence, Self Defense
J. Witt finds the lower court properly convicted defendant of delivering and selling .5 grams or more of methamphetamine for selling to a confidential informant in a controlled buy conducted by the Lincoln County Sheriff’s Department. The lower court considered defendant’s criminal history, and applied applicable enhancements, as she was classified as a Range III persistent offender. Evidence is sufficient to support her conviction and sentence of 25 years incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: April 12, 2024, Case #: M2023-00225-CCA-R3-CD, Categories: Drug Offender, Evidence, Sentencing
J. Witt finds that the lower court improperly denied the man's petition for a writ of mandamus against the Missouri Commission on Human Rights. The evidence establishes that the commission did not make a valid determination of probable cause when terminating his disability discrimination claim and the man had an unequivocal right to the issuance of a right-to-sue letter. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: April 9, 2024, Case #: WD86214, Categories: Administrative Law, Ada / Rehabilitation Act
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. Witt finds that the lower court properly convicted defendant of statutory sodomy against two separate victims and sentenced him to a total of 55 years in prison. A portion of the state's cross-examination of defendant was argumentative, but this error did not prejudice defendant given the substantial evidence against him. Further, there is no reasonable basis to find the jury would have acquitted defendant had the prosecutor not made reference to his being a predator in closing arguments. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: March 19, 2024, Case #: WD85819, Categories: Prosecutorial Misconduct, Sex Offender
J. Witt finds that the lower court properly quieted title in an easement between the parties' properties, defining the easement according to a 2008 survey and ordering the plaintiffs not to interfere with the defendants' use of the easement for ingress and egress of their land-locked property. The existing private road was only 30 feet across, but testimony supported a finding that a 40-foot easement is the standard for most counties. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: March 19, 2024, Case #: WD86164, Categories: Property
J. Witt finds the lower court properly sentenced defendant. Defendant pleaded guilty to second degree murder and attempted second degree murder, and received an effective 40-year sentence to be served consecutive to sentences he received for prior convictions. The effective sentence consisted of 40 years for the second degree murder conviction and 30 years for the attempted second degree murder conviction, running concurrently. Despite defendant’s claim that his sentence is illegal and that he should have received consecutive sentences for the two convictions rather than the effective 40-years he received, the instant court finds his sentence legal and he is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: February 26, 2024, Case #: M2023-00948-CCA-R3-CD, Categories: Murder, Sentencing
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. Witt finds that the lower court properly allocated attorneys' fees in a settlement of claims asserted against the Board of Trustees of the Missouri Public Entity Risk Management Fund. The court did not misapply the law in holding they could not recover attorneys' fees absent an existing contingency fee contract. Further, the law firm did not prove the reasonable value of the services it performed. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: February 20, 2024, Case #: WD85947, Categories: Attorney Fees, Contract
J. Witt finds that the lower court properly convicted defendant of sodomy and child molestation. The court did not err by admitting the abused child's out-of-court statements made to investigators. Her statements were consistent with her videotaped forensic interview testimony, and there is no evidence she had a motive to fabricate her story. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: January 30, 2024, Case #: WD85845, Categories: Evidence, Sex Offender
J. Witt finds that the lower court properly ordered the state to release $8 million from the State Legal Expense Fund to satisfy a judgment in favor of a developmentally disabled man who was beaten with a plastic hanger by a state-employed nurse because he didn't want to go to bed. There is no requirement that state employees be performing their duties in good faith for the Fund to be available to satisfy the judgment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: December 12, 2023, Case #: WD86029, Categories: Government, Damages, Assault
J. Witt finds the lower court properly convicted defendant of facilitation of attempted first degree murder, facilitation of vandalism of property in the amount of $2,500 or more but less than $10,000, and two counts of reckless endangerment for her role in a shooting in a trailer park. Evidence is sufficient to support her convictions and enhanced effective sentence to 10 years and six months to be served in confinement, as the lower court considered her prior criminal convictions and history of drug use. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: November 3, 2023, Case #: M2022-01328-CCA-R3-CD, Categories: Evidence, Murder, Vandalism
J. Witt finds that the lower court improperly ruled for the retirement system, finding that the bank breached its contract by not returning $481,000 paid into the bank account of a dead employee whose family never notified the retirement system of her passing in 1969. Rather, the bank only returned the funds in the account at the time of the reclamation request, or $14,000. There is no law requiring banks to verify that their customers are alive, or are who they represent themselves to be on an ongoing basis. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 24, 2023, Case #: WD85795, Categories: Pensions, Banking / Lending, Contract
J. Witt finds that the lower court properly found for the waste management district in a declaratory judgment action over a change in law that no longer requires waste management districts to enter into Financial Assistance Agreements with the state as a prerequisite to receiving grant funds from the Solid Waste Management Fund. The law now provides that 61% of funds must be directly distributed to management districts without preconditions on how that funding will be used. The waste management district is entitled to attorneys' fees on appeal. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 24, 2023, Case #: WD85984, Categories: Environment, Agency, Attorney Fees
J. Witt finds that the lower court properly convicted defendant of abuse of a child and sentenced him to five years in prison. The jury instructions did not impermissibly allow the jury to convict defendant based on non-unanimous findings. Rather, they properly required the jury to find that the father inflicted the injuries on his child due to her issues potty-training. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 10, 2023, Case #: WD85526, Categories: Child Victims, Jury Instructions
J. Witt finds that the lower court improperly found for the insurer in a suit seeking damages for an employee's asbestos exposure while working for its predecessor in the 1970s. A genuine issue of material fact remains as to whether the insurer had a valid policy of workers' compensation insurance with enhanced mesothelioma benefits at the time she filed her workers' compensation claim. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 10, 2023, Case #: WD85464, Categories: Asbestos, Workers' Compensation
J. Witt finds the lower court properly revoked defendant’s probation. Defendant was convicted of aggravated assault and vandalism, and received a four-year sentence that included probation. Defendant violated the terms of his probation when he was discharged from a halfway house for drinking alcohol and contacted the victim. Defendant stayed with the victim in her home, and after consuming alcohol, became violent with her. The lower court revoked defendant’s probation and ordered him to serve out the balance of his sentence incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: August 18, 2023, Case #: E2022-00898-CCA-R3-CD, Categories: Probation, Assault, Vandalism
J. Witt finds that the director properly revoked the peace officer's license after he removed electronic tracking collars from two dogs without permission from the dogs' owner and then threatened the owner who came to find them. The Director reasonably chose not to credit the officer's self-serving testimony, finding no credible threat to him or his property that would justify his conduct. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: August 15, 2023, Case #: WD85770, Categories: Administrative Law
J. Witt finds that the lower court properly denied defendant's ineffective assistance of counsel claim based on his counsel's failure to call a fact witness. Counsel strategically chose not to call the witness because their testimony about seeing two men yelling in front of the bar would not have been helpful to defendant's case, in that both men were seen with defendant immediately prior to the altercation. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: August 8, 2023, Case #: WD85293, Categories: Ineffective Assistance, Murder, Witnesses
J. Witt finds that the lower court improperly convicted defendant of murder for killing his wife, which he claims was an accidental shooting. Counsel was ineffective for failing to investigate and call a firearms expert witness to support defendant's defense. Expert testimony regarding the possibility of an unintentional discharge could have affected the outcome of the trial, and at least resulted in the jury settling on a lesser degree of homicide. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: July 18, 2023, Case #: WD85222, Categories: Firearms, Murder, Experts
J. Witt finds the lower court properly convicted defendant, as he pleaded guilty to six counts of sexual battery by an authority figure and two counts of theft of property valued at $1,000 or less. Defendant engaged in sexual activity with a student assigned to him as an aide at the high school where he was employed. Defendant also gave the victim and another student Chromebook computers that belonged to the school, resulting in defendant’s theft convictions. Defendant sought probation at sentencing, but the plea agreement stipulated the lower court would determine the sentence and manner of service, ultimately issuing an effective 10-year sentence with nine months served in confinement. The lower court sentence aligns with the terms of defendant's plea agreement. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: May 26, 2023, Case #: E2022-00715-CCA-R3-CD, Categories: Sentencing, Sex Offender, Theft
J. Witt finds the lower court properly convicted defendant of aggravated cruelty to animals for shooting and killing a cat he had caged outside of his residence. Evidence is sufficient to support his conviction and sentence of one year probation, he is prohibited from owning any animals for a period of one year, and is required to be placed on the animal cruelty registry for a period of two years. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: May 12, 2023, Case #: E2021-01467-CCA-R3-CD, Categories: Evidence, Animal Cruelty