345 results for 'cat:"Evidence" AND cat:"Murder"'.
J. Cassel finds the trial court, on remand for resentencing, properly sentenced defendant for two murder convictions and one attempted murder conviction to consecutive sentences “amounting to a life sentence.” No evidence shows that the court failed to consider relevant mitigating factors. A full evidentiary hearing was held prior to resentencing, giving defendant an opportunity to present mitigating factors. The record shows that the court read and reviewed all evidence. The court explicitly stated that all evidence was weighed and the sentences were based upon relevant factors. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: June 2, 2023, Case #: S-22-568, Categories: evidence, murder, Sentencing
J. Papik finds the trial court properly convicted defendant for murder and use of a deadly weapon to commit a felony. The victim, a real estate agent, had shown a house to defendant the day before his body was found at that same house. Defendant had credit issues and was also being threatened with eviction. Witnesses testified to encountering a man fitting defendant’s description at the house the day before the body was discovered. Split-screen surveillance video of the area, showing slowed footage of an individual walking alongside slowed footage of defendant walking was properly admitted. All evidence supports conviction. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: June 2, 2023, Case #: S-22-412, Categories: evidence, murder
J. McMullen finds the lower court properly convicted defendant of first-degree premeditated murder and tampering with evidence for shooting his mother in the head. Defendant received an effective life sentence. Defendant argues he was denied funds to obtain expert services, but the instant court finds he did not demonstrate a need for expert services. And defendant’s claim the lower court committed error when it excluded a conversation he had with his aunt is without merit, as the conversation is deemed hearsay. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: June 1, 2023, Case #: W2022-00023-CCA-R3-CD, Categories: evidence, murder
J. Brennan upholds a district court ruling denying a request for a hearing of new eyewitness testimony by a defendant serving 28 years for the shootings of three men, one fatally, in 2009. After first holding that Wisconsin state courts properly ruled that the defendant’s ineffective assistance of counsel claims was procedurally defaulted, the appellate decision then affirms the lower court ruling. The introduction of new eyewitness testimony does not amount to a showing of actual innocence when strong and credible testimony to the contrary remains. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: June 1, 2023, Case #: 21-1402, Categories: evidence, Habeas, murder
J. Lewis finds the trial court properly convicted defendant for murder, sentencing him to death. Here, his second application for capital post-conviction relief is denied. Review of defendant’s claims of ineffective assistance, including counsel’s failure to present evidence of defendant’s brain damage, fetal alcohol exposure, childhood trauma, trans-generational sexual abuse and history of mental illness in the penalty phase are procedurally barred in this second application. The record shows an aggravated brutal murder of a defenseless child by a defendant with no credible claim of innocence. The direct appeal was litigated by experienced counsel who presented cogent arguments. Direct appeal counsel also presented the court of appeals with a neuropsychological evaluation of defendant. Defendant has not shown that initial post-conviction counsel was ineffective. No evidentiary hearing is warranted under the standard.
Court: Oklahoma Courts Of Appeal, Judge: Lewis, Filed On: June 1, 2023, Case #: PCD-2022-1033, Categories: Death Penalty, evidence, murder
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J. Lowy upholds defendant's first-degree murder conviction and refuses to reduce the verdict. The theory of deliberate premeditation is supported by evidence, and defendant fails to show he received ineffective assistance of counsel or that a certain portion of the prosecutor's closing argument was improper. Affirmed.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: June 1, 2023, Case #: SJC-12023 , Categories: evidence, Ineffective Assistance, murder
J. Rodriguez finds a lower court ruled correctly in convicting defendant of murder after a woman that defendant had been dating was found dead at her home. Defendant argued the state had neither offered adequate evidence against him nor proven that a murder had happened in Texas which would have given this court jurisdiction, but the venue in this case “was not disputed in the trial court,” and prosecutors offered “ample circumstantial evidence,” including a Facebook belonging to defendant that had sent threatening messages to the victim, to provide “authentication” of defendant as the killer. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 31, 2023, Case #: 08-22-00109-CR, Categories: evidence, murder, Domestic Violence
J. Groves finds that while one of the victim's minor siblings admitted to "squishing" a 2-year-old prior to his death, defendant's murder conviction is supported based, in part, on the fact that none of the treating physicians or the state's expert witnesses believed the blunt force injuries that caused the victim's death could have been caused by the 6-year-old sibling. Meanwhile, the trial court properly admitted the investigating officers' testimony about out-of-court statements made by the victim's mother because the evidence was used to explain the police investigation and did not prejudice defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1747, Categories: evidence, murder, Child Victims
J. Womack finds the trial court properly convicted defendant for murder. Defendant was observed stabbing the victim by witnesses on a two-day long excursion involving the acquisition of drugs, firearms and owed money. The arrest was made and evidence was gathered with the help of the witnesses. Certain claims of error are not preserved and are subject to no exceptions. Defendant was not prevented from testifying about the victim’s past and self-defense instructions were properly given to the jury. All evidence was properly admitted, and defendant’s habitual offender status was properly applied at sentencing. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: May 25, 2023, Case #: CR-22-498, Categories: evidence, murder, Sentencing
J. Gravois finds that defendant was properly convicted of second degree murder and armed robbery with a firearm. The victim's girlfriend testified that three men with guns forced their way into her apartment, demanding two kilos of cocaine, tied her up and eventually took the victim in a truck with them. The girlfriend identified defendant and another individual in a line up as two of the men that entered her house. Further, defendant admitted to duct taping the girlfriend. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-371, Categories: evidence, murder, Robbery
J. Connors finds that the lower court properly convicted defendant for intentional or knowing murder, aggravated attempted murder and elevated aggravated assault. Defendant argues that the lower court erred in admitting a certain statement that he made to the police regarding the "number and names" of the victims, but any error in the admission of the statement was harmless. The other evidence indicating his guilt was "overwhelming." Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 23, 2023, Case #: 2023ME31, Categories: evidence, murder
[Consolidated]. J. Erickson finds a lower court properly sentenced two defendants to 240 months in prison for Hobbs Act robbery, but improperly convicted them for commission of murder during a crime of violence. The government argued that the defendants were not entitled to a motion to suppress evidence based on their "rubber stamp" theory, and that the murder conviction should move ahead because the defendants shot and killed the homeowner, who maintained a "very impressive video surveillance system." However, the defendants presented sufficient evidence in court that their only intention was to knowingly possess firearms to forcibly to steal money and drugs from the residence. Affirmed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: May 23, 2023, Case #: 21-2469, Categories: evidence, murder, Robbery
J. Orme finds the trial court properly denied defendant’s motion to withdraw his guilty plea to aggravated murder after confessing to the racially motivated murder of his Black Cuban cellmate. Defendant, a white skinhead, confessed with a handwritten letter detailing his feelings, method and specific actions taken during the murder. Defendant has not demonstrated that various cell changes and interviews following the death were intended to make him vulnerable or result in involuntary incriminating statements. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: May 18, 2023, Case #: 20180322-CA, Categories: evidence, murder, Plea
J. Clark finds that the lower court properly convicted defendant of murder, arson, and tampering with evidence for collaborating with his wife to kill their adopted 16-year-old son and set fire to their home to cover up the death because police and fire investigators and forensic experts testified that the teenager had been dead before being badly burned in the fire. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 18, 2023, Case #: 111985, Categories: evidence, murder, Arson