775 results for 'cat:"Assault"'.
J. Kern finds that the circuit court properly entered judgment after defendant was convicted as an accessory to aggravated assault for intentionally harboring or concealing a juvenile in the commission of a felony. Defendant argues that because the juvenile was subject to a delinquency
adjudication, rather than a criminal prosecution, which could have resulted in a felony conviction, she can not be an accessory to a felony. The matter stems from a recorded assault against another juvenile. Defendant was properly convicted in accordance with South Dakota Codified Law. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: June 28, 2023, Case #: 2023SD29, Categories: Juvenile Law, assault
J. Doyle finds that the trial court properly convicted defendant of aggravated assault, burglary, elder abuse, aggravated stalking, false imprisonment, battery and other offenses. The trial court correctly denied defendant's motion to dismiss the aggravated stalking charge for stalking the victim at the marital home. A court order had previously granted the victim exclusive use of the home and directed defendant not to come within 500 yards of it. However, the trial court incorrectly sentenced defendant because the battery charge against him should have merged with the elder abuse charge. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0072, Categories: Sentencing, assault, Restraining Order
J. Joseph grants a request by a Louisiana woman and her parents for additional time to serve a lawsuit in France against a French citizen, who she says was an LSU graduate student when he sexually assaulted her almost 5 year ago. She says he attacked her during a church retreat in 2018, organized by the “Ragin’ Cajun Catholics” college ministry at the University of Louisiana at Lafayette. Considering that the woman filed suit against the French citizen more than two years ago and the difficulties of serving a suit abroad, she is given extra time to demonstrate continued “reasonable diligence” in attempting service on her alleged assailant.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: June 27, 2023, Case #: 6:21cv430, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Education, assault
J. Markle finds that the trial court properly convicted defendant of kidnapping with bodily injury, rape, robbery by force, aggravated assault and obstructing officers. The trial court correctly admitted evidence of a prior strangling allegation against defendant because the evidence was relevant to show defendant's intent. The probative value of the evidence outweighed any undue prejudice to defendant. The trial court did not commit any error in allowing the state to introduce evidence of defendant's refusal to consent to a cheek swab. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 27, 2023, Case #: A23A0259, Categories: Sex Offender, assault, Kidnapping
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J. Zimmerman finds that defendant's fair trial claims regarding the victim police officer attending trial next to the prosecutor cannot be considered by this court. He failed to raise any plain-error constitutional arguments in his appeal, and so that portion of his appeal will be dismissed. Meanwhile, testimony from the other officers at the scene of the crime was sufficient to convict defendant of obstruction, considering they testified defendant held his cell phone immediately in front of the victim's face and prevented him from observing the arrest of another individual at the bar. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: June 26, 2023, Case #: 2023-Ohio-2100, Categories: Evidence, Fair Trial, assault
J. Nguyen finds that the district court improperly entered summary judgment in favor of the United States in an action brought by an individual who alleged that a Transportation Security Officer (TSO) sexually assaulted her during an airport security screening. TSOs fall under the Federal Tort Claims Act's “law enforcement proviso,” which waives sovereign immunity for torts such as assault and battery committed by “investigative or law enforcement officers of the United States Government.” Reversed.
Court: 9th Circuit, Judge: Nguyen, Filed On: June 26, 2023, Case #: 22-15402, Categories: Civil Rights, Immunity, assault
J. Soto finds a lower court ruled correctly in convicting defendant of aggravated assault with a deadly weapon after a woman was shot at an apartment complex following an argument. Defendant argued there was not sufficient evidence to convict him, but while “the record contains no direct evidence” that he was the shooter, the “cumulative force of the circumstantial evidence,” including the lack of any other suspects at the scene when the woman was shot, was enough evidence to convict him. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: June 23, 2023, Case #: 08-22-00211-CR, Categories: Evidence, Firearms, assault
J. Kamins finds the trial court erred in convicting defendant of assaulting a public safety officer. “The evidence indicated that defendant did not use enough force to cause pain where he impacted the officer.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: June 22, 2023, Case #: A176984, Categories: Evidence, assault
J. Maxwell finds the lower court properly convicted defendant of aggravated assault for shooting a man in the back after an altercation at a convenience store, and sentenced him to 15 years incarceration with three years suspended. Defendant claims he received ineffective assistance from trial counsel, but the instant court finds no deficiency in his representation. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: June 22, 2023, Case #: 2022-KA-00236-SCT, Categories: Ineffective Assistance, assault
J. Schumacher finds that defendant was properly denied his second application for relief from convictions for robbery and assault based on newly-discovered evidence because the fact that the state declined to prosecute another suspect would not have changed the result of defendant's trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: June 21, 2023, Case #: 22-1272, Categories: Evidence, Robbery, assault
J. Markle finds that the trial court improperly dismissed defendant's motion to vacate a void sentence. However, the trial court correctly found that defendant's life sentence for armed robbery and 20-year sentence for aggravated assault are not void because they fall within the statutory range of punishment. The trial court was authorized to impose a life sentence for the armed robbery conviction regardless of whether defendant was a recidivist. The motion should have been denied rather than dismissed. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 21, 2023, Case #: A23A0220, Categories: Robbery, Sentencing, assault
J. Peterson finds that the trial court properly convicted defendant of murder and aggravated assault for driving his truck into several pedestrians after a bar fight, killing two of them and seriously injuring a third. The trial court correctly refused to remove a juror who revealed, after already being selected for the jury, that he thought he had once been convicted of a felony. A report on the juror's criminal history showed that he was not a convicted felon and defendant failed to challenge the juror under the statute or argue that the juror was disqualified for any alleged impairment in his ability to be fair and impartial. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: June 21, 2023, Case #: S23A0733, Categories: Jury, Murder, assault
J. McFadden finds that the trial court properly convicted defendant of aggravated assault and possession of a firearm during the commission of a crime. The trial court correctly denied defendant's motion to suppress evidence found in a warrantless search of his car because the motion was untimely. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0321, Categories: Firearms, assault
J. Mayle finds defendant's no-contest plea to an assault charge was made knowingly and voluntarily because the trial court properly explained he was not admitting guilt but would stipulate to the evidence presented by the prosecution. Although defendant argues he was prejudiced because the state did not include the fact he was sprayed with mace by the corrections officer before he body-slammed him, this circumstance was not required to be included in the prosecution's version of events. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 20, 2023, Case #: 2023-Ohio-2008, Categories: Sentencing, assault, Plea
J. Riedmann finds the district court properly entered the harassment protection order against the property owner involved in a boundary dispute resulting in trespass, vandalism and a fight resulting in hospitalization. Evidence presented at the show cause hearing, including the petition, affidavit, testimony and exhibits outweigh arguments that the injured party’s lack of recollection and failure to identify a series of acts precludes the order. The aggressor’s argument ignores evidence of and reference to the two-year dispute. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-801, Categories: Property, Restraining Order, assault
J. Otake partially denies summary judgment to the county in wrongful death complaint against the county and several police officers. In separate case based on the same events that led to a man’s death after police detained him, similar claims of negligence and police misconduct were granted summary judgment but that decision has no bearing on this case and does not preclude the claims in this suit. Although the plaintiffs in both cases are relatives of the decedent, they are not the same relatives and their claims are separate from each other. However, summary judgment is granted as to conspiracy and due process claims due to a lack of sufficient allegations to support the claims.
Court: USDC Hawaii, Judge: Otake, Filed On: June 20, 2023, Case #: 1:20cv202, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, assault, Police Misconduct
J. Westbrooks finds the lower court properly convicted defendant of aggravated assault with a firearm enhancement for shooting a man in the stomach. Defendant was sentenced to 10 years for the aggravated assault and five years for the firearm enhancement to be served concurrently in the custody of the Mississippi Department of Corrections. There are no arguable issues on appeal. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: June 20, 2023, Case #: 2022-KA-00480-COA, Categories: Firearms, assault
J. McCaffery finds that the lower court properly sentenced defendant for attempted rape, stalking and charges related to his assaulting his ex-girlfriend. The evidence, including a multitude of prior bad acts concerning his past abuse of the victim, supports conviction. Affirmed.
Court: Pennsylvania Superior Court, Judge: McCaffery, Filed On: June 20, 2023, Case #: J-S03030-23, Categories: Sentencing, Sex Offender, assault
J. Doyle finds that the trial court properly convicted defendant of family violence aggravated assault, aggravated battery and false imprisonment. Sufficient evidence was presented to support defendant's false imprisonment conviction and the trial court did not commit any error in refusing to merge the family violence aggravated assault and aggravated battery convictions. The rule of completeness did not apply to defendant's separate statements over the phone to an unidentified person and his statements to police officers, therefore the officer was allowed to testify that he overheard defendant tell the person on the phone he was about to go to jail. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 20, 2023, Case #: A23A0431, Categories: Ineffective Assistance, assault, Battery
J. Land finds that the trial court properly convicted defendant of offenses in connection with the assault of his girlfriend. Defendant's Sixth Amendment rights were not violated when an investigator and an assistant district attorney listened to three recorded jailhouse phone calls between defendant and one of his earliest attorneys. There is no reasonable expectation of privacy in recorded phone calls made from jail or prison, therefore defendant cannot rightfully contend that his calls were confidential or privileged. The state did not seek to admit the calls into evidence and they only came up outside the presence of the jury during defendant's cross-examination of the investigator. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: June 20, 2023, Case #: A23A0577, Categories: assault, Civil Rights
J. Elrod finds the district court improperly dismissed the officer's negligence claim against the organizer of a Black Lives Matter protest which resulted in the officer being assaulted and severely injured. The officer plausibly alleged that the organizer led the protest in an unreasonably dangerous manner, breaching his duty to avoid creating circumstances in which it is foreseeable that another might be injured. The organizer can be held liable, though, only if the officer proves the specific elements of his negligence claim. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Elrod , Filed On: June 16, 2023, Case #: 17-30864, Categories: Tort, Negligence, assault
J. Rodriguez finds that the trial court properly reopened a preliminary hearing so the state could introduce evidence of defendant's gang membership, which was necessary under amendments to the gang enhancement elements. The trial court had the authority to reopen the hearing in the unfinished case in order to hear evidence that was not previously required. Affirmed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 15, 2023, Case #: A166375, Categories: assault, Gangs
J. Lynch finds that the lower court properly convicted defendant of assault and attempted aggravated assault of a police officer for driving his vehicle into two police cruisers in separate incidents. Defendant says proof was lacking as to elements of intent and serious physical injury, but both cruisers were easily identifiable as police cars and an officer had been inside or next to each vehicle that had been rammed. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 15, 2023, Case #: 112166, Categories: Intent, assault
J. Smith denies, in part, an allegedly predatorial landlord's motion for partial summary judgment on claims filed by two former female trailer park tenants who claim he pressured them to have intercourse and oral sex in exchange for rent. There are questions of fact that preclude summary judgment on the women's assault, fair housing and invasion of privacy claims.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: June 15, 2023, Case #: 5:18cv1096, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Privacy, assault
J. Hull finds that the trial court failed to make record findings that defendants had previously been convicted of serious felonies under the three-strikes law before sentencing them for an attack on a fellow inmate. On remand, the trial court may either hold a new hearing on the required elements of the law, or correct the record if the omission was a clerical error. Vacated.
Court: California Courts Of Appeal, Judge: Hull, Filed On: June 14, 2023, Case #: C094195, Categories: Sentencing, assault