345 results for 'cat:"Evidence" AND cat:"Murder"'.
J. Easter finds the lower court properly convicted defendant of burglary, attempted first degree murder, and resisting arrest, for stabbing an officer during the course of defendant’s arrest after he attempted to break into a locked city hall building. Defendant argued that because the Assistant District Attorney had represented him in previous defense work, it created a conflict of interest, but the lower court found there to be none since defendant did not testify and his prior convictions were not discussed at trial. The instant court agrees and finds sufficient evidence was presented to support defendant’s conviction and effective sentence of 41 years incarceration. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: February 22, 2024, Case #: M2023-00260-CCA-R3-CD, Categories: Burglary, evidence, murder
J. Kemp finds the trial court properly convicted defendant for two counts of first-degree murder. Officers responded to a call by a victim's son when he discovered his mother and defendant's father dead from gunshot wounds. The father's body appeared to officers to be posed with a gun in its hand, though it was later confirmed he had been shot six times by that very gun. Furthermore, the trial court properly rejected proffered instructions on justification and kidnapping because there was no evidence defendant reasonably believed the victims were about to commit a felony with force or violence, or that his life was in imminent danger. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: February 22, 2024, Case #: CR-23-486, Categories: evidence, murder, Jury Instructions
J. Kafker finds discretion was not abused in the denial of Massachusetts’s motion to admit its expert testimony on frequent location history data. “The purpose of rule 15 is to provide an avenue for interlocutory review of rulings that would otherwise terminate a criminal proceeding,” so expansions of this rule are only allowed where they support this purpose. Affirmed.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: February 20, 2024, Case #: SJC-13499, Categories: evidence, murder, Experts
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J. Luckert finds a lower court properly convicted a defendant for first-degree premeditated murder for shooting his girlfriend, now deceased, at close range in her face after she arranged a sexual encounter with another person. The defendant argued that the prosecutor made contradictory statements at closing about premeditation. However, the government sufficiently showed in court that the defendant was granted a fair trial, despite the non-reversible error. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: February 16, 2024, Case #: 124223, Categories: evidence, murder
J. Miller-Lerman finds the trial court properly convicted defendant for second-degree murder. Surveillance video and witness testimony shows defendant, during an extended gun battle occurring between a house and vehicles, shot and killed the victim. The trial court properly denied his motion to withdraw his no contest plea, while the record is insufficient to consider claims of ineffective assistance or discharge on speedy trial grounds. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: February 16, 2024, Case #: S-23-124, Categories: evidence, murder, Speedy Trial
J. Holloway finds the lower court properly convicted defendant of first-degree premeditated murder for shooting a woman to death outside of a nightclub, and sentenced her to life imprisonment. While defendant argues the lower court erroneously allowed video, audio, and posts from Snapchat and Facebook, the lower court found the evidence relevant to defendant’s character, relationship to the victim, as well as intent and premeditation. Defendant argues social media evidence to her character, alleged drug use should not have been allowed, but the instant court finds it admissible and she was not prejudiced, as the other evidence against defendant was overwhelming. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: February 16, 2024, Case #: E2022-01662-CCA-R3-CD, Categories: evidence, murder
J. Christopher finds that defendant was properly convicted of felony murder for an incident in which he stole a tow truck and pinned its driver between the tow truck and a repossessed vehicle, before running him over. There was sufficient evidence to support both elements of the offense, and this includes defendant admitting that he committed unauthorized use of a motor vehicle and witness testimony of the victim being pinned between the vehicles. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 15, 2024, Case #: 14-23-00126-CR, Categories: evidence, murder, Vehicle
J. Baker finds the circuit court properly granted the department of correction's motion for summary judgment. The inmate, convicted in 1980 for capital murder and rape, sought a declaration he was eligible for parole and asked the court to compel parole. Parole eligibility is based on the number of times a defendant has been convicted for felonies. Because defendant committed attempted first-degree murder and first-degree battery while incarcerated, and after a cited statute had been enacted, he became ineligible for parole after committing the last of the four felonies. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CV-23-282, Categories: evidence, murder, Prisoners' Rights
J. Herndon finds the trial court properly convicted defendant for first-degree murder with a deadly weapon. Surveillance video shows defendant stabbed the victim in the neck on a Las Vegas street. Defendant fails to support his argument the victim threatened him with a gun, and an emotional outburst by the victim's family during a viewing of the video is no basis for mistrial or curative instruction. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 15, 2024, Case #: 86208, Categories: evidence, murder, Jury Instructions
J. Hudson finds the trial court properly convicted defendant for the murder of his 3-year-old son. Evidence, including a text exchange between he and the mother of the child in which defendant told her "You’re not getting my son...I got him from now on,” and a subsequent autopsy that revealed injuries that had occurred within the time defendant had the child, support his conviction. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: February 15, 2024, Case #: CR-22-590, Categories: evidence, murder, Threats
J. Baker finds the trial court properly convicted defendant for murder based on sufficient evidence. After the victim's friend had received a text from the victim saying "this man is trying to kill me," he was found stabbed 11 times. Defendant, who is blind, fails to support his claim he was grabbed from behind and did not know who he was stabbing. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CR-23-411, Categories: evidence, murder
J. Smith finds that although the majority of the prosecution's case rested on circumstantial evidence, there was more than enough to convict defendant of murder, including his DNA found on a hat near the victim, as well as a witness who testified defendant came to his home the day of the murder with blood on his clothing asking to wash his hands. Meanwhile, the failure by defendant's attorney to object to various witness statements that lent credibility to the prosecution's case did not rise to the level of ineffective assistance and was part of a sound trial strategy to avoid drawing attention to such evidence. Furthermore, his mention of possible drug use by defendant during closing arguments was also acceptable, as that information had already been brought up during trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: February 14, 2024, Case #: 2024-Ohio-549, Categories: evidence, Ineffective Assistance, murder
J. Martin finds that the lower court properly convicted defendant of second-degree murder after overruling his objections to the introduction of statements made by a co-conspirator. The evidence clearly supports a finding that defendant conspired with two other men to develop a plan to rob the victim, so the co-conspirator's comments made in furtherance of that conspiracy are admissible under the co-conspirator exception to the hearsay rule. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: February 13, 2024, Case #: WD85834, Categories: evidence, murder
J. Clayton finds that the lower court properly convicted defendant of killing his girlfriend and sentenced him to life without parole. Under the totality of the circumstances, the evidence shows defendant made a knowing waiver of his Miranda rights before his interrogation by police. Further, the court did not abuse its discretion in admitting a recording from the victim's phone as defendant was not prejudiced by the admission due to the strong evidence of his guilt. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: February 13, 2024, Case #: ED111130, Categories: evidence, Miranda, murder
J. Cadish finds the trial court properly convicted defendant for murder. After the victim texted defendant regarding an impending drug deal, a distinctively identifiable BMW, later found to belong to defendant, arrived at the victim's location. The driver of the BMW shot into the victim's vehicle's window, and the victim was later found to be deceased. An associate of defendant's also identified him as the shooter. Evidence from another murder investigation involving defendant was relevant due to the similarity of the events. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 13, 2024, Case #: 85784, Categories: Drug Offender, evidence, murder
Per curiam, the appellate division finds that defendant was properly convicted of second-degree murder because allowing limited references to defendant's nickname, "Animal," did not constitute error since certain witnesses knew him by that moniker. Meanwhile, a police interview regarding an incident in which defendant possessed a box cutter undermined his argument the defendant had not possessed a weapon at the scene of the instant crime. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-00358, Categories: evidence, murder
J. Kemp finds the trial court properly convicted defendant for capital murder. An eyewitness saw defendant run from the area where the shooting took place and investigators recovered evidence from the residence where he hid, including ammunition, gunshot residue and the victim's DNA. All evidence supports the conviction, defendant's right to a speedy trial was not violated, and the prosecution gave valid, race-neutral reasons for exercising peremptory strikes of jurors. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: February 8, 2024, Case #: CR-23-342, Categories: evidence, Jury, murder
J. Love finds that defendant was properly convicted of second degree murder and being a felon in possession of a firearm. A deceased witness made a statement to police that defendant admitted to killing the victim. Further, the deceased witness' statement was admissible under statute because the cell phone text evidence established that her unavailability, as a result of her homicide, resulted from defendant's wrongdoing. Also, in this case, it is undisputed that the victim was killed by a gun, and the deceased witness stated that she observed defendant with a "big gun." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: February 8, 2024, Case #: 2023-KA-0520, Categories: evidence, murder
J. Forbes finds the trial court improperly denied defendant's motion for a new murder trial based on his brother's confession. Although the first confession submitted by his brother was not properly notarized and lacked credibility, subsequent confessions were not tainted by the initial filing and qualified as newly discovered evidence. When combined with the lack of physical evidence used to convict defendant - including the absence of gunpowder residue within eight minutes of the shooting - and the intoxicated nature of the victim at the time he made his identification, the confession renders defendant's convictions against the weight of the evidence and requires his convictions be vacated. Reversed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: February 8, 2024, Case #: 2024-Ohio-469, Categories: evidence, murder
J. Badding finds that defendant was properly convicted of the attempted murder of his girlfriend because intent to kill was established by the victim's extensive injuries and a text message defendant sent to his brother following the assault. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: February 7, 2024, Case #: 22-0936, Categories: evidence, Intent, murder
J. Gwin finds testimony from codefendants established defendant was aware it was the intention of the three men to kill the victim for his suspected theft of their personal belongings, and that even if he had left the scene of the crime before the victim died, his beating of the victim with both his fists and a brick was sufficient to convict him of murder. Although defendant's attorney failed to cross-examine his accomplices about inconsistencies in their versions of the crime, his conduct did not rise to the level of ineffective assistance because the court gave a comprehensive instruction to the jury that all the accomplice testimony should be viewed with grave suspicion. Affirmed
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: February 7, 2024, Case #: 2024-Ohio-429, Categories: evidence, Ineffective Assistance, murder
J. Blane finds that defendant was properly convicted of arson, attempted murder, and other charges because evidence indicated that he told a co-worker he would kill his wife if she ever tried to take their child and leave him. Evidence also indicated he set fire to her house while she, their daughter, and her parents were inside, and that he drove by as the residence burned. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: February 7, 2024, Case #: 22-1976, Categories: evidence, murder, Arson
J. Herman finds that defendant was properly convicted of the first-degree murder of his stepfather and did not show that he acted in self-defense. The evidence supports that the victim did not have a weapon and was engaged in a verbal argument until defendant armed himself with a gun. Further, the autopsy report showed that the victim was also hit hard with a shovel as well as being shot in the chest. Also, there was no evidence that a physical altercation occurred at the murder scene. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: February 5, 2024, Case #: 2023-KA-0386, Categories: evidence, murder
J. McMullen finds the lower court properly convicted defendant of two counts of premeditated murder and sentenced him to consecutive life sentences without parole for fatally shooting his stepdaughter’s father and stepmother in the face multiple times. Defendant argues the lower court improperly denied his motion to waive counsel and represent himself at trial, but the instant court finds he did not assert his right to self-representation and it was simply a tactic to be able to select an attorney or delay the trial. While defendant also argues the lower court erred by allowing testimony regarding his alleged sexual abuse of his minor stepdaughter, the instant court finds no error as it was presented as a possible motive for the murders and did not prejudice the defendant. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: February 2, 2024, Case #: E2022-00884-CCA-R3-CD, Categories: Constitution, evidence, murder
J. Smith finds that defendant was properly convicted of murder and given a 60-year sentence. The recording of the jail telephone call was properly admitted since it showed defendant's knowledge of the murder and rebutted his claim that someone else killed the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 1, 2024, Case #: 10-23-00146-CR, Categories: evidence, murder
J. Gladwin finds the trial court properly convicted defendant for first-degree murder, two counts of committing a terroristic act and use of a firearm. Evidence was presented at trial showing defendant and the victim were members of rival gangs, while witnesses confirmed defendant was looking for the victim. Ample evidence, including shell casings and a matching weapon found in defendant's possession supports the conviction. Furthermore, evidence included a video of defendant displaying weapons and reciting rap lyrics referring to killing members of the rival gang. Defense counsel did not object to the court's admitting a written journal because it supported the strategy that the video was art. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 31, 2024, Case #: CR-22-717, Categories: evidence, murder, Gangs