759 results for 'cat:"Assault"'.
J. Brennan reverses the dismissal of indictments against the defendant for attempted rape of a child, attempted indecent assault and battery on a child under 14 and attempted indecent assault and battery on a person 14 or older. Even though he didn’t touch his 13-year-old daughter, he instructed her to masturbate with him on the phone with her.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: March 29, 2024, Case #: 23-P-37, Categories: Sex Offender, assault, Child Victims
J. Neeley finds the trial court properly convicted defendant for assault on a public servant. A habitual offender sentencing enhancement resulted in a potential life sentence. Defendant moved for a competency evaluation, which resulted in the determination he was competent to stand trial. Defendant attempted to challenge the evaluation in various ways during trial. Though there is some evidence of mental illness, there is none from which it may be inferred the illness renders defendant incapable of consulting rationally with counsel. No evidence supports a finding defendant is incompetent to stand trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00094-CR, Categories: Competence, Sentencing, assault
J. Bourliot finds that the trial court erred in revoking defendant's community supervision on an assault charge for failure to pay monthly supervision fees. The state failed to prove defendant's ability to pay the fees as required when it was the sole ground in support of revocation. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: March 28, 2024, Case #: 14-22-00631-CR, Categories: Criminal Procedure, assault
J. Neeley finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for assaulting a member of his household by impeding breathing or circulation. Defendant's supervision was properly revoked for his failure to submit to a urinalysis and for committing another assault against a different victim. If defendant's right to confront the alleged victim during the revocation hearing was violated, any error regarding a violation to which he pleaded “not true” did not contribute to his conviction because he pleaded “true” to other offenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: March 28, 2024, Case #: 12-23-00199-CR, Categories: Probation, assault, Due Process
J. Mortensen finds that the lower court properly convicted defendant of aggravated assault and domestic violence in the presence of a child. Defendant’s wife reported to police that defendant assaulted her in front of their five children, but later recanted her statement and asserted her Fifth Amendment right 47 times at trial. Defendant argues that hearing the invocations over and over prejudiced the jury, but he did not object to the invocations prior to appeal. Also, his argument of ineffective assistance of counsel fails, as what defendant views as error by counsel would not have impacted the outcome of the trial. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220006-CA, Categories: Ineffective Assistance, assault, Domestic Violence
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. Pennell finds that the lower court properly upheld a bench warrant against a minor for complying with the terms of her supervision following an assault conviction. While the warrant did conflict with a related state statute, it was proper under the terms of the Juvenile Justice Act, which legal precedent says take priority. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: March 28, 2024, Case #: 39113-2-III, Categories: Juvenile Law, assault
J. Dever grants a female student’s motion to transfer litigation from North Carolina to Louisiana in a suit she brought against a male student for sexual assault. Both students attended Tulane University in Louisiana at the time of the alleged assault, although the male student now resides in North Carolina. After the female student initiated litigation against the male student, he counter-sued for defamation and also sued Tulane for breach of contract as he was dismissed from the university one month before graduation. Weighing all factors in the case, the litigation involving the female student will be transferred to Louisiana where the suit against Tulane is already taking place.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 28, 2024, Case #: 5:22cv500, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Education, Defamation, assault
J. Hoyle finds the trial court properly sentenced defendant on her guilty plea conviction for assault on a public servant. Defendant was sentenced to four years in prison after multiple violations of her terms of community supervision. She pleaded "true" to the violations, conditioned upon her appearance. She missed the first sentencing hearing, as well as the reset hearing, and the court sentenced her to 10 years in prison. Her charge is significantly more serious than offenses committed by the defendant in a cited case involving cruel and unusual punishment. Defendant's sentence is also less severe than the sentence imposed in the cited case. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00251-CR, Categories: Constitution, Sentencing, assault
J. Bell grants in part a county district attorney’s office and its staff and some security and police officers’ motions to dismiss allegations of assault brought by a motorist. After contradictory communication between administration and security, the motorist was arrested for visiting the district attorney’s office a second time. Unbeknownst to him, he had been banned from the office. The arresting officers ignored his requests to loosen his handcuffs and instead tightened them, causing him injury. His assault, unlawful arrest and excessive claims against two officers will proceed.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 5:22cv95, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle, assault
J. MacDonald agrees with defendant, who appeals his convictions of aggravated felonious sexual assault and attempted aggravated felonious sexual assault, that the lower court erred in denying his motion for a mistrial. A statement was allowed that suggested there was a second victim, and this was highly prejudicial. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: March 26, 2024, Case #: 2022-0728, Categories: Sex Offender, assault, Child Victims
J. Mastroianni grants in part the motions to dismiss filed by a city and public school officials against the victims and representatives of victims of sexual assault on the city’s public high school campus. The victims and their representatives fail to adequately substantiate that the school officials violated their substantive due process rights by failing to prevent other students from sexually assaulting them, but the victims and their representatives do adequately support a Title IX claim based on school officials’ failure to take appropriate remedial actions, such as properly investigating three of the victims’ reported incidents of being sexually assaulted.
Court: USDC Massachusetts, Judge: Mastroianni, Filed On: March 25, 2024, Case #: 3:22cv11701, NOS: Education - Civil Rights, Categories: Education, Municipal Law, assault
J. Cogan reaffirms a jury’s verdict in which they awarded six women $500,000 each plus punitive damages after finding a bond trader had violated the Trafficking Victim Protection Act when he brought them to his New York City penthouse and forced them to engage in brutal, sadomasochistic sex acts. The court finds the trader’s argument that the Act did not apply to their claims as unpersuasive.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: March 20, 2024, Case #: 1:17cv6404, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, Damages, assault
J. McKeig affirms the defendant's second-degree assault conviction, appealed on the grounds that the state did not provide sufficient evidence that the broom handle he broke over his wife's head was a "dangerous weapon" and that he could not be convicted for both second-degree assault and domestic assault. Domestic assault is not a "lesser degree" of second-degree assault, so the relevant Minnesota statute does not prohibit convictions for both offenses, and the state need only prove that death or great bodily harm is a "probable or reasonably expected" outcome of a defendant's use of an object to make it a dangerous weapon. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 20, 2024, Case #: A22-0960, Categories: assault, Weapons
J. Brodie rules on a series of expert and evidence-related motions in a negligence case against American Airlines, who was sued by a passenger alleging she was sexually assaulted by a drunk passenger during a flight from Phoenix to New York. Notably, the court allows evidence related to the litigant’s history of sexual abuse and assault to be presented at trial, but only for the purposes of identifying sources of prior trauma or apportionment of damages.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 20, 2024, Case #: 1:18cv6110, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Experts, assault
J. Sullivan finds that the lower court properly sentenced defendant after a jury convicted him of robbery, aggravated assault and related crimes while on parole; all the charges stem from defendant’s robbery of a victim at gunpoint after hiding in the victim’s vehicle. Using location data from defendant’s GPS ankle monitor to link him to the crime is reasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S09039-23, Categories: Evidence, Robbery, assault
J. Franson finds that the trial court properly denied defendant's claim that he is entitled to sentencing relief based on his misunderstanding of potential immigration consequences of his conviction for assault with a firearm. The evidence supports his claim that he did not understand the potential immigration consequences when convicted, but he is ineligible for relief because no evidence shows he lacked an understanding years later when he was convicted for a DUI or when probation revocation proceedings were held. However, he may pursue a new motion based on arguments that his initial failure to understand potential immigration consequences was prejudicial. Vacated in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: March 15, 2024, Case #: F084751, Categories: Criminal Procedure, Immigration, assault
J. Massing affirms the denial of the Massachusetts Bay Transportation Authority’s motion for summary judgment against a man suing it after its employee assaulted him, including by kicking and stomping on his head, causing him to suffer a traumatic brain injury. Public employers’ immunity from liability for their employee’s intentional torts, including assault and battery, does not extend to negligent hiring, supervision and retention, which have to do with the employer’s actions. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: March 15, 2024, Case #: 23-P-111, Categories: Transportation, Immunity, assault
J. Boatwright finds the trial court improperly dismissed the property owner's civil complaint alleging assault, battery and other charges against his ex-girlfriend connected to an incident in which her cousin attacked the owner after they broke into a condo in Belize the ex-girlfriend and the owner had previously shared during their relationship. Despite the fact that the owner initially filed his complaint in Belize, he subsequently filed it in Brevard County, Florida, and in part because both he and the ex-girlfriend have acknowledged that Florida is a more convenient venue for litigation than Belize, the trial court was wrong to dismiss the complaint based on a finding of inconvenient forum without weighing all the factors and evidence involved. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Boatwright, Filed On: March 15, 2024, Case #: 23-2000, Categories: Venue, assault
J. McNeill finds that defendant was properly convicted of assault and violating a protective order for strangling his girlfriend. Evidence of prior domestic violence between the parties was relevant since it showed that defendant violated the prior no-contact order, and it did not influence the outcome of defendant's assault conviction. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: March 15, 2024, Case #: 2022-CA-1363-MR, Categories: assault, Domestic Violence
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to assault and criminal contempt. Defendant contends his sentence was harsh, but the term could have been more severe given that he violated an order of protection for his ex-girlfriend and violently assaulted a good samaritan who tried to help her flee. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 112566, Categories: Sentencing, assault
J. Osteen denies a male university student’s motion for preliminary injunction following an investigation into allegations of rape and sexual assault brought against him by a female student. The male student, found responsible for sexual misconduct, counters by saying that procedural irregularities in the investigation and hearing were committed against him based on gender bias. However, the male student provides no evidence of gender bias or violation of the university’s Title IX policy.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:24cv41, NOS: Education - Civil Rights, Categories: Education, Tort, assault
Per curiam, the Massachusetts Court of Appeals partly vacates a ruling in the Commonwealth’s favor, dismissing claims brought against it by its employee, a court officer who sued the Commonwealth after it refused to cover the difference between his workers’ compensation payments and his salary in “assault pay” for debilitating injuries he suffered on the job. The statute of limitations was applied in error and the fact that the employee suffered an injury from tripping on stair tread at one point, does not negate the fact that he also sustained many of his injuries from violent prisoners. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: March 14, 2024, Case #: 23-P-495, Categories: Employment, assault, Workers' Compensation