232 results for 'cat:"Murder" AND cat:"Sentencing"'.
J. Ayers finds the lower court properly convicted defendant of second degree murder for the death of his spouse. Defendant killed his wife and disposed of her body in a wooded area across the street from the apartment they shared with their children. The victim died from multiple sharp force injuries, blunt force injuries and strangulation. Defendant told the responding officer he was responsible for killing his wife. Evidence is sufficient to support his conviction and sentence of 25 years to be served at 100 percent, as enhancements were applied due the extreme nature of the crime, his history of criminal behavior and his status as an illegal immigrant. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: November 22, 2023, Case #: E2023-00357-CCA-R3-CD, Categories: Evidence, murder, sentencing
J. Pate finds the superior court properly dismissed a lawsuit because it failed to state a claim upon which relief may be granted for defendant, who was sentenced to 104 years in prison for kidnapping and murder. The “proper vehicle…would be an application for post-conviction relief.” Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: November 17, 2023, Case #: S-18511, Categories: murder, sentencing, Kidnapping
J. Levy finds that the trial court properly denied defendant's petition for resentencing on a murder conviction. Resentencing is unavailable because he was convicted after changes to both the felony-murder rule and the natural and probable consequences doctrine became law. Affirmed.
Court: California Courts Of Appeal, Judge: Levy, Filed On: November 16, 2023, Case #: F085582, Categories: murder, sentencing
J. Colvin finds that the trial court properly sentenced defendant for his murder convictions. The trial court correctly sentenced defendant for two counts of felony murder predicated on felony fleeing a police officer instead of for two counts of vehicular homicide predicated on misdemeanor fleeing a police officer. The rule of lenity does not apply in this case. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: November 7, 2023, Case #: S23A1137, Categories: murder, sentencing
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J. Irion finds the trial court properly declined to resentence defendant on a second degree murder conviction he received for driving a car in a police chase that resulted in the death of one of his passengers. Changes to felony murder and natural and probable consequences murder statutes do not apply to murder convictions based on the provocative act doctrine. Affirmed.
Court: California Courts Of Appeal, Judge: Irion, Filed On: November 2, 2023, Case #: D081200, Categories: murder, sentencing
J. Melloy finds a lower court properly convicted a defendant who initially pleaded guilty to possessing a firearm while illegally residing in the U.S. The defendant, who worked at a convenience store where he beat a customer to death with a pistol for allegedly stealing, argued that the lower court erred in applying a homicide guideline cross reference, instead of manslaughter, and that he was entitled to be tried before a jury. However, the government presented sufficient evidence in court that the defendant's sentence is proportional to his crime and that he was only entitled to a bench trial. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: November 1, 2023, Case #: 22-2844, Categories: murder, sentencing, Assault
J. Yegan finds the county court properly denied defendant’s second petition for resentencing. Defendant was convicted for murder and conspiracy to commit murder, with both convictions involving the same victim. The conspiracy conviction shows that, as a matter of law, the target offense is murder. This holding is the law of the case, conclusively establishing that defendant is not entitled to resentencing. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: October 30, 2023, Case #: B324567, Categories: murder, sentencing, Conspiracy
J. Cassel finds the district court properly dismissed this suit brought by the prison inmate regarding the computation of her tentative mandatory release date. The court sentenced defendant to life for a murder committed as a juvenile, imposing a consecutive sentence of two to five years for a firearm use conviction. Later, the court imposed a consecutive sentence of one year for assault by a confined person. The murder sentence was vacated following a decision involving juvenile offenders and changed to 60 to 80 years. The inmate’s complaint, challenging confinement duration, fails to state a claim. Also, in failing to challenge the validity of a rule, the sovereign immunity waiver does not apply. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: October 27, 2023, Case #: S-22-719, Categories: Juvenile Law, murder, sentencing
J. Hixson finds the lower court properly convicted defendant of first degree murder and possession of a firearm by a convicted felon for shooting a man in a store parking lot after an altercation. While defendant argues his sentence of life without parole to be served consecutively to 30 years for the firearms conviction is excessive, the instant court finds the lower court properly sentenced him as a repeat offender. Affirmed.
Court: Tennessee Court of Appeals, Judge: Hixson, Filed On: October 26, 2023, Case #: W2022-01796-CCA-R3-CD, Categories: Firearms, murder, sentencing
J. Miller finds the trial court properly sentenced the 18-year-old defendant on his convictions for murder, assault with a firearm and shooting at an inhabited building. The court of appeals remanded the original 40-years-to-life sentence, which was changed to 25-to-life after certain enhancements were dismissed after considering defendant’s developmental issues. The trial court fully considered its non-dismissal of the firearm enhancement. Defendant does not claim the court abused its discretion and no abuse of discretion is found. According to the record, it is not reasonably probable the court would have reached a different result if it believed certain statutory mitigating circumstances also applied. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: October 26, 2023, Case #: A166053, Categories: Firearms, murder, sentencing
Per curiam, the North Dakota Supreme Court finds that the district court properly issued judgment and sentenced defendant to 55 years of incarceration. Defendant pleaded guilty to murder with a deadly weapon but argues the court abused its discretion by improperly weighing the statutory sentencing factors. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023ND201, Categories: murder, sentencing
J. Wiseman finds the trial court improperly denied defendant’s petition for resentencing from his guilty plea conviction for attempted murder. The stated factual basis demonstrates that defendant stabbed the victim with the intent to kill during a gang-related fight, though defendant did not stipulate to the factual basis or otherwise admit the truth of the facts recited by the prosecution. The trial court improperly engaged in factfinding at the prima facie stage and erred in denying defendant’s petition without issuing an order to show cause and holding an evidentiary hearing. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Wiseman, Filed On: October 25, 2023, Case #: C096982, Categories: murder, sentencing, Due Process
J. Gremillion finds that defendant was properly convicted and sentenced for murder and obstruction of justice for the shooting death of her estranged husband in a store parking lot during a child custody exchange. The surveillance video and other evidence was sufficient to show that defendant was not acting in self-defense when she shot the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: October 25, 2023, Case #: KA-22-665, Categories: murder, sentencing, Self Defense
J. Chicchelly finds that defendant was properly sentenced based on his guilty plea to attempt to commit murder and two counts of willful injury causing serious injury because defendant failed to support his claim that the lower court considered his lack of remorse in sentencing him to 25 years imprisonment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly , Filed On: October 25, 2023, Case #: 22-1575, Categories: murder, sentencing
J. Mundy finds that the lower court properly vacated defendant’s convictions for murder of the first degree, kidnapping and rape of a woman in 1990 and his resulting death sentence. The lower court failed to disclose psychological reports of a key witness against defendant in this case. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Mundy, Filed On: October 23, 2023, Case #: J-11-2023, Categories: murder, sentencing, Witnesses
J. Neville finds that the lower court improperly sentenced defendant to life in prison for the murder of an unborn child and intentional homicide of the mother. Defendant was only found guilty of one murder, so the sentencing law applicable to multiple murder convictions does not apply in this case. Reversed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: October 19, 2023, Case #: 128269, Categories: murder, sentencing
J. Goethals finds that the trial court improperly denied defendant's petition to be resentenced on three first degree murder convictions in light of changes to felony murder and implied malice murder law. He did not waive his due process right to be present at the evidentiary hearing and is entitled to be present at a new evidentiary hearing so he may offer testimony or evidence in response to the state's presentation. Reversed.
Court: California Courts Of Appeal, Judge: Goethals, Filed On: October 17, 2023, Case #: G061191, Categories: murder, sentencing, Due Process
J. McMillian finds that the trial court properly convicted defendant of murder and aggravated assault. Sufficient evidence was presented to support defendant's murder conviction. However, defendant's aggravated assault conviction should have merged into the murder conviction. Affirmed in part.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: October 11, 2023, Case #: S23A0460, Categories: murder, sentencing, Assault
J. Ellington finds that the trial court properly convicted defendant of murder and sentenced him to life imprisonment. There is no ambiguity between the statutory definitions of felony murder and homicide by vehicle predicated on a violation of the statute for fleeing or attempting to elude a police officer, therefore the rule of lenity does not apply in this case and defendant was correctly sentenced. Defendant's sentence is not excessive. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: October 11, 2023, Case #: S23A0589, Categories: murder, sentencing
J. Gustafson finds that defendant — who was charged with deliberate homicide before he took a guilty plea without acknowledging his guilt — did not demonstrate a need for this court to engage in plain error review of his plea’s sufficiency. Additionally, his claim for ineffective assistance of counsel is not based in the record, so his direct appeal is inappropriate. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: October 6, 2023, Case #: DA 21-0465, Categories: murder, sentencing, Plea
J. Neeley finds the trial court properly convicted defendant for murder. Though defendant pleaded “true” to a sentencing enhancement for a prior conviction for aggravated sexual assault and kidnapping, he says his life sentence is cruel and unusual. Sentencing in a cited case involving enhancements for credit card theft is not constitutionally disproportionate. This much more serious case involving murder, with enhancements for sexual assault and kidnapping, also satisfies the applicable threshold test. No abuse of discretion is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 6, 2023, Case #: 12-23-00057-CR, Categories: murder, sentencing
J. Coogler finds the district court improperly sentenced defendant to 20 years' imprisonment after he violated a three-year probation term implemented in 2017 when he pleaded guilty to wire fraud by getting convicted in Florida state court of second-degree murder. The government did not give a specific reason on the record for why it was going so far beyond the guideline sentencing range of 12 to 18 months when sentencing defendant, so it is required that the sentence is vacated and the case is remanded for re-sentencing.
Court: 11th Circuit, Judge: Coogler, Filed On: October 3, 2023, Case #: 22-10742, Categories: murder, Probation, sentencing
J. Waite finds the trial court properly denied defendant's motion to withdraw his guilty plea because the previous remand from this court was for the purpose of a limited resentencing and had affirmed his convictions, which prevented any consideration of his plea agreement. Meanwhile, the trial court made all necessary findings before it imposed consecutive sentences that were less than the maximum defendant could have received, and because he had an extensive criminal record before the heinous crimes at issue in this case - including the murder and dismemberment of his girlfriend - the sentences were not unreasonable. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: September 29, 2023, Case #: 2023-Ohio-3595, Categories: murder, sentencing, Plea
J. Sulek finds the trial court properly denied defendant's motion to sever his indictments into separate trials because the evidence involving each of his victims was simple and direct, while the crimes occurred on different dates and the jury was unlikely to be confused by any of the evidence. However, because the strangulation of one victim was the only injury that caused her death, the assault and murder charges in that indictment should have been merged for sentencing purposes; therefore, the case will be remanded for resentencing only. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 29, 2023, Case #: 2023-Ohio-3542, Categories: murder, sentencing, Sex Offender
J. Bamattre-Manoukian denies the murder convict’s petition for a writ of mandate to disqualify a judge who denied his petition for resentencing once, and then again after the Sixth District reversed and remanded the first order. Laws cited address a trial judge in a prior proceeding who is assigned to conduct a new trial, not to rule on a request for resentencing. Petitioner fails to demonstrate that his post-appeal proceeding is a “new trial.” Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: September 29, 2023, Case #: H050633, Categories: Judiciary, murder, sentencing
J. Womack finds the trial court improperly convicted defendant for murder, imposing a life sentence. Upon briefing, the Arkansas Supreme Court issued an order for a status report regarding the relevance of a conventionally filed physical disk submitted as an exhibit even though it contained no files. The parties jointly advocated remanding the case. The Arkansas Supreme Court expresses its responsibility to scrutinize the record for errors in cases resulting in life-imprisonment sentences. Remanded to settle the record.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: September 28, 2023, Case #: CR-23-1, Categories: murder, sentencing, Due Process