1,653 results for 'cat:"Sentencing"'.
J. Buller finds that defendant was properly denied relief from the conviction imposed upon his guilty plea to child endangerment resulting in death for abusing and starving his 16-year-old adopted child. Defendant contends he did not understand the plea agreement, but counsel clearly explained the mandatory minimum component. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: April 24, 2024, Case #: 23-1331, Categories: sentencing, Child Victims
J. Wilkin finds that the trial court properly admitted testimony about the juvenile court's findings of sexual abuse by defendant. The state's witness explained the difference between those findings and the underlying trial, while the court also emphasized in its jury instructions the jury alone would determine defendant's guilt. Meanwhile, the trial court erroneously imposed a prison sentence and community control sanction because Ohio law allows for only one of the punishments; therefore, the case will be remanded for the sole purpose of allowing the court to vacate its no-contact order. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 23, 2024, Case #: 2024-Ohio-1616, Categories: Jury, sentencing, Sex Offender
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J. Welch finds the trial court properly convicted defendant, by no-contest plea, for possession of a firearm by a prohibited person, sentencing him to 6 to 8 years in prison. After responding to an early morning report of gunshots, officers found a bullet in the flat tire of a vehicle involved in the altercation. The gun connected to the bullet was later found in defendant's girlfriend's vehicle during a traffic stop. All sentencing factors were properly considered, including defendant's criminal record and claims of posttraumatic stress disorder. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 23, 2024, Case #: A-23-817, Categories: Evidence, Firearms, sentencing
J. Cabranes finds that the district court properly held that defendant's three-year term of supervised release for firearms possession began when imprisonment ended, not upon release from federal custody. Defendant had been transferred to New York custody on state charges of attempted murder, the conviction of which was vacated based on procedural error, and he was eventually freed when charges were dismissed on retrial. Defendant sought release from probation after spending four years in pretrial detention, but precedent holds that "imprisonment" ends when federal supervised release begins. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: April 23, 2024, Case #: 23-6394-cr, Categories: Probation, sentencing
Per curiam, defendant's appeal is denied. Defendant was convicted on two counts of arson and one count of possessing a firebomb associated with his role attempting to burn the district attorney's garage and firebomb the district attorney’s home. He was sentenced to 35 years confinement followed by 15 years extended supervision for the arson convictions, and a consecutive two-year sentence followed by three years extended supervision for the firebomb conviction. Defendant argues his sentence should be modified since he assisted law enforcement in the prosecution of a fellow inmate, but the lower court found that it did not constitute a new factor, and is therefore not eligible for sentence modification. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Per curiam, Filed On: April 23, 2024, Case #: 2022AP002094-CR, Categories: sentencing, Arson
J. Yegan finds that defendant's bid for resentencing on a provocative act murder conviction failed because it is still a valid theory of murder. The legislature had the opportunity but chose not to eliminate provocative act murder when it eliminated the natural and probable consequences theory of murder. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: April 23, 2024, Case #: B323640, Categories: Murder, sentencing
J. Lee finds that the lower court improperly sentenced defendant to 150 months in prison after applying two sentencing enhancements. The record does not support a finding that defendant used his home for the primary purpose of making meth, so this enhancement was improperly applied. The enhancement for his role as a supervisor of the conspiracy is supported by the evidence. Vacated.
Court: 7th Circuit, Judge: Lee, Filed On: April 22, 2024, Case #: 22-3015, Categories: Drug Offender, sentencing
J. Easter finds the lower court improperly dismissed defendant’s motion for a new trial. Defendant was convicted on multiple drug-related offenses, including the sale and delivery of cocaine within 1,000 feet of a school, and received an effective 33 year sentence. The Governor of Tennessee subsequently partially granted defendant executive clemency, his sentences for the sale and delivery of cocaine within 1,000 feet of a school were commuted and he immediately became eligible for parole on those counts. The lower court found defendant ineligible for resentencing based on his commutation order and dismissed the pending motion for new trial. The instant court finds defendant was denied his day in court for his motion for resentencing and the lower court should have continued with the scheduled evidentiary hearing. The matter is remanded for a hearing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: April 22, 2024, Case #: E2023-00149-CCA-R3-CD, Categories: Drug Offender, sentencing, Due Process
J. Delaney finds that the trial court properly denied defendant's petition for resentencing on a manslaughter conviction. Statutory changes that ended imputed malice theories of murder came after he pleaded guilty, and his plea served as an admission that he directly aided and abetted murder, a still valid theory. Affirmed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: April 22, 2024, Case #: G062075, Categories: sentencing, Plea, Manslaughter
J. Reiber finds that the lower court improperly granted summary judgment to the state in this concurrent sentence for murder and sexual assault against a former convict, who had served the maximum sentence for his sex offense, but remained on parole. The Vermont Supreme Court concludes the summary judgment was inappropriate and remands for further proceedings regarding the unresolved legal and factual questions of the plaintiff’s parole and sex offense. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: April 19, 2024, Case #: 22-AP-274, Categories: Parole, sentencing, Sex Offender
J. Henderson upholds defendant's 120-month sentence for his conviction for conspiracy to distribute more than 280 grams of crack cocaine. Contrary to defendant's claim, the safety valve provision does not support his contention defense counsel should have argued he was eligible for sentencing without considering the statutory minimum. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 20-3083 , Categories: Drug Offender, Ineffective Assistance, sentencing
J. Hurwitz finds that the district court properly entered convictions and sentence for various offenses arising out of an assault on defendant's girlfriend. Sufficient evidence supported the convictions, sentences and sentence enhancements. Affirmed.
Court: 9th Circuit, Judge: Hurwitz, Filed On: April 19, 2024, Case #: 21-10230, Categories: sentencing, Assault
J. Hester vacates defendant's habitual offender adjudications and sentences after being found guilty on counts of firearm possession and obstruction of justice. Defendant's prior convictions for aggravated battery and aggravated criminal damage to property should not have been used "as both a predicate to the instant firearm offenses and a prior conviction for purposes of enhancing those same offenses under the habitual offender law." Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023KA1082, Categories: Firearms, sentencing
J. Henderson upholds a “political operative’s” felony convictions related to his $25,000 contribution to the Trump campaign on behalf of a Russian businessman who had actually paid him $100,000 to attend the fundraiser. The conviction is supported by sufficient evidence and he waived any criminal history objection he had during trial against his within-guidelines, 18-month sentence. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 23-3028 , Categories: Evidence, sentencing, Conspiracy
J. Bright finds the lower court properly denied defendant's motion to prevent dissemination of his status as a sex offender. Although he was found not guilty of sexual assault by reason of mental defect, his confinement in a psychiatric hospital is considered "jail or prison time" under the relevant statute, which renders him ineligible for relief. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 19, 2024, Case #: AC46150, Categories: sentencing, Sex Offender
Per curiam, the court of appeals finds that the appellate division properly enhanced defendant's sentence on grounds that he violated plea conditions prior to sentencing because sufficient inquiries had been made into misconduct he allegedly committed upon returning to jail, and defendant had a chance to dispute those findings. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 40, Categories: sentencing, Plea
J. Lee finds that the district court properly denied defendant's motion to suppress in a case in which defendant argued that a police officer violated the Fourth Amendment by asking about parole status during a traffic stop. Asking about parole status during a traffic stop does not offend the Fourth Amendment because the question reasonably relates to the officer’s safety. However, the matter is remanded in part so that the district court can correct the written judgment to conform it to the oral pronouncement of sentence. Affirmed in part.
Court: 9th Circuit, Judge: Lee, Filed On: April 18, 2024, Case #: 22-50045, Categories: Parole, Search, sentencing
J. Gregory finds the lower court improperly denied the defendant's appeal for compassionate release without fully considering each of his arguments. The defendant, serving a 210-month prison sentence for conspiracy to possess with intent to distribute heroin, petitioned the court for compassionate release on the grounds that there has been a change in the law regarding his career offender status. Virginia robbery no longer constitutes a violent felony under the Armed Career Criminal Act, invalidating his career offender guidelines designation. Vacated.
Court: 4th Circuit, Judge: Gregory , Filed On: April 18, 2024, Case #: 21-7325, Categories: Drug Offender, Robbery, sentencing
J. Hudson finds the circuit court properly denied defendant's petition for writ of mandamus seeking to withdraw his guilty plea for his conviction on a charge of attempting to furnish a prohibited article into a correctional facility. Separate from his murder, assault, burglary and kidnapping charges, defendant attempted to introduce a cell phone battery into his jail cell while awaiting trial. After a guilty plea conviction, the conviction and sentence cannot be modified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 18, 2024, Case #: CR-23-646, Categories: sentencing, Smuggling, Plea
J. Rowland finds the trial court properly convicted defendant for two counts of murder, sentencing him to death. Defendant became the prime suspect after a bank employee notified police of a series of transactions on the victim's debit card after her and her young son's deaths at their home. Defendant was identified by ATM photos and the testimony of the victim's sister, as well as testimony of multiple witnesses of preceding events. Even if the "knowingly creating a great risk of death" aggravator is invalid on certain counts, the remaining valid aggravating factor outweighs mitigating evidence and supports the sentence. The jury's finding the murder was especially heinous or cruel, as well as defendant's high risk for reoffending, is well supported. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: April 18, 2024, Case #: D-2019-542, Categories: Death Penalty, Murder, sentencing
Per curiam, the appellate division finds that the lower court properly dismissed an inmate's request to compel recalculation of two sentences to run concurrently. Defendant was serving time for a previous crime when he was sentenced as a second felony offender for a new crime, and thus the law required that the sentences run consecutively. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: CV-23-0814, Categories: sentencing