232 results for 'cat:"Murder" AND cat:"Sentencing"'.
J. Bendix finds that the trial court properly denied defendant's petition for resentencing on an attempted murder conviction because statutory changes were not applicable. However, his conviction for the murder of his robbery accomplice under the provocative act doctrine may have improperly been based on imputed malice stemming solely from his participation in the robbery and must be revisited for an evidentiary hearing. Reversed in part.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: September 27, 2023, Case #: B323940, Categories: murder, Robbery, sentencing
J. Streeter finds that the trial court properly denied defendant's petition for resentencing for second degree murder after relying on preliminary hearing testimony that established he was the actual shooter. The testimony was admissible because a sentencing court may consider any evidence previously admitted in any prior hearing. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: September 27, 2023, Case #: A165093, Categories: Confrontation, murder, sentencing
J. Moor finds that the trial court was right to deny defendant's petition for resentencing on two murder convictions and one for attempted murder. He is ineligible for resentencing based on changes in statute because he was convicted based on a guilty plea as the sole defendant and actual killer.
Court: California Courts Of Appeal, Judge: Moor, Filed On: September 25, 2023, Case #: B323408, Categories: murder, sentencing
J. Stevens finds that the lower court properly denied defendant’s Post Conviction Relief Act appeal challenging his sentencing for the murder of an elderly woman in her home after his girlfriend stole money from the woman’s debit card. Defendant failed to demonstrate that the outcome of the trial would have differed if the duct tape used to cover the woman’s mouth, nose and eyes was tested for DNA evidence. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 22, 2023, Case #: J-S28043-23, Categories: Evidence, murder, sentencing
J. Hudson finds that the trial court properly convicted defendant for murder. Any cumulative effect of errors did not deprive defendant of a fair trial. The charge of concealing stolen property is dismissed due to insufficient evidence. The sentence for meth possession is modified from 10 years in prison to 5 years. Affirmed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: September 21, 2023, Case #: 2023 OK CR 15, Categories: murder, sentencing, Weapons
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J. Dato finds that defendant failed to make a prima facie case for resentencing on a first degree murder conviction. He could still be convicted despite changes to statute made since his conviction. And his allegation that the jury received an erroneous instruction that used now-disallowed "equally guilty" language could have been raised in his previous direct appeal. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: September 21, 2023, Case #: D080779, Categories: murder, sentencing, Jury Instructions
J. Kern finds that the circuit court properly sentenced defendant to life in prison without parole. Defendant, while a no-contact order was in place and armed with a handgun, forced his way into the home where his wife was staying with her ninety-year-old grandmother. When the grandmother attmepted to call police, defendant fatally shot her in the face. Defendant argued his sentence violated the Eighth Amendment. Affirmed.
Court: 9th Circuit, Judge: Kern, Filed On: September 20, 2023, Case #: 2023SD51, Categories: murder, sentencing, Restraining Order
J. Smith finds that the trial court properly sentenced defendant to two consecutive life sentences for two murders he committed as a juvenile. Defendant is eligible for parole after 25 years, which constitutes a "meaningful opportunity" to be considered for release during his natural life. Affirmed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: September 15, 2023, Case #: 2D22-866, Categories: Juvenile Law, murder, sentencing
Per curiam, the Florida Supreme Court finds that the trial court properly denied defendant's appeal from his murder conviction because defendant failed to demonstrate alleged conditions of autism and post traumatic stress disorder had not been previously diagnosed. Affirmed.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: September 14, 2023, Case #: SC2023-0015, Categories: murder, sentencing
J. Ohlson finds the United States Army Court of Criminal Appeals properly affirmed defendant’s conviction on 13 specifications of premeditated murder and 32 specifications of attempted premeditated murder. Defendant worked as an Army psychiatrist and entered a crowded building on the military base where he worked and opened fire on its occupants with a semiautomatic handgun, killing 13 people and wounding 31 others. Because defendant received a death sentence, it is before the instant court for mandatory review. Defendant seeks to reverse the findings and sentence, but the instant court finds he is not entitled to relief. Affirmed.
Court: Court of Appeals for the Armed Forces, Judge: Ohlson, Filed On: September 6, 2023, Case #: 20-0193, Categories: murder, sentencing
J. Robie finds that the trial court properly relied on the record, forgoing live testimony, before denying defendant's petition for resentencing for second degree murder. She received adequate due process during the resentencing hearing, which was held to the reasonable doubt standard. Her participation in the hearing was voluntary and the hearing did not determine guilt or carry a risk of additional punishment. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: August 31, 2023, Case #: C093672, Categories: murder, sentencing, Due Process
J. Moore affirms the district court's determination that the petitioner was entitled to a substantive sentencing hearing to determine whether his modified sentences of life in prison with possibility of release should be served consecutively or concurrently. Whether or not the district court had the authority to order such a hearing, the unique circumstances in this case, where the petitioner's co-defendant has already had his sentences clarified as running concurrently rather than consecutively in light of a series of higher court decisions, warrant the use of the Supreme Court's supervisory powers to direct the district court to hold such a hearing.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: August 30, 2023, Case #: A22-0192, Categories: Criminal Procedure, murder, sentencing
J. Gruender finds a lower court properly sentenced two defendants to life in prison after they were found guilty of conspiracy to commit witness tampering that resulted in death. The defendants, who are cousins and regularly sold meth, argued that their sentences are unreasonable and that they are entitled to acquittal. However, the government presented sufficient evidence in court that the defendants shot to death a confidential informant who agreed to testify against them while working with law enforcement. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: August 30, 2023, Case #: 22-2044, Categories: murder, sentencing, Witnesses
J. Rogers finds the trial court properly denied defendant's motion for a three-level sentencing guideline reduction because the reduction - granted in cases where members of the conspiracy do not complete all the acts necessary to achieve their goal - is applicable only when a criminal offense is not covered by a specific guideline. Therefore, because defendant's convictions were expressly covered by the conspiracy to commit murder sentencing guidelines, he was properly denied the reduction. Affirmed.
Court: 6th Circuit, Judge: Rogers, Filed On: August 28, 2023, Case #: 21-4106, Categories: murder, sentencing, Conspiracy
J. Warren finds that the trial court properly convicted defendant of offenses including felony murder based on possession of a firearm by a first-offender probationer. Under the modified merger rule, the trial court correctly refused to merge defendant's felony murder count into the verdict for voluntary manslaughter as a lesser offense of malice murder. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: August 21, 2023, Case #: S23A0607, Categories: murder, sentencing
J. Kellum finds that the lower court properly convicted defendant of murder and sentenced him as a habitual felony offender to life imprisonment without parole. Defendant argues there was error in the denial of his motions to remove certain jurors for cause, but any error was harmless, as he used his peremptory strikes to remove the two jurors. Additionally, there was no error in his sentence under the Habitual Felony Offender Act. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: August 18, 2023, Case #: CR-2022-0789, Categories: Jury, murder, sentencing
J. Lyle finds the trial court improperly denied defendant’s petition for relief from his indeterminate sentence of 200 to 600 years. His petition for relief was first made when he was 18 and on trial for the murder of a police officer during a street altercation. Defendant is now 65; the record shows that the sentencing judge did not consider later-changed youthful offender factors in determining the sentence. The appeals court notes that the sentencing court could not have predicted the future of sentencing standards for youthful offenders. Reversed and remanded.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: August 18, 2023, Case #: 1-21-1241, Categories: murder, sentencing, Due Process
J. Minor finds that the lower court properly resentenced defendant to life imprisonment without parole following a capital murder conviction. Defendant, who was under the age of 18 at the time of the crime, fails to show that the lower court abused its discretion in assessing his statements of remorse. He is also due no relief as to the victim-impact evidence or his argument that the sentence is "unconstitutionally disproportionate." Additionally, the sentence of life imprisonment without parole is not "disproportionate when compared to other cases." Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: August 18, 2023, Case #: CR-20-0654, Categories: Juvenile Law, murder, sentencing
J. LaRose finds that the trial court properly convicted defendant of murdering his girlfriend and daughter and attempted murder of his son because evidence and testimony supported the conviction and defendant received a fair, error-free trial. Affirmed.
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: August 18, 2023, Case #: 2D21-2460, Categories: murder, sentencing
J. Duarte finds that defendant's peremptory challenge to a trial court judge assigned to hear her resentencing request was untimely. Trial court proceedings reevaluating her request for resentencing that were held following a previous remand from this court were not a new trial since her murder and robbery charges were not refiled and her jury trial and double jeopardy protections were not involved.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: August 15, 2023, Case #: C097144, Categories: Criminal Procedure, murder, sentencing
Per curiam, the appellate division finds that the lower court properly held that defendant's prior murder sentence had to run consecutive to a subsequent sentence for burglary, possession of a weapon, and attempted assault while on parole because defendant had been designated a second violent felony offender for the crimes committed on parole. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: CV-23-0053, Categories: murder, Parole, sentencing
J. Gregory finds the lower court properly denied the defendant's motion to dismiss his life sentence for hiring a friend to kill his mistress's husband. The defendant argues that recent Supreme Court decisions mean his predicate offenses, aiding and abetting carjacking resulting in death and murder with a firearm in relation to a crime of violence, no longer qualify as crimes of violence. Aiding and abetting a carjacking resulting in death remains a crime of violence under either the law's force or elements clause. Affirmed.
Court: 4th Circuit, Judge: Gregory, Filed On: August 10, 2023, Case #: 21-7171, Categories: murder, sentencing, Conspiracy
J. Humes finds that the trial court must revisit a resentencing request that was made by a previous district attorney and withdrawn by his replacement. Defendant is serving consecutive life sentences for attempted murder and other counts. A trial court has the discretion to end a resentencing proceeding where a district attorney provides a legitimate basis for withdrawal, but the trial court is not required to rule on the merits before allowing a request to be withdrawn. Vacated.
Court: California Courts Of Appeal, Judge: Humes, Filed On: August 4, 2023, Case #: A165925, Categories: murder, sentencing, Due Process
J. Wilson finds the lower court properly dismissed defendant’s petition for writ of habeas corpus. Defendant was found guilty of two counts of attempted first-degree murder and received an effective 47-year sentence. Defendant argues the trial court lacked subject matter jurisdiction, and that his convictions were void under the State’s improper notice of enhanced punishment. But the instant court finds defendant’s claims are without merit as his assertions would not void the judgments even if found to be true. The lower court did not abuse its discretion and defendant is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 3, 2023, Case #: M2022-00857-CCA-R3-HC, Categories: Habeas, murder, sentencing
J. Ayers finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of second degree murder, attempted second degree murder, attempted voluntary manslaughter, using a firearm during the commission of a dangerous felony, and possession of a firearm where alcoholic beverages are served. Defendant was an off-duty deputy who shot two men during an altercation in the parking lot of a karaoke bar, killing one of them and injuring the other. He received an effective 26-year sentence to be served in the Department of Correction. Defendant has not established the necessary requirements to support his argument of plain error. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: August 1, 2023, Case #: W2023-00141-CCA-R3-CD, Categories: Fair Trial, murder, sentencing