156 results for 'judge:"Moore"'.
[Modified.] J. Moore alters one sentence in a murder case opinion with no change in judgment. The DNA evidence collected from the scene of a 1980 rape and murder, along with the opinion of the investigator that defendant was the likely killer, provided a New Mexico court with a reasonable basis for a warrant to search his trash. Also, the state's closing argument gave an accurate description of the burden of proof, so counsel was not ineffective for deciding not to lodge an objection. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: June 2, 2023, Case #: G061393, Categories: Dna, Murder, Search
J. Moore affirms the jury trial conviction and sentence of the defendant for being an armed habitual criminal. He knowingly possessed a Smith & Wesson .40 caliber pistol, after having previously been convicted of felony drug offenses. The gun was found under the driver’s seat of a vehicle the defendant had been driving for hours while drinking. The gun was only accessible to the driver. The evidence, including DNA evidence from the grip of the gun linked to the defendant, was sufficient beyond a reasonable doubt to sustain the conviction on appeal. Additionally, the defendant’s actions in refusing police commands to exit the vehicle and failing to keep his hands out of the window show “consciousness of guilt.” Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: June 2, 2023, Case #: 220047, Categories: Evidence, Firearms, Vehicle
J. Moore finds that the trial court properly considered trial transcripts and applied the reasonable doubt standard to conclude that defendant is ineligible for postconviction relief on a felony murder conviction. Substantial evidence shows he is guilty of felony under current law. He was a major participant in the underlying felony of home invasion burglary and he acted with reckless indifference. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: May 31, 2023, Case #: G060218, Categories: Burglary, Criminal Procedure, Murder
J. Moore finds that the lower court improperly found for the injured plaintiff in a motor vehicle negligence suit after barring admission of impeachment evidence and testimony regarding her medical expert. Plaintiff relied heavily on the expert's testimony during closing arguments, so the failure to allow a full cross-examination of the expert was prejudicial to the defendant's case. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: May 26, 2023, Case #: 220289, Categories: Vehicle, Negligence, Experts
J. Moore reverses the court of appeals' finding that the once-convicted person was exonerated for the purposes of exoneration compensation. The convicted person has not presented "evidence of factual innocence," since the overturn of her second-degree manslaughter conviction was premised on a legal, rather than a factual, issue. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 24, 2023, Case #: A20-1098, Categories: Manslaughter, Due Process
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