8 results for 'casenum:"56"'.
J. Van Cleef affirms the trial court’s defendant's 65-year sentence for his aggravated sexual assault of a child conviction, dismissing the undisputed yet harmless argument the sentencing judge did not orally inform him he faced anywhere from 5 years to life behind bars or that he would be required to register as a sex offender. Both admonishments were included in plea documents signed by defendant and defense counsel. Texas prosecutors agreed not to ask the court to sentence him to more than 40 years confinement. However, defendant was advised the judge was not bound by any agreement between the state and defendant, according to transcripts of the sentencing proceedings. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 15, 2024, Case #: 6-23-56, Categories: Sentencing, Sex Offender, Child Victims
J. Gale finds that the petitioner is not entitled to innocent spouse relief, because her testimony lacked merit and she had “considerable income and assets, knowledge and participation” in the items “giving rise to the understatement.”
Court: U.S. Tax Court, Judge: Gale, Filed On: May 13, 2024, Case #: 2024-56, Categories: Tax
Per curiam, the appellate division finds that attorney Paul Gruner should be censured for professional misconduct that included mishandling two client escrow accounts. A confidential order established other similar violations in August 2023, making him guilty of six rule violations in total. Although Gruner self-certified that he is now fully retired and will not resume practice, public discipline was deemed appropriate.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: PM-56-24, Categories: Attorney Discipline
J. Sabatino finds that the appellate division improperly convicted defendant of drug-impaired driving based on the testimony of a drug recognition expert because the expert examination contained some risk of confirmation bias and thus should not have been used as a per se test of guilt.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: November 15, 2023, Case #: A-56-18, Categories: Dui, Experts
J. Brearcliffe finds a lower court properly dismissed a defendant's motion for a new trial concerning his aggravated domestic violence conviction. The defendant argued that the State was not entitled to present police body cam footage of his victim's demeanor following the assault. However, the State presented sufficient evidence that the court lacks jurisdiction to hear the claims before the final judgment or conviction. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Brearcliffe, Filed On: September 29, 2023, Case #: 2 CA-CR 2022-56, Categories: Evidence, Fair Trial, Domestic Violence
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J. Suttrell vacates a civil jury award against the nephew of a deceased uncle in the amount of $1,560,909 in favor of his aunt’s estate on the claim the younger man conspired to illegally convert his uncle’s inheritance. The trial justice erred by permitting a witness, a notary, to testify at trial despite knowing in advance that she would invoke her Fifth Amendment privilege. Her potentially explosive assertion of her Fifth Amendment privilege impermissibly tipped the scales in favor of the aunt’s estate and against the nephew by allowing the jury to draw adverse inferences against him for the possible criminal conduct of the notary. Vacated and remanded.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: June 22, 2023, Case #: 21-56, Categories: Constitution, Jury, Privilege
J. Eckerstrom finds a lower court improperly convicted and sentenced defendant for second-degree murder, aggravated assault with a deadly weapon, and discharging a firearm at a residence. The state argued that defendant was not entitled to suppress statements he made during a custodial interrogation. However, defendant presented sufficient evidence in court that he submitted an immediate confession based on unlawfully obtained DNA evidence. Remanded.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: June 1, 2023, Case #: 2CA-CR 2021-56, Categories: Dna, Murder, Self Incrimination