8 results for 'cat:"Evidence" AND cat:"Murder" AND cat:"Identification"'.
J. Smith finds that defendant was properly convicted of murder and that his objections regarding the admission of certain evidence are without merit. The disputed testimony about a jail telephone call made by defendant in which he threatened an ex-girlfriend was relevant since it showed his knowledge about what had happened to the victim and also rebutted his theory that a different perpetrator murdered the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 18, 2024, Case #: 10-23-00146-CR, Categories: evidence, murder, identification
J. Greene finds that defendant was properly found guilty of second degree murder and given a life sentence for the shooting death of a victim at a community center where a party was taking place. The witness testimony, cell phone records and other evidence was sufficient to identify defendant as the perpetrator. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 23, 2024, Case #: 2023KA0781, Categories: evidence, murder, identification
J. Edelstein finds that while the testimony of the state's key witness contained some inconsistencies, including a claim he never touched any weapon used in defendant's crimes that was rebutted by DNA evidence found on a gun magazine, his identification of defendant as the shooter, both at trial and during a photo lineup, was sufficient to convict defendant of the majority of the shooting-related crimes with which he was charged. However, the grainy surveillance footage of the third shooting - the sole physical evidence presented by the prosecution - and the same witness's identification of defendant by his gait was insufficient to prove defendant committed that particular crime and all convictions related to it must be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: January 11, 2024, Case #: 2024-Ohio-92, Categories: evidence, murder, identification
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J. Welbaum finds that while there were some inconsistencies between the identification witness's testimony at trial and what she told police at the scene of the crime, her familiarity with defendant rendered her identification reliable, especially considering she identified his picture without being prompted by police and recognized his voice at the scene of the crime. Meanwhile, the identification evidence, which also included details about defendant's clothing and glasses on the night of the murder, and his decision to barricade himself in his girlfriend's home for over two hours when police arrived to arrest him, was sufficient to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: September 15, 2023, Case #: 2023-Ohio-2376, Categories: evidence, murder, identification
J. Duhart finds the trial court properly denied defendant's motion to exclude identification evidence made through the use of a photo array during his murder trial. Although he was the only individual pictured with a unibrow and with a photo taken in front of a white background, the backgrounds of the other images are all different colors, all of the individuals' hairstyles are different, and there is nothing unduly suggestive about the array. Meanwhile, the trial court properly excluded a statement from the mother of a deceased individual who allegedly claimed to be the shooter because the individual had already been investigated and denied any involvement until the admission to his mother more than a year later and immediately before his death; therefore, there was insufficient evidence to support the trustworthiness of the statement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: June 30, 2023, Case #: 2023-Ohio-2243, Categories: evidence, murder, identification
J. Welbaum finds a victim's statement to police he was shot by "Mont," a nickname used by defendant, and defendant's admission in a jail phone call he was at the address of the shooting immediately before it happened was sufficient to convict him of murder, even though the state provided no DNA evidence to link him to the murder weapon. Furthermore, the prosecution's mention of several items that were moved by police when they searched defendant's residence was not prosecutorial misconduct because the miscellaneous items were not integral to the case, while the police officer who moved them admitted as much during his testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: June 2, 2023, Case #: 2023-Ohio-1834, Categories: evidence, murder, identification