232 results for 'cat:"Murder" AND cat:"Sentencing"'.
J. Raggi finds that the district court improperly sentenced defendant for his conviction on robbery counts that included murder of a robbery victim. Precedent now holds that rather than mandating consecutive sentences, concurrent sentences may be considered for murder counts. Thus, remand is necessary for the limited purpose of resentencing on the murder charge and to separately sentence defendant for his firearms conviction. Defendant's other claims on appeal lack merit.
Court: 2nd Circuit, Judge: Raggi, Filed On: May 15, 2024, Case #: 21-1379, Categories: murder, Robbery, sentencing
J. Hazelrigg finds that the lower court properly sentenced defendant for murder. Defendant claims that during sentencing, the judge did not fully consider his intellectual disability as a factor for his sentencing range, but evidence on the record shows the lower court did in fact take that factor into account before passing the sentence. The matter is remanded, however, to strike legal financial obligations imposed against him. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: May 13, 2024, Case #: 84570-5-I, Categories: murder, sentencing
J. Oden Johnson finds that the lower court properly dismissed defendant's postconviction motion challenging his murder conviction and sentence. Defendant was not prejudiced by a joint trial with his co-defendant, even if co-defendant was the one who wielded the gun during the crime. Further, defendant's 38-year sentence was not excessive, and would not qualify as a life sentence even if he had been a juvenile at the time of the crime. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 10, 2024, Case #: 221748, Categories: murder, sentencing
J. Birkett finds that the lower court properly convicted defendant of home invasion on top of his murder conviction and sentenced him to 48 years for murder and 25 for home invasion. The evidence sufficiently showed that defendant entered the house with criminal intent, as he had a known dispute with the victim's brother, brought a BB gun and entered in the wee hours of the morning when everyone would be asleep. The lack of forced entry is explained by the fact that the victim arose earlier than usual to prepare for her day. Further, the court reasonably considered defendant's youth, mental health and substance abuse issues when passing sentence. Affirmed.
Court: Illinois Appellate Court, Judge: Birkett, Filed On: May 10, 2024, Case #: 230056, Categories: murder, sentencing
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J. Landau finds that the trial court properly admitted extraneous offense evidence during the guilt phase of defendant's murder trial. Evidence that defendant assaulted the murder victim's teenage son a few months before the murder had significant probative value that was not outweighed by the risk of unfair prejudice to defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 9, 2024, Case #: 01-23-00173-CR, Categories: Evidence, murder, sentencing
J. Yun finds the lower court properly dismissed defendant's gross disproportionality challenge to his 48-year prison sentence. The second-degree murder charge to which he pleaded guilty following the fatal drunk driving crash is a per se serious offense, while the physical and emotional damage inflicted on both the victims and their families warranted the maximum sentence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 9, 2024, Case #: 2024COA49, Categories: murder, sentencing, Vehicular Homicide
J. Ortega finds the Board of Parole and Post-Prison Supervision properly declined to “sum and/or unsum” defendant's consecutive prison terms for aggravated murder and first-degree robbery when calculating his projected parole release date. One of defendant's two prison terms is for aggravated murder, so the board lacks authority to “sum” his consecutive prison terms.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 8, 2024, Case #: A177386, Categories: murder, Parole, sentencing
J. Egerton finds that the trial court properly admitted defendant's confession before denying his petition for resentencing on murder, robbery and burglary convictions. He forfeited his claim that his confession was involuntary by failing to raise in at trial, and resentencing hearings, which have a narrow purpose, are not the place to litigate evidentiary issues for the first time. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: May 3, 2024, Case #: B324572, Categories: Evidence, murder, sentencing
J. Cetrulo finds that defendant was properly denied an additional hearing for parole from the 99-year sentence imposed upon his 1987 murder conviction because his prior parole request had been denied, and he had been directed to serve the remainder of his sentence, rendering him ineligible for future parole under KRS 439.3403(2)(b). Affirmed.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: May 3, 2024, Case #: 2023-CA-0835-MR, Categories: murder, Parole, sentencing
J. McCool finds that the lower court properly convicted defendant for murder, attempted murder and discharging a firearm into an unoccupied vehicle. On appeal, defendant contends that the lower court erred when it denied his motion for acquittal. The court notes that his arguments regarding eyewitness testimony go to the “weight of the evidence, not its sufficiency.” The case must still be remanded, however, to address a sentencing error. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0278, Categories: Criminal Procedure, murder, sentencing
J. Dato finds that defendant is ineligible for resentencing for conspiring to commit murder and attempted murder for luring her ex-husband to a remote location where her lover shot him. The attempted murder count was based on an intent to kill, not a natural and probable consequences theory. The conspiracy to commit murder jury instruction required a finding that she agreed with her lover's intention to kill, so it was not based on imputed malice. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: May 2, 2024, Case #: D080941, Categories: murder, sentencing
J. Liu holds that the appeals court erred in limiting the resentencing authority of a trial court that had stricken a firearm enhancement. A trial court may impose a lesser included, uncharged enhancement that is supported by findings, even if the enhancement is from somewhere in the penal code other than the firearm enhancement statute. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: April 29, 2024, Case #: S275940, Categories: Firearms, murder, sentencing
J. Swiney finds the lower court properly dismissed defendant’s petition for writ of mandamus on grounds that it lacked subject matter jurisdiction. Defendant was convicted of first degree murder and attempted first degree murder, and sentenced to life imprisonment. He filed his petition with a chancery court, asking for the judgment to be expunged, as it was not properly endorsed with the date received. Though defendant argues he filed the petition for the court to compel the clerk of the criminal court to expunge what he claims is an illegal sentence, the lower court found that he was effectively challenging the legality of his sentence, which is outside the authority of the trial court; the instant court agrees. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 26, 2024, Case #: M2023-01016-COA-R3-CV, Categories: murder, sentencing, Jurisdiction
J. Standridge finds a lower court properly convicted and sentenced a defendant for first- degree felony murder, aggravated kidnapping, and aggravated battery. The defendant, who serves a hard 25 life sentence and consecutive 13 months in prison, argued that the lower court erred in allowing the State to submit alternative means of aggravated kidnapping, and that evidence of was insufficient to support his conviction. However, the State presented sufficient evidence in court that "taking or confining" does not support alternative means of kidnapping or aggravated kidnapping. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: April 26, 2024, Case #: 125685, Categories: murder, sentencing, Kidnapping
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. 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
J. Kelsey grants the defendant's habeas petition and order his early release. A law passed in Virginia's legislature amended the earned-sentence credit program. Under the new early-release program, prisoners with qualifying convictions are eligible to receive credits at a higher rate of up to 15 days of credit for every 30 days served. The amendment specifically excludes those with murder convictions but not attempted murder convictions.
Court: Virginia Supreme Court, Judge: Kelsey , Filed On: April 18, 2024, Case #: 230514, Categories: Habeas, murder, sentencing
[Modified.] J. Streeter makes three changes to a previously published opinion with no change in judgment. The lower court properly denied defendant’s petition for relief. Defendant was convicted of first-degree murder and attempted robbery and sentenced to 50 years to life. He was granted a resentencing hearing after a lower court found he was denied counsel, and though the same errors were repeated during the resentencing hearing, the instant court finds them harmless. Evidence is sufficient to support defendant’s convictions and sentence, along with associated enhancements. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 17, 2024, Case #: A166001, Categories: murder, sentencing, Self Representation
J. Staab finds that defendant, who was convicted of killing one student and seriously injuring three others at Freeman High School, must be resentenced. Defendant was 15 years old at the time of the crime and was sentenced to 40 years to life in prison. However, because defendant was under the age of 16 at the time of the shooting, he should have been sentenced to 25 years to life. Vacated.
Court: Washington Court Of Appeals, Judge: Staab, Filed On: April 16, 2024, Case #: 39185-0-III, Categories: murder, sentencing
J. Colvin finds that the trial court properly convicted defendant of murder, aggravated battery, violating the Street Gang Terrorism and Prevention Act and other offenses. Any error the trial court committed in barring defendant from making a closing argument about the sentences his co-defendants avoided by pleading guilty was harmless in light of the overwhelming evidence of defendant's guilt. Defendant admitted to stabbing the victim and another witness testified that defendant told her he shot the victim. The trial court correctly overruled defendant's objection that the prosecutor personally attacked his counsel during closing arguments in saying that the defense's theory of the case insulted the victim's memory. However, the trial court incorrectly failed to merge some of the counts against defendant for sentencing. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: April 16, 2024, Case #: S24A0125, Categories: murder, sentencing, Gangs
J. Stevens affirms the trial court’s defendant's guilty plea conviction for murder and jury-imposed life sentence. The trial judge properly denied defendant’s request for a change of venue. He unsuccessfully argued he could not get a fair trial in the small county, citing comments by 95 people on earlier Facebook posts by the parents of the victim. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 12, 2024, Case #: 06-23-142, Categories: Jury, murder, sentencing
J. Shanker vacates the lower court's denial of a parolee's motion to reduce his life sentence, received for the murder of a 14-year-old, under the Incarceration Reduction Amendment Act. His release from prison did not render him ineligible for a reduction, and the trial court failed to show whether it considered the interests of justice or his dangerousness. Vacated.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 11, 2024, Case #: 22-CO-0342 , Categories: murder, sentencing