8 results for 'cat:"Sentencing" AND cat:"Restraining Order"'.
J. Goff finds that defendant was properly sentenced for violating a no-contact order because defendant sent letters to his victim while serving time for domestic battery. The trial court may not have exactly adhered to sentencing principles, but the court properly considered defendant's pattern of committing similar offenses. Affirmed.
Court: Indiana Supreme Court, Judge: Goff, Filed On: May 2, 2024, Case #: 24S-CR-150, Categories: sentencing, restraining Order
J. Pirtle finds the trial court properly convicted defendant for violating a protection order with a prior violation. After defendant was released from custody for a previous offense, he was again arrested for firearm possession by a prohibited person. During this period of incarceration, he used other inmate's accounts to contact the protected party, in violation of the order. The court clearly explained that defendant's prison sentence, to be run concurrently with that which he was already serving, was necessary. Evidence showed that he was likely to engage in additional criminal conduct if put on probation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 13, 2024, Case #: A-23-462, Categories: Evidence, sentencing, restraining Order
[Consolidated.] J. Wilkin finds the trial court made all required findings prior to ordering defendant's 11-month sentence for violation of a protective order be served consecutively to the sentence he was already serving. Furthermore, the failure by defendant's appellate counsel to obtain a copy of his presentence investigative report did not violate his constitutional rights because Ohio law requires access to the report, but does not mandate the court provide a copy. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: December 11, 2023, Case #: 2023-Ohio-4582, Categories: Constitution, sentencing, restraining Order
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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Doyle finds that the trial court properly convicted defendant of aggravated assault, burglary, elder abuse, aggravated stalking, false imprisonment, battery and other offenses. The trial court correctly denied defendant's motion to dismiss the aggravated stalking charge for stalking the victim at the marital home. A court order had previously granted the victim exclusive use of the home and directed defendant not to come within 500 yards of it. However, the trial court incorrectly sentenced defendant because the battery charge against him should have merged with the elder abuse charge. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0072, Categories: sentencing, Assault, restraining Order
J. Crone finds that consecutive sentences were improperly imposed upon defendant's conviction on 10 counts of invasion of privacy because letters he wrote the victim in violation of a no-contract order had not been threatening in nature. Thus, total jail time should be reduced from 3,000 to 300 days. Reversed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: May 25, 2023, Case #: 22A-CR-2276, Categories: sentencing, Threats, restraining Order