16 results for 'cat:"Assault" AND cat:"Kidnapping"'.
J. Klappenbach finds the trial court properly convicted defendant for aggravated robbery, kidnapping, aggravated assault, theft and firearm possession by a felon based on sufficient evidence. The victim testified defendant hit her, shoved the barrel of a gun into her mouth, transferred her to a different location, stole her ring, cell phone and money, all in an attempt to force her to hand over a friend's cremated ashes. The court impliedly granted defendant's request to sever offenses and bifurcate the trials for each count, though the same jury convicted on the offenses. Defendant's argument regarding the alleged denial of his opportunity to interview jurors is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 1, 2024, Case #: CR-23-585, Categories: Jury, assault, kidnapping
J. Rickman finds that the trial court properly convicted defendant of criminal attempt to commit kidnapping but incorrectly convicted defendant of criminal attempt to entice a child for indecent purposes and simple assault. Defendant tried to lure the victim into his car by falsely claiming that her father wanted defendant to pick her up. Although the trial court correctly denied defendant's motion for a directed verdict on the attempted kidnapping offense, there was no evidence that defendant was motivated by an act of indecency or child molestation. The evidence was also insufficient to support defendant's assault conviction. Reversed in part.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 12, 2024, Case #: A23A1683, Categories: assault, kidnapping, Child Victims
J. Jabar finds that the lower court properly convicted defendant of kidnapping with a dangerous weapon, aggravated assault and other charges. Contrary to defendant's argument on appeal, the evidence sufficiently supports the conviction. The events at issue were recorded on a video surveillance system at defendant's home, and the recordings were admitted at trial. The lower court could have concluded that defendant "restrained the victim for a substantial period." Also, he allegedly disconnected a truck battery to keep the victim from leaving. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: December 14, 2023, Case #: 2023ME74, Categories: assault, Domestic Violence, kidnapping
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J. Groban finds the court of appeals improperly upheld the lower court's mid-range sentence for defendant, who was convicted for false imprisonment of his girlfriend by violence, while on a meth-fueled, delusional tirade that included punching and kicking her, as well as spraying her with pepper spray and glass cleaner. While defendant's appeal was pending, the legislature enacted a bill requiring courts to enter a lower term when a psychological, physical, or childhood trauma contributed to the offense, and the record does not clearly indicate the lower court would have imposed the same sentence had it been aware of the scope of its discretionary powers under the current bill. Reversed.
Court: California Supreme Court, Judge: Groban , Filed On: November 20, 2023, Case #: S275788, Categories: Sentencing, assault, kidnapping
J. Hoyle finds the trial court properly convicted and sentenced defendant for aggravated kidnapping and assault causing severe bodily injury. Defendant filed a motion alleging entitlement to a new trial because the “Arresting/Investigating Department” possessed additional Brady evidence that was not disclosed, and because he had a “meritorious defense as to the range of punishment.” A guiding case and applicable threshold test support the 20-year sentence. Defendant has established no grounds for relief and is not entitled to a hearing on his motion for new trial. There is no abuse of discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: October 6, 2023, Case #: 12-23-00107-CR, Categories: assault, kidnapping, Due Process
J. Todd finds that the superior court properly held that a trial court lacks jurisdiction to correct a patent and obvious error in a sentencing order when when the correction request was filed outside the time limitations of the Post Conviction Relief Act. The time limitations bar the trial court from correcting the error. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: September 28, 2023, Case #: J-19-2023, Categories: Sentencing, assault, kidnapping
J. Ceresia that the lower court properly convicted defendant of rape and attempted kidnapping and sentenced him with the terms of his plea agreement to 25 years in prison. Defendant had two psychiatric evaluations that found he did not lack a capacity to assist in his own defense and understood the proceedings. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: September 28, 2023, Case #: 113325, Categories: Sentencing, assault, kidnapping
J. Trapp finds the trial court properly denied defendant's motion for acquittal on kidnapping, assault and other charges, all of which were supported by sufficient evidence, including testimony from the victim and defendant's own admission he took the victim's car keys to prevent her from leaving his home. Meanwhile, even though witnesses provided conflicting testimony and the victim contradicted herself at times during cross-examination, the jury was in the best position to determine witness credibility and did not clearly lose its way when it convicted defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: September 5, 2023, Case #: 2023-Ohio-3122, Categories: Evidence, assault, kidnapping
J. Hoyle finds the trial court properly convicted defendant for aggravated robbery and kidnapping, assault of a pregnant person and unlawful possession of a firearm, sentencing him to life in prison. The victim, his ex-girlfriend, testified that after church defendant prevented her from leaving his presence, that he was drinking and that he asked to use her van. He brandished a gun when she refused, so she gave him the keys. Upon his return, defendant examined the victim’s genitals for signs of sexual activity. She fled to a pizzeria where employees hid her in the freezer. Defendant was arrested when a passing police officer witnessed people fleeing from the pizzeria. Evidence at trial showed that defendant committed aggravated robbery by taking the van at gunpoint. He then held the victim captive, punched her, bit her face and jumped on her stomach. When she escaped, he ran into a store filled with customers and employees, attempting to drag the victim out at gunpoint. While released on bond, defendant broke into the victim’s house and stabbed her while her young children ran for help. All evidence supports conviction and the sentence is not unconstitutionally disproportionate. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: September 1, 2023, Case #: 12-22-00227-CR, Categories: Firearms, assault, kidnapping
J. Lorello finds that the trial court was within its discretion to sentence defendant to 10 years for first degree kidnapping and and a consecutive five years for aggravated assault. Though older and lacking a criminal past, he did not demonstrate remorse or control over his violent impulses, and without police intervention he planned to harm the victim further. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: August 29, 2023, Case #: 49883, Categories: Sentencing, assault, kidnapping
J. Smith finds that the lower court improperly in part convicted defendant of rape and kidnapping. An element of the jury instructions were incorrectly given, as the state contended that defendant committed two acts of rape but did not require the jury to agree to which act supported the overall conviction. While defendant's claims of double jeopardy are without merit, his rape and kidnapping convictions are vacated and the matter is remanded for further proceedings. His robbery conviction requires resentencing as well. Vacated in part.
Court: Washington Court Of Appeals, Judge: Smith, Filed On: August 21, 2023, Case #: 83773-7-I, Categories: Sex Offender, assault, kidnapping
J. Bernstein finds the trial court improperly convicted defendant for kidnapping, assault and criminal sexual conduct. The court imposed a restriction on peremptory challenges to jurors during selection, and defendant’s counsel objected to this. The Court of Appeals held that the objection was subject to review for harmless error and that defendant had not established the prejudice necessary for relief. The erroneous denial of a peremptory challenge is subject to automatic reversal when the error is preserved, and no curative action is taken. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Bernstein, Filed On: July 14, 2023, Case #: 161513, Categories: Sex Offender, assault, kidnapping
J. Markle finds that the trial court properly convicted defendant of kidnapping with bodily injury, rape, robbery by force, aggravated assault and obstructing officers. The trial court correctly admitted evidence of a prior strangling allegation against defendant because the evidence was relevant to show defendant's intent. The probative value of the evidence outweighed any undue prejudice to defendant. The trial court did not commit any error in allowing the state to introduce evidence of defendant's refusal to consent to a cheek swab. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 27, 2023, Case #: A23A0259, Categories: Sex Offender, assault, kidnapping
J. Danilson finds that defendant was properly convicted of second-degree kidnapping after confining his girlfriend to his car because defendant refused to stop his vehicle and physically prevented the victim from leaving his car before assaulting her. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: May 24, 2023, Case #: 22-0103, Categories: assault, kidnapping