745 results for 'cat:"Assault"'.
J. McHaney finds that the lower court properly convicted defendant of home invasion and aggravated battery. The state sufficiently proved that defendant, the victim's ex-husband, was not authorized to enter the home when he came in with a baseball bat and attacked his ex-wife and her new boyfriend. The jury was in the best position to judge the credibility of the witnesses on this issue. Affirmed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: May 8, 2024, Case #: 220296, Categories: assault, Trespass
J. Arterburn finds the county court properly entered the modified domestic abuse protection order. The wife filed a petition to obtain the protection order for her and her minor child, alleging several incidents involving property destruction and threats of physical violence. It is undisputed the husband threw drinks on the floor and at his wife, ripped her underwear off her body, shoved her and threatened to punch her. The husband presented no evidence to show cause why the protection order should not remain in effect. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: May 7, 2024, Case #: A-23-772, Categories: Evidence, Restraining Order, assault
J. Palafox finds a lower court did not err in convicting defendant of assault with a deadly weapon against someone with whom he’d had a dating relationship. Defendant argued the court had not adequately considered his self-defense argument that the woman had tried to run him over with a car, but the jury was “free to disbelieve” this “conflicting” explanation.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 6, 2024, Case #: 08-23-00238-CR, Categories: Evidence, assault
J. Zimmerman finds inconsistencies in testimony provided by the victim and several eyewitnesses did not render defendant's assault conviction against the weight of the evidence. Although he claimed to have acted in self-defense when he stabbed the victim nine times, he admitted to voluntarily engaging in a fight with the victim, while there was no evidence to suggest he was in serious danger. Furthermore, the trial court was not required to give a provocation instruction to the jury because there was no evidence in the record to indicate defendant acted out of a "sudden fit of passion" following a dispute with the victim. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 6, 2024, Case #: 2024-Ohio-1750, Categories: assault, Weapons, Self Defense
Per curiam, the Oklahoma Supreme Court approves the Joseph Dewayne Kalka's resignation. Kalka pleaded guilty to charges of domestic abuse by attempted strangulation of his wife and striking her head, face and body. The attorney's resignation affidavit was freely and voluntarily entered, with full awareness of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: SCBD-7576, Categories: Administrative Law, assault, Attorney Discipline
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Per curiam, the appellate division finds that the lower court properly convicted defendant of assault and strangulation. The court did not deny defendant his right to a speedy trial since the time periods in question were excluded as a reasonable time in which the state could respond to defendant's filings. The evidence also supported the finding that defendant was the initial aggressor and that prior uncharged acts of domestic abuse were relevant to prove motive and intent. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02379, Categories: assault, Domestic Violence, Speedy Trial
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault, but should only have convicted on one charge. The evidence, including testimony from a police officer, shows that he spat on an elderly victim and punched him in the face. Also, his ineffective assistance of counsel claim fails because the record does not permit review of it. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02381, Categories: Ineffective Assistance, assault
J. Jones finds the prosecutor's comments to the jury during opening statements about common experiences across victims of domestic violence did not constitute misconduct. They did not represent expert testimony, but were anchored to the evidence the state intended to present in its case. Meanwhile, even though the victim did not answer calls made by defendant from an unlisted number, the calls alone were sufficient to convict defendant of stalking after they were traced to the jail at which he was being housed because they violated a protection order obtained by the victim. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 2, 2024, Case #: 2024COA45, Categories: Prosecutorial Misconduct, assault, Harassment
J. Fox finds that the lower court properly convicted defendant of murder and assault. Defendant claims that the lower court improperly failed to instruct the jury on a mental illness defense, but defendant did not bring forward any real evidence that showed he met the criteria for such a defense. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: May 2, 2024, Case #: S-23-0154, Categories: Murder, assault, Jury Instructions
J. McEvers finds that the district court properly determined an individual is a vexatious litigant. The matter stems from the individual's attempts to reopen a matter involving criminal trespass and simple assault. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 2, 2024, Case #: 2024ND86, Categories: assault, Trespass
[Consolidated.] J. Ceresia finds that the lower court improperly convicted defendant of assault, use of a firearm, and weapon possession as an accomplice to a street shooting and robbery. Defendant may have been present in the chaotic altercation that preceded the shooting, but he had not been captured striking the victim on the head or taking a handgun on the surveillance video. Defendant drove a vehicle that pursued the victim after the shooting and stopped as directed so someone else could rob the victim, but evidence did not indicate defendant shared a "community of purpose" with the assailants. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: May 2, 2024, Case #: 113207, Categories: Firearms, assault, Accomplice Liability
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. Smith finds that despite defendant's claim he did not open his knife before he threw it at the moving vehicle being driven by the victim, his murder and assault convictions were supported by sufficient evidence and the state proved intent by introducing testimony from a hotel employee that he and the victim had argued before she drove away, as well as surveillance footage that showed him throwing the knife. The issue of whether defendant opened the knife consciously prior to throwing it was irrelevant because his decision to throw the object clearly proved an intent to cause harm, while his initial denial of throwing anything also weighed against his credibility as a witness. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: May 1, 2024, Case #: 2024-Ohio-1680, Categories: Evidence, Murder, assault
J. Winokur finds that the circuit court properly denied defendant a writ of mandamus seeking another parole interview and consideration of a reduced sentence for aggravated assault because the commission has discretion to decide when to hold parole interviews, and defendant did not have a legal right to an interview. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: May 1, 2024, Case #: 1D2023-0798, Categories: Parole, assault, Due Process
J. LaGrua finds that the trial court properly convicted defendant of murder, aggravated assault and firearm offenses. The trial court correctly refused to instruct the jury on voluntary manslaughter because the evidence did not support the charge. Sufficient evidence was presented to support defendant's aggravated assault and firearm possession convictions and to allow the jury to find that defendant was involved in a second shooting. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: April 30, 2024, Case #: S24A0352, Categories: Ineffective Assistance, Murder, assault
J. Wadsworth finds a prosecutor improperly misrepresented blood and witness evidence during closing arguments against defendant, who was accused of the unprovoked stabbing of a teen girl. The prosecutor may have unduly influenced the jury by conflating defendant with a person seen washing blood off, as it was not established in testimony that the person seen was defendant. The prosecutor also alluded to stains on his shirt as being blood, though no evidence submitted indicated the stains were blood. However, evidence of the victim’s identification of the defendant as the person who stabbed her should not be suppressed, as nothing about her statements were influenced by police or compromised her ability to identify him. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Wadsworth, Filed On: April 30, 2024, Case #: CAAP-22-464, Categories: Prosecutorial Misconduct, assault, Jury Instructions
J. Russell finds that the lower court properly convicted defendant of assault after admitting a surveillance video into evidence. The video was on a motion-sensor system, so it did not record continuously through the incident, but only in 30-second clips, which partially captured the incident. The rule of completeness does not apply to this evidence because there was no greater whole video of which the 30-second clips were a part. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: April 30, 2024, Case #: SC100188, Categories: Evidence, assault
J. Ransom finds that the lower court properly convicted defendant of fourth-degree assault after defendant had his initial appearance and arraignment without appointed counsel. Defendant fails to make any specific argument as to how the lack of counsel at these hearing prejudiced him. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100325, Categories: Criminal Procedure, assault
J. Gustafson finds that the trial court erred in sentencing defendant to life for aggravated assault based on a a persistent felony offender designation. Defendant's record supported the designation but he was only declared a persistent violent offender when he was sentenced, and was not on notice of a potential enhanced penalty when he stabbed a fellow inmate with a broken pen. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 30, 2024, Case #: DA 22-0364, Categories: Sentencing, assault
J. Young grants the city of Richmond's motion to dismiss. A group of three young women carpooled to a police brutality protest in the Summer of 2020. After the protest began escalating the trio attempted to leave but their car was stuck in standstill traffic. As they waited behind cars, protesters and police one of the three girls shouted "fuck twelve" to a group of officers. Unable to move due to the traffic the trio were stuck as a pair of officers approached their vehicle and spewed large quantities of pepper spray into the vehicles open window severely burning the women. The city is barred from the claims because they specifically tell their officers to never use pepper spray when the victim is trapped in a car.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: April 30, 2024, Case #: 3:23cv737, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Immunity, assault, Police Misconduct
J. Soto finds a lower court did not err in finding defendant guilty of assault with a deadly weapon. Defendant argued the court erred by allowing testimony on his previous domestic violence incidents, but those previous incidents were part of a pattern of violence and therefore relevant, as they “provided the jury with an explanation” for his actions “other than self-defense.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 30, 2024, Case #: 08-23-00232-CR, Categories: Evidence, Fair Trial, assault
J. Ransom finds that the lower court properly convicted defendant of assault and armed criminal action after failing to appoint counsel at her initial appearance and excluding certain evidence of the victim's violence behavior during trial. Defendant was not entitled to counsel at an initial appearance, and the court reasonably allowed only two of six accounts of the victim's alleged violent character to support defendant's claim that the victim started the fight. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100303, Categories: Evidence, Ineffective Assistance, assault
J. Witt finds that the lower court properly denied defendant's post-conviction motion alleging his counsel was ineffective for failing to request a self-defense instruction. The jury reasonably found defendant was the initial aggressor in the altercation, and was therefore not entitled to use deadly force to defend himself. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: April 30, 2024, Case #: WD86050, Categories: assault, Domestic Violence, Self Defense
J. Blake affirms the denial of the defendant’s motion for a new trial. The defendant failed to meet her burden to prove there was no good reason for the in-court identification procedure, where a man who witnessed her assault another woman and who had also seen pictures of the defendant before the crime occurred, identified her as the person he saw commit assault. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: April 26, 2024, Case #: 22-P-550, Categories: assault, Battery, Witnesses
J. Abele finds that while three eyewitnesses failed to mention defendant as one of the victim's two assailants when police initially interviewed them, their statements at trial, all of which indicated defendant had beaten the victim who later died of his injuries, were sufficient to convict him of assault. The jury was in the best position to determine their credibility and the testimony was bolstered by photos of defendant's swollen and injured hands. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 25, 2024, Case #: 2024-Ohio-1673, Categories: Evidence, assault