39 results for 'cat:"Burglary" AND cat:"Evidence"'.
J. Hudson finds the trial court properly convicted defendant for capital murder, aggravated residential burglary, robbery and theft. Defendant was arrested after DNA evidence showed he was involved in an apartment break-in and murder. The court properly denied defendant's motion to exclude officer testimony involving fresh blood drops she saw that dried before being taken as evidence. Defendant thoroughly impeached the witness, and the jury was free to determine the weight held by the officer's testimony. The testimony was properly admitted, as the officer's opinion was based on her experience as a crime-scene specialist. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: May 9, 2024, Case #: CR-23-710, Categories: burglary, evidence, Murder
J. Marcel finds that defendant was properly convicted of eight counts of simple burglary of an inhabited dwelling, theft, and aggravated flight from an officer. In this case, there was testimony from an accomplice that he committed the burglaries with defendant. Further, items from two of the burgled homes were found in defendant's home. Also, there was surveillance footage that connected a truck stolen by defendant to several of the burglaries. Multiple witnesses testified that defendant drove at excessive speeds while disregarding stop signs as he fled from an officer with his lights activated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: May 8, 2024, Case #: 22-KA-373, Categories: burglary, evidence, Theft
J. McMullen finds the lower court properly dismissed defendant’s pro se petition for writ of error coram nobis. Defendant was convicted of aggravated burglary, aggravated robbery and employing a firearm during the commission of a dangerous felony for his role in detaining a victim and taking items from the victim’s apartment. Defendant received an effective sentence of life without parole. Defendant filed his petition five years after the finalization of his convictions and sentence, far beyond the one-year statute of limitations, and it was dismissed accordingly. Defendant argues the statute of limitations should be tolled as he claims discovery of new evidence, but the instant court finds the newly discovered evidence, an affidavit, is from someone known at the time of trial that the defense never called as a witness, and would not have affected the outcome of the trial. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: April 22, 2024, Case #: M2023-00858-CCA-R3-ECN , Categories: burglary, evidence, Robbery
J. Marcotte finds that defendant was properly convicted of attempted second-degree murder, aggravated burglary, and attempted armed robbery. There was evidence from the victims who knew defendant from previously hiring him that identified him as the attacker. Further, defendant confessed that thought he killed someone that night, and that the attempted murder victim's DNA was found on defendant's belongings, including a weapon. The victim suffered multiple stab wounds, both eyes were destroyed and both ears were punctured, resulting in the victim being blinded, sustaining brain damage, and being unable to find work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: April 10, 2024, Case #: 55,514-KA, Categories: burglary, evidence, Murder
J. Cox finds that defendant was properly sentenced to simple burglary of an inhabited dwelling. In this case, defendant was identified in a photo lineup by the victim as the person who knocked items off the bathroom window while trying to enter the house, and there was surveillance video showing defendant walking across the victim's driveway. Further, although defendant did not fully enter the house, his upper body crossed the threshold when he tried to enter through the window. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: February 28, 2024, Case #: 55,579-KA, Categories: burglary, evidence
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. Gravois finds that defendant was properly convicted of aggravated burglary. There was testimony from a witness that he drove defendant and his accomplices to the house that was burglarized and that they entered wearing knit caps and gloves and with guns. There was surveillance video showing defendant hiding under the carport after the burglary, and defendant's DNA was found on a discarded knit cap. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: February 28, 2024, Case #: 19-KA-77, Categories: burglary, evidence
J. Easter finds the lower court properly convicted defendant of burglary, attempted first degree murder, and resisting arrest, for stabbing an officer during the course of defendant’s arrest after he attempted to break into a locked city hall building. Defendant argued that because the Assistant District Attorney had represented him in previous defense work, it created a conflict of interest, but the lower court found there to be none since defendant did not testify and his prior convictions were not discussed at trial. The instant court agrees and finds sufficient evidence was presented to support defendant’s conviction and effective sentence of 41 years incarceration. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: February 22, 2024, Case #: M2023-00260-CCA-R3-CD, Categories: burglary, evidence, Murder
J. Powers finds the trial court erred in denying defendant’s motion for acquittal on a burglary charge. “The state failed to adduce sufficient evidence to prove that he knew or believed that the person who invited him into the motel room lacked authority to do so.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: February 22, 2024, Case #: A176643, Categories: burglary, evidence
J. Barrett finds the trial court properly convicted defendant for burglary, drug possession and related charges. Police received a report of a home break-in and arrived at the scene to discover a shop, vehicle and home had been broken into and ransacked. A game camera showed defendant and his accomplices committing the break-in, all of whom were later identified when defendant was stopped for driving with a suspended license. A search of the vehicle yielded meth and a pipe. Accomplices testified to defendant's having stolen items from the victim's home. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 14, 2024, Case #: CR-23-449, Categories: burglary, Drug Offender, evidence
J. Trapp finds defendant's fair trial rights were not violated when the trial court denied his motion for a mistrial after two jurors discussed the case during a bathroom break. The snippets of conversation heard by a court employee did not involve any specific facts of the case and, following an instruction from the court, no further instances of misconduct occurred. Meanwhile, the evidence was sufficient to convict defendant of aggravated burglary despite his claims he was invited into the victim's home. That testimony was directly contradicted by the victim, and as this court must view such conflicts in favor of the prosecution, his convictions will be upheld. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: February 12, 2024, Case #: 2024-Ohio-512, Categories: burglary, evidence, Jury
J. Abele finds the trial court properly granted defendant's motion to suppress statements made to police after her arrest. Although her unprompted statement, "I fucked up," may have been incriminating, it did not prevent the application of Miranda considering the officers who interviewed her proceeded to ask specific questions about the burglary for which she was eventually charged. Additionally, although there was a gap between the pre- and post-Miranda sections of the interview, the similar lines of questioning and short duration of the gap rendered the questioning a single interview and allowed the trial court to suppress it in its entirety. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: February 8, 2024, Case #: 2024-Ohio-547, Categories: burglary, evidence, Miranda
J. Erickson finds a lower court improperly denied a defendant's motion to suppress evidence concerning charges of being a prohibited person in possession of a firearm. The government argued that the lower court properly applied the Leon good faith exception when calculating his 37 month prison sentence, and that he was not entitled to relief based on multiple burglaries of vacant buildings and locked construction containers, which he broke in using specific burglary tools. However, the defendant presented sufficient evidence in court that a warrant obtained by authorities failed to establish probable cause to search his home, and that it may have been based on "suspicion" of burglary and theft. Vacated.
Court: 8th Circuit, Judge: Erickson , Filed On: December 14, 2023, Case #: 22-3352, Categories: burglary, evidence, Theft
J. Jacquot finds the trial court properly denied defendant’s motions for a judgment of acquittal (MJOA) on charges of first-degree burglary and aggravated first-degree theft. “A rational jury could reasonably infer from the facts and circumstantial evidence that defendant participated in the crimes and entered the victim’s house while doing so.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: December 13, 2023, Case #: A177141, Categories: burglary, evidence, Theft
J. Johnson finds the trial court properly convicted defendant for burglary of a habitation. Fingerprints lifted at the scene matched defendant's, and all other evidence supports the conviction. Though the location of the burglary was an uninhabited garage apartment where the homeowners stored belongings while they temporarily lived elsewhere during the restoration of their house, the apartment was habitable, meeting the statutory definition of habitation. Defendant was not entitled to the lesser-included instruction on burglary of a building. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-22-00112-CR, Categories: burglary, evidence
J. Chehardy finds that defendant was properly convicted of aggravated kidnapping and aggravated burglary. Defendant was not denied his right to face his accuser when he was prohibited from calling one of the victims, who is elderly and was suffering from health issues, to testify because the other victim testified and identified defendant as the perpetrator. Further, the state presented physical evidence such as gloves, defendant’s cellphone, and shoes that linked defendant as the person who exited the victims’ vehicle at the bank and ran after holding the victims at gunpoint. Also, defendant's motion to suppress his statement was properly denied because, despite being sixteen at the time of the statement, his mother was present, and the Juvenile Rights form was explained to him and his mother. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 29, 2023, Case #: 23-KA-161, Categories: burglary, evidence, Kidnapping
J. Malone finds a lower court improperly dismissed a defendant's illegal sentence claims against the state. The state argued that the defendant, who was convicted on charges of aggravated burglary, kidnapping, and repeatedly stabbing his victim, is not entitled post trial motion for ineffective representation. However, the defendant presented sufficient evidence in court that he was denied "conflict- free counsel." Vacated.
Court: Kansas Courts Of Appeal, Judge: Malone, Filed On: November 22, 2023, Case #: 124,725, Categories: burglary, evidence, Kidnapping
J. Moore finds the district court properly denied defendant's motion for postconviction relief. Defendant, privy to the fact that the Burger King where his sister worked was having a problem with its security system, burglarized the restaurant and was identified by his sister's recognition of his bushy eyebrows on security video. Furthermore, defendant's ineffective assistance claim fails, as his wife's claim that he was in Colorado during the burglary could have resulted in perjury charges and the decision not to call her was a reasonable strategy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: November 21, 2023, Case #: A-22-965, Categories: burglary, evidence, Ineffective Assistance
J. Worthen finds the trial court properly convicted defendant for burglary of a habitation. Defendant, the daughter of the homeowner, who had been civilly evicted by her parents for issues arising from drug addiction, was found in her parents' home without permission and had a container of Chinese food that did not belong to her. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: November 8, 2023, Case #: 12-23-00104-CR, Categories: burglary, evidence
J. Greer finds that defendant was properly convicted of burglary after illegally entering his sister's home because even though the home contained some of defendant's belongings, he did not have permission to enter the home and he was not on good terms with his sister. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: November 8, 2023, Case #: 22-1635, Categories: burglary, evidence
J. Gwin finds the trial court erroneously denied defendant's motion to suppress her Google search history. The law enforcement official who applied for the search warrant lacked the necessary expertise to establish probable cause for the search or explain the exact location of the data that would provide a link between defendant and the crime. However, because the evidence of the search, including results for "how to rinse off mace," was not instrumental in the jury's verdict, which was supported by eyewitness testimony and other evidence, the error was harmless and defendant's conviction will be upheld. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: October 17, 2023, Case #: 2023-Ohio-3781, Categories: burglary, evidence, Search
J. Webb finds the trial court properly convicted defendant for aggravated residential burglary, attempted murder, battery, breaking or entering, theft of a firearm and criminal impersonation of an FBI officer. Extensive evidence, including police body cam video and victim and police testimony, shows that defendant and an accomplice robbed a farmhouse and shot the owner in the neck. The jury was properly instructed on the use of certain transcripts. No prosecutorial misconduct is found as regards the alleged failure to disclose the publicly available guilty plea of the accomplice. Defendant was properly sentenced to terms amounting to over life in prison as a habitual offender with multiple enhancements. The Arkansas Supreme Court grants counsel’s motion to withdraw. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: October 12, 2023, Case #: CR-23-22, Categories: burglary, evidence, Battery
J. Carlton finds the lower court properly convicted defendant of burglary for stealing equipment from a shed at the Hattiesburg Department of Public Works, and sentenced him to seven years in the custody of the Mississippi Department of Corrections. Defendant argues the jury should have been instructed on the lesser-included offense of larceny, but the instant court makes clear that larceny is a lesser-nonincluded offense, and defendants are no longer entitled to those instructions.The instant court finds no error in the lower court's findings. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: October 10, 2023, Case #: 2022-KA-01118-COA, Categories: burglary, evidence, Jury Instructions
J. Ayers finds the lower court properly convicted defendant of aggravated burglary for entering a family’s home without permission while they were at a Thanksgiving dinner. Though he rifled through the contents of several rooms of the house, defendant argues no evidence was presented to show he entered the home with the intent to burglarize. Evidence is sufficient to support his conviction and 10-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: September 29, 2023, Case #: E2022-01558-CCA-R3-CD, Categories: burglary, evidence
J. Robinson finds that defendant was properly convicted of aggravated burglary. Although defendant claimed that he did not brandish the knife or mention the knife to the victim, defendant had the knife on his person when the victim awoke to find him in his bedroom in the middle of the night. Under statute, a burglar only needs to have a dangerous weapon in his possession in order to be considered "armed." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: September 27, 2023, Case #: 55,311-KA, Categories: burglary, evidence
J. Luckert finds a lower court properly convicted a defendant on charges of attempted aggravated burglary. The defendant argued that the State failed to provide sufficient evidence in court that he intentionally entered a residence that was occupied. However, a text message discovered by authorities that he sent his girlfriend stated: "I just got my phone back, babe. I lost it running from the cops. Someone seen me...and I almost got caught breaking in." Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: August 4, 2023, Case #: 122,660, Categories: burglary, evidence
J. Worthen finds the trial court properly convicted defendant for burglary of a habitation. A neighbor of the victim observed the burglary in progress and later identified the perpetrators from a photographic lineup. The disputed portion of the prosecutor’s argument regarding the difference between a “habitation” and a “building” as posed by defendant on the basis that the structure did not have electricity was based on a reasonable and fair inference drawn from the totality of facts in evidence, including the victim’s testimony that his electric meter had been tampered with. Nothing suggests that the state offered the argument in bad faith. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: July 31, 2023, Case #: 12-22-00174-CR, Categories: burglary, evidence
J. Egan finds that the lower court properly convicted defendant based on his guilty plea to burglary as a participant in a home invasion. Extended court commentary at sentencing included a victim's "intemperate and inappropriate" out-of-court statements, but defendant's confrontation rights had not been violated and he received the sentence expected under the guilty plea. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: July 27, 2023, Case #: 112158, Categories: burglary, Confrontation, evidence
J. Miller finds the trial court properly revoked defendant's probation and sentenced him to 25 years in prison for violating his probation in part by committing armed burglary and lewd exhibition and associating with a person engaged in criminal activity. Although defendant correctly notes that his probation was revoked in part based on hearsay evidence, that hearsay evidence was sufficiently backed up by other evidence from the police, the burglary victim and defendant's own admissions. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: July 26, 2023, Case #: 22-0703, Categories: burglary, evidence, Probation
J. Johnson finds that the trial court properly convicted defendant for the burglary of a vehicle. Security video from a vehicle adjacent to the victim's shows defendant clearly taking tools from the victim's vehicle. Though defendant pleaded "not guilty," the judgment states that he pleaded guilty and is reformed to correct the clerical error. Affirmed as reformed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 26, 2023, Case #: 09-22-00128-CR, Categories: burglary, evidence