10 results for 'cat:"Burglary" AND cat:"Jury"'.
J. Pagan finds the trial court erred by giving a jury instruction on defense of premises regarding the alleged victim’s actions when defendant was claiming self-defense against someone who used force against him. “The parties disputed the facts that would have made defendant’s self-defense claim viable, and a jury instruction that highlighted the alleged victim’s state of mind” detracted from the jury’s consideration of defendant’s state of mind. Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 24, 2024, Case #: A177313, Categories: burglary, Assault, jury Instructions
J. Baltodano finds that the trial court improperly denied defendant's objection to the peremptory challenge that removed an apparently Hispanic juror from his burglary trial. The state claimed the juror lacked life experience, but cited specific reasons in support of the claim that are presumptively invalid. Demeanor-based reasons are now presumptively invalid, the state failed to show the prospective juror had limited community ties, and the record does not indicate she did not understand the questions she was asked. Reversed.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: April 5, 2024, Case #: B325200, Categories: burglary, jury
J. D'Auria finds that under this court's precedent in State v. Arroyo, defendant cannot make a legal challenge to the inconsistent verdicts rendered by the jury in his trial on home invasion and burglary charges. Any such claim must be made before the trial court immediately upon the conclusion of the trial. Meanwhile, the trial court properly denied defendant's motion for a mistrial following a 25-day delay during jury deliberations after he was exposed to and contracted Covid-19. Although the delay increased the likelihood of jurors forgetting each side's arguments or rushing to a verdict, there was no other reasonable alternative during the pandemic. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: March 13, 2024, Case #: SC20688, Categories: burglary, Criminal Procedure, jury
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. Dannehy finds the trial court was not required to include the crimes defendant intended to commit when he broke into his brother's residence in its jury instruction on defendant's first-degree burglary charge. Although such a list is preferred, the instructions in this case accurately recited the elements of the burglary charge and made it clear the jury was required to find defendant intended to commit other crimes upon entry into the residence. Affirmed.
Court: Connecticut Supreme Court, Judge: Dannehy, Filed On: January 30, 2024, Case #: SC20721, Categories: burglary, jury Instructions
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J. Stabile finds that the lower court properly sentenced defendant to 10 to 20 years’ imprisonment for burglary after reversing a declared mistrial based on the jury’s verdict not being unanimous, according to a poll requested by defendant that was conducted after the jury had been released. Defendant’s right to poll the jury expired upon dispersal of the jury. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: November 29, 2023, Case #: J-A19025-23, Categories: burglary, jury, Sentencing
J. Emfinger finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of burglary of a dwelling and conspiracy to commit burglary of a dwelling for his role in entering a home, stealing a laptop computer and taking beer from the refrigerator. Evidence is sufficient to support his convictions and sentence of 20 years for the burglary conviction with 15 years to serve, five suspended, five years of post-release supervision, and five years for the conspiracy conviction. While defendant argues the jury was not instructed on possible lesser offenses, the instant court finds that even if it were an error, it would not have impacted the trial outcome, as the evidence of defendant’s guilt was overwhelming. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: November 14, 2023, Case #: 2022-KA-00598-COA, Categories: burglary, Fair Trial, jury Instructions
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. Land finds that the trial court properly convicted defendant of armed robbery, false imprisonment, aggravated assault, burglary, cruelty to children and firearm offenses arising out of a home invasion. The trial court correctly denied defendant's motion for a mistrial after the state's timeline and work product inadvertently went back with the jury during deliberations for about 90 minutes. The trial court gave the jury a limiting instruction directing them not to consider the timeline during deliberations. The small amount of extra-judicial information on the timeline was non-prejudicial. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 26, 2023, Case #: A23A1078, Categories: burglary, jury, Robbery