9 results for 'cat:"Criminal Procedure" AND cat:"Murder" AND cat:"Sentencing"'.
J. McCool finds that the lower court properly convicted defendant for murder, attempted murder and discharging a firearm into an unoccupied vehicle. On appeal, defendant contends that the lower court erred when it denied his motion for acquittal. The court notes that his arguments regarding eyewitness testimony go to the “weight of the evidence, not its sufficiency.” The case must still be remanded, however, to address a sentencing error. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0278, Categories: criminal Procedure, murder, sentencing
J. Poochigian finds that the trial court improperly redesignated defendant's murder conviction as a burglary conviction in response to his resentencing petition, and must redesignate it as an attempted robbery conviction. Robbery, not burglary, was the underlying felony of his felony-murder conviction. Reversed
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: February 26, 2024, Case #: F086065, Categories: criminal Procedure, murder, sentencing
[Consolidated.] J. Donohue finds that the superior court improperly reversed a lower court’s denial of defendant’s Post Conviction Relief Act petition for relief alleging that her counsel was ineffective at the trial for her murder of her newborn who she suffocated by placing in plastic bags. The decision ignored the lower court’s credibility determinations. Vacated.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: November 24, 2023, Case #: J-35A-2023, Categories: criminal Procedure, murder, sentencing
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. Moore affirms the district court's determination that the petitioner was entitled to a substantive sentencing hearing to determine whether his modified sentences of life in prison with possibility of release should be served consecutively or concurrently. Whether or not the district court had the authority to order such a hearing, the unique circumstances in this case, where the petitioner's co-defendant has already had his sentences clarified as running concurrently rather than consecutively in light of a series of higher court decisions, warrant the use of the Supreme Court's supervisory powers to direct the district court to hold such a hearing.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: August 30, 2023, Case #: A22-0192, Categories: criminal Procedure, murder, sentencing
J. Duarte finds that defendant's peremptory challenge to a trial court judge assigned to hear her resentencing request was untimely. Trial court proceedings reevaluating her request for resentencing that were held following a previous remand from this court were not a new trial since her murder and robbery charges were not refiled and her jury trial and double jeopardy protections were not involved.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: August 15, 2023, Case #: C097144, Categories: criminal Procedure, murder, sentencing