30 results for 'cat:"Criminal Procedure" AND cat:"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. Waples finds that the trial court's $5,000 bond was improperly imposed as a condition of the defendant’s release after he had made direct threats to kill witnesses and police. He was originally given a $130 cash bail or surety. The bond is struck because he has a record of appearing before the court and lacks financial resources; the matter is remanded to reset bond at a reasonable amount. Reversed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: April 16, 2024, Case #: 24-AP-090, Categories: criminal Procedure, assault, Bail
J. Dwyer finds that the lower court properly corrected a clerical mistake on a sentencing document regarding defendant's assault conviction. The lower court has the legal authority to correct documents to reflect the terms of the sentence that the court intended to pass down, and the record shows that is exactly what the lower court did by fixing some unintentional errors in the document's wording. Affirmed.
Court: Washington Court Of Appeals, Judge: Dwyer, Filed On: April 15, 2024, Case #: 84814-3-I, Categories: criminal Procedure, assault
J. Griffiths finds that an amendment of form and not of substance had been made to an indictment during trial and thus was permissible. Meanwhile, a prosecutor's improper statements did not constitute plain error under "Wainwright," and the statements did not warrant reversal under "Hunter" since they were not persistent through multiple trials.
Court: Delaware Supreme Court, Judge: Griffiths, Filed On: April 8, 2024, Case #: 232, 2023, Categories: criminal Procedure, Prosecutorial Misconduct, assault
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[Modified.] J. Franson modifies the wording of a previously published opinion and denies a rehearing with no change in judgment. The trial court properly denied defendant's claim that he is entitled to sentencing relief based on his misunderstanding of potential immigration consequences of his conviction for assault with a firearm. The evidence supports his claim that he did not understand the potential immigration consequences when convicted, but he is ineligible for relief because no evidence shows he lacked an understanding years later when he was convicted for a DUI or when probation revocation proceedings were held. However, he may pursue a new motion based on arguments that his initial failure to understand potential immigration consequences was prejudicial. Vacated in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: April 8, 2024, Case #: F084751, Categories: criminal Procedure, Immigration, assault
J. Bourliot finds that the trial court erred in revoking defendant's community supervision on an assault charge for failure to pay monthly supervision fees. The state failed to prove defendant's ability to pay the fees as required when it was the sole ground in support of revocation. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: March 28, 2024, Case #: 14-22-00631-CR, Categories: criminal Procedure, assault
J. Franson finds that the trial court properly denied defendant's claim that he is entitled to sentencing relief based on his misunderstanding of potential immigration consequences of his conviction for assault with a firearm. The evidence supports his claim that he did not understand the potential immigration consequences when convicted, but he is ineligible for relief because no evidence shows he lacked an understanding years later when he was convicted for a DUI or when probation revocation proceedings were held. However, he may pursue a new motion based on arguments that his initial failure to understand potential immigration consequences was prejudicial. Vacated in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: March 15, 2024, Case #: F084751, Categories: criminal Procedure, Immigration, assault
J. Greenwood finds that the trial court properly denied defendant’s Marsden motion after he was convicted of numerous sexual assault and violent charges, including rape of an unconscious person, forcible oral copulation, criminal threatening, felony false imprisonment and more. He also argues the court erred when it denied striking or removing challenged material, but the court had the authority to properly accept the material. Affirmed in part. Vacated in part.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: February 21, 2024, Case #: H049430, Categories: criminal Procedure, Evidence, assault
Per curiam, the court of appeals finds that the trial court properly sentenced a man when he was found guilty of throwing or shooting a deadly missile. The trial court’s written judgment contains a scrivener’s error, however, so there should be a correction: from the man “pleading” guilty to the man “was found” guilty. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 4D2022-3150, Categories: criminal Procedure, assault
Per curiam, the court of criminal appeals finds that the lower court properly revoked defendant's probation as to the offense of second-degree assault, "for violating the terms of probation." Defendant does not challenge the sentence imposed on the second-degree assault conviction, though he correctly points out that the split sentence on his first-degree assault conviction was illegal. Accordingly, the revocation order based on that offense is void. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: February 9, 2024, Case #: CR-2023-0112, Categories: criminal Procedure, Probation, assault
J. Sulek finds that scrivener's errors in defendant's indictment on assault charges did not render the indictments defective or violate her constitutional rights. The entries still contained all necessary language and properly informed her of the charges that stemmed from her high-speed chase with police. Meanwhile, the fact defendant led officers on a chase for several miles and crashed at least three times before she was apprehended proved her intent to cause physical harm, regardless of the nature of the injuries sustained by any of the police officers. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: January 19, 2024, Case #: 2024-Ohio-186, Categories: criminal Procedure, Evidence, assault
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules concerning a yard fight in which another inmate suffered face injuries because hearing testimony and the detailed incident report established the inmate used a net bag containing a rock to assault the other inmate. However, charges of possessing a weapon and contraband should be dismissed as moot. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: CV-22-2168, Categories: criminal Procedure, assault, Prisoners' Rights
J. Perry finds that defendant was properly convicted of counts including aggravated assault with a firearm and second degree battery stemming from an attack on his girlfriend. There was no error in the denial of defendant's motion for new trial since he did not show a violation of his right to assistance of counsel. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: December 6, 2023, Case #: KA-23-334, Categories: criminal Procedure, assault, Battery
J. Gomez finds that while misdemeanor convictions involving domestic violence are typically excluded from being sealed under Colorado law, the lower court erroneously failed to conduct a full analysis of defendant's request because under some circumstances, such convictions can be sealed. Therefore, the case will be remanded to allow the court to determine whether the passage of time since the offense, defendant's threat to the general public, and the need for public disclosure of the record supports a denial of the motion. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: September 28, 2023, Case #: 2023COA86, Categories: criminal Procedure, assault, Domestic Violence
J. Groves finds the trial court properly denied defendant's motion to sever weapons and drug charges into separate trials because the evidence for each count of his indictment was simple and direct, which left little room for the jury to be confused and allowed all of the charges to be tried together. Meanwhile, the trial court's decision to impose consecutive sentences was supported by defendant's history of criminal conduct, while the court also made all necessary findings before making its decision. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: August 24, 2023, Case #: 2023-Ohio-2953, Categories: criminal Procedure, Firearms, assault
J. Mann finds that the lower court properly convicted defendant of assault. Defendant claims that the prosecutors in the case improperly made a "generic tailoring" argument that allowed the jury to make adverse inferences based on defendant's right to represent himself during trial. While this argument was improper, defendant's failure to object to it during trial waives his claims. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: August 21, 2023, Case #: 83589-1-I, Categories: criminal Procedure, Prosecutorial Misconduct, assault
J. Ahlers finds that the lower court properly declined to set aside default judgment stemming from an altercation that led to plaintiff's conviction for assault and battery because plaintiff was bound to defend himself despite any difficulty he may have been going through in life at the time. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: July 27, 2023, Case #: 22-0124, Categories: criminal Procedure, assault, Battery
On remand, J. Kamins finds the trial court properly denied a new trial to a defendant convicted of fourth-degree assault. “Defendant did not argue … that applying a reckless mental state to the physical injury element is legally impermissible." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A178699, Categories: criminal Procedure, assault