35 results for 'cat:"Criminal Procedure" AND cat:"Evidence"'.
J. Welbaum finds the trial court properly denied defendant's motion to merge his robbery and theft convictions for sentencing purposes. Although they involved the same incident of shoplifting, the theft occurred when he initially left the store, while the robbery took place as he fled from security and drove away in his vehicle. Meanwhile, the distinctive clothing worn by defendant when he was arrested and identified by the store employee, as well as merchandise found in defendant's home that matched items stolen from the store, was sufficient for the jury to convict him. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: May 10, 2024, Case #: 2024-Ohio-1801, Categories: criminal Procedure, evidence, Robbery
J. Hart finds misjoinder of criminal offenses is reviewed under "plain error" analysis and that, even if a trial court improperly allowed numerous charges to be tried at the same time, it is not a structural error that requires reversal of a defendant's convictions. In this case, while evidence of defendant's drug charges may have persuaded the jury he was inclined to commit crimes, the error was harmless as it pertained to his murder charge because of the overwhelming evidence in support of that charge, including that he went to his backpack to retrieve a gun before he shot the victim following a scuffle. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: May 6, 2024, Case #: 2024CO26, Categories: criminal Procedure, evidence, Murder
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J. Massing reverses an order partially allowing the defendant’s motion to suppress geographic location data from two mobile phones and a cell phone. The search warrant applications established probable cause to believe that the defendant used the phones during the period of time he’s suspected of committing crimes. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: April 18, 2024, Case #: 23-P-21, Categories: criminal Procedure, evidence, Search
J. Herman finds that the trial court should not have granted defendant's motion to sever the trials with his co-defendants. Although the co-defendants have made statements incriminating each other, the state indicated that it had no intention of using these statements at trial and instead will rely on the testimony of the two victims. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: March 22, 2024, Case #: 2024-K-0159, Categories: criminal Procedure, evidence
J. Ortego finds that defendant was improperly convicted of failure to seek assistance relating to the death of her dating partner from a drug overdose. The evidence did not show that defendant was aware of the drugs her partner had ingested or had sufficient knowledge that she had suffered serious bodily injury. Defendant is acquitted. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: KA-23-523, Categories: criminal Procedure, evidence
J. Sullivan finds that the lower court improperly quashed two counts against defendant for delivery of a controlled substance after he filed a habeas corpus petition seeking dismissal and disclosure of the identity of the confidential informant. Pennsylvania’s confidential informant being willing to testify that defendant was dealing methamphetamines is sufficient to link defendant to the counts. Reversed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S45038-23, Categories: criminal Procedure, Drug Offender, evidence
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
J. Froelicher finds that the lower court properly convicted defendant of voyeurism. There was enough evidence to find that he had violated the relevant voyeurism statute, he was not prejudiced by any alleged improper instructions to the jury, and the lower court was within their rights to deny his request to suppress evidence of his voyeurism on a series of computer memory cards. Affirmed.
Court: Wyoming Supreme Court, Judge: Froelicher, Filed On: January 24, 2024, Case #: S-23-0020, Categories: criminal Procedure, evidence, Jury Instructions
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 appeals court finds the trial court improperly granted a motion for suppression of evidence brought by a man charged with attempted homicide and possession of a firearm by a convicted felon because the search warrant affidavit lacked a probable cause. However, the trial court made its own determination de novo and did not use proper deference of the magistrate’s determination. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: January 5, 2024, Case #: 6D23-310, Categories: criminal Procedure, evidence, Firearms
J. Reynolds Fitzgerald finds that the lower court improperly dismissed rape charges in an indictment on grounds that defendant's confession was insufficiently corroborated. Defendant admitted to climbing into bed with a long-time friend and engaging in consensual oral sex and intercourse with her, as well as digital penetration, but the bruising and vaginal injuries she reported could have been consistent with rape. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: November 16, 2023, Case #: 113434, Categories: criminal Procedure, evidence, Sex Offender
J. McLaughlin finds that the lower court properly denied Pennsylvania's motion to refile charges against defendant, a former Philadelphia Police Detective. Pennsylvania failed to establish a prima facie case against defendant for unsworn falsification to authorities, tampering with or fabricating physical evidence, and tampering with public records. Affirmed.
Court: Pennsylvania Superior Court, Judge: McLaughlin, Filed On: September 20, 2023, Case #: J-E01004-23, Categories: criminal Procedure, evidence
Per curiam, the appeals court finds the trial court properly denied defendant's motion for postconviction relief based on newly discovered evidence, specifically an affidavit from a co-defendant recanting his trial testimony against defendant. In part based on trial transcripts refuting claims made in the affidavit, the trial court correctly determined the new evidence would not have brought about a different outcome at trial, and defendant incorrectly argues he is entitled to an evidentiary hearing on the matter because his motion was conclusively refuted by portions of the record attached to the trial court's denial order. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 1, 2023, Case #: 23-0251, Categories: criminal Procedure, evidence
J. Kellum finds that the lower court properly denied the state relief on certain pretrial matters in this capital murder case. There was no error in excluding a fire report or the testimony of a former police officer. However, the issue regarding the outcome of the codefendant's trial is not properly before the court, and that part of the appeal is due to be dismissed. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: August 18, 2023, Case #: CR-2022-1003, Categories: criminal Procedure, evidence, Murder
J. Kellum remands this case to the lower court to allow the defendant to present evidence in support of his claim regarding a prior Rule 32 petition, which challenged his conviction and sentence for felony murder. He argues that he failed to appeal the dismissal of the prior petition "through no fault of his own." The court concludes that the current petition is not successive and that he is entitled to present his evidence.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: August 18, 2023, Case #: CR-2023-0287, Categories: criminal Procedure, evidence, Murder
J. Horton finds that the lower court properly convicted defendant of unlawful trafficking in scheduled drugs and falsifying physical evidence. Contrary to defendant's argument on appeal, the lower court did not err by denying his motion to suppress evidence, as his detention during a traffic stop was lawful. The officer stopped defendant for speeding, and defendant failed to produce a driver's license or vehicle registration, which made the officer suspect that the car might not belong to defendant. The evidence was found after a tow truck was called, but the detention was "neither unreasonably prolonged nor unreasonably restrictive." Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: July 27, 2023, Case #: 2023ME41, Categories: criminal Procedure, Drug Offender, evidence
J. Waite finds that evidence supports defendant's murder and related charges for a car shooting that killed three people, including a 3-month-old baby and his mother. Defendant admitted to being at the scene of the crime, it was proven through text messages he and a co-defendant planned to kill the victim to collect a $10,000 bounty, and text messages sent after the killing could reasonably be interpreted by the jury to mean the "job" had been completed. Meanwhile, the trial court properly granted the state's motion to try both defendants together because their defenses were very similar and they did not blame each other or act as an extra prosecutor during proceedings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: July 12, 2023, Case #: 2023-Ohio-2375, Categories: criminal Procedure, evidence, Murder