24 results for 'cat:"Criminal Procedure" AND cat:"Jurisdiction"'.
[Consolidated.] J. Cole finds that the lower court improperly dismissed the charges against defendants in these consolidated cases "based on alleged defects in the charging complaints." The circuit court did not lack subject matter jurisdiction over the appeals from municipal court, since its jurisdiction is derived from the municipal court conviction and not the complaint. Additionally, defendants failed to raise any objections in the municipal court. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: March 22, 2024, Case #: CR-2023-0348, Categories: criminal Procedure, jurisdiction
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J. Medina finds the district court lacked jurisdiction to hear the state's appeal of a magistrate's suppression of all prosecution witnesses during defendant's DUI case. The state filed the appeal before the magistrate court entered a decision on the merits of the motion. However, the district court was required to conduct an analysis of any possible speedy trial violations before it dismissed the charges refiled by the state, and so the case will be remanded. Reversed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: February 6, 2024, Case #: A-1-CA-40849, Categories: criminal Procedure, Speedy Trial, jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus to vacate his criminal convictions. Not only did the trial court have proper jurisdiction over the original criminal case, but the inmate had an adequate remedy via a direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 25, 2024, Case #: 2024-Ohio-221, Categories: criminal Procedure, jurisdiction
J. Deters finds that defendant's failure to prove he was unavoidably prevented from discovering his victim's recantation of identification evidence at trial deprived the lower court of jurisdiction to hear his successive petition for postconviction relief and, therefore, his petition was properly denied. Although the affidavit from the victim in which he admitted he was unsure of the identity of his attacker was dated beyond the deadline for defendant to file his successive postconviction relief petition, this date does not establish when the recantation evidence became available and does not satisfy the unavoidably prevented standard, which prevented defendant from establishing a constitutional violation. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: January 18, 2024, Case #: 2024-Ohio-134, Categories: criminal Procedure, Constitution, jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of prohibition. His claims regarding the jurisdiction of the trial court to issue the indictment in his criminal case should have been brought on direct appeal or through a motion for postconviction relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 20, 2023, Case #: 2023-Ohio-4594, Categories: criminal Procedure, jurisdiction
J. Duffy finds the trial court erroneously denied defendant's motion for reconsideration of his sentence on the grounds it lacked jurisdiction over the filing. The 90-day deadline for the reconsideration motion began to run on the date the sentencing judgment was entered, not the date it was orally imposed by the court. Additionally, defendant's failure to include evidence not available at the time of his original sentencing was not fatal to the motion because state law imposes no such requirement, and while it may affect the validity of defendant's motion, it did not preclude the court from considering the merits of his claims. Reversed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: December 20, 2023, Case #: A-1-CA-37868, Categories: criminal Procedure, Sentencing, jurisdiction
Per curiam, the appellate court dismisses defendant’s appeal. Defendant filed a notice of appeal after the limitations period and did not file a motion for extension. Although he attempted to timely file, and the notice was not timely filed due to no fault of his own, the court of appeals lacks authority to extend the time for perfecting an appeal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00247-CR, Categories: criminal Procedure, jurisdiction, Due Process
J. McDonald finds the appeals court properly determined the trial court lost jurisdiction over defendant's case when it dismissed the criminal charges against him and, therefore, it could not reinstate charges when the state brought forth new evidence the day after the dismissal. Although Connecticut law includes a four-month rule in civil cases that allows courts to retain jurisdiction after a notice of judgment, this rule does not apply to criminal matters. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: September 19, 2023, Case #: SC20702, Categories: criminal Procedure, jurisdiction
J. Gildea affirms the defendant's conviction for filing a false report, which stems from her claim to Waseca police that her son's father had abused him. Venue was proper for the defendant's trial in Waseca County, since the officer who received the false report was in that county even though the defendant made the claim on a phone call from Blue Earth County. The venue for the crime of filing a false report is proper in the county wherein law enforcement receives the report. Affirmed.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: September 13, 2023, Case #: A21-1360, Categories: criminal Procedure, jurisdiction
Per curiam, the circuit finds that an appeal from the dismissal of a federal habeas petition by 19 state inmates who contend Covid-19 presents heightened dangers due to their ages and underlying health conditions must be dismissed for lack of jurisdiction. The inmates failed to exhaust state court remedies, and the petition constituted a challenge to the conditions of confinement, which is not eligible for habeas relief.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 5, 2023, Case #: 21-1822, Categories: criminal Procedure, Habeas, jurisdiction
Per curiam, the circuit finds that an inmate's appeal from the dismissal of a federal habeas petition seeking release due to heightened health dangers posed by Covid-19 must be dismissed for lack of jurisdiction. Claims challenging conditions of confinement are not eligible for habeas relief, and the inmate did not appeal the district court's finding that he failed to exhaust state court remedies.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 5, 2023, Case #: 21-852, Categories: criminal Procedure, Habeas, jurisdiction
Per curiam, the circuit finds that an inmate's appeal from the dismissal of a habeas petition seeking release due to heightened health dangers should he contract Covid-19 must be dismissed for lack of jurisdiction. Petitions challenging conditions of confinement cannot be brought in habeas proceedings, and the inmate failed to appeal the finding that he had not exhausted state court remedies.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 5, 2023, Case #: 21-1160, Categories: criminal Procedure, Habeas, jurisdiction
J. Stratton finds that the trial court properly held that it lacked jurisdiction to hear defendant's motion to withdraw a no contest plea after finishing probation on an assault conviction. Though full jurisdiction was transferred to the county where his probation was supervised, the trial court in the county where he was tried, convicted and sentenced maintained jurisdiction over non-probation matters, including the motion to withdraw the plea. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: July 3, 2023, Case #: B315243, Categories: criminal Procedure, Probation, jurisdiction