15 results for 'cat:"Criminal Procedure" AND cat:"Vehicle"'.
J. Wilson finds that the lower court improperly dismissed the indictment charging defendant with involuntary manslaughter by deciding after viewing video surveillance that her driving did not constitute criminal negligence. The court was limited to reviewing whether the indictment contained the essential elements of involuntary manslaughter and whether it proper apprised defendant of the facts of the charge. Reversed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: May 1, 2024, Case #: SC100212, Categories: criminal Procedure, Manslaughter, vehicle
J. Johnson finds that defendant was properly convicted of felony evading arrest or detention in a vehicle. The state penal code does not require proof that defendant "knew the attempted arrest or detention was lawful," despite his argument to the contrary. Though, a precept fee and time payment fee that were erroneously assessed to defendant are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: February 29, 2024, Case #: 10-21-00158-CR, Categories: criminal Procedure, Resisting Arrest, vehicle
J. Emas finds the trial court improperly denied defendant's motion for final discharge of three misdemeanor traffic offenses she faced for driving under the influence and driving under the influence causing property damage, which she moved for on speedy-trial grounds. The defendant's filing for writ of prohibition did not effectively delay her trial even if it could be considered an "appeal" under Florida rules of criminal procedure, so it did not trigger the 90-day speedy trial period. Defendant's petition for writ of prohibition is granted, and the case is remanded for the trial court to enter an order of final discharge of the misdemeanor offenses.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-1702, Categories: criminal Procedure, Dui, vehicle
J. Makar finds that the trial court's order denying defendant's motion asking the clerk of court to remove her habitual traffic offender designation entered upon her no contest plea to driving with a suspended license is appealable, contrary to the state's position. Defendant may appeal the trial court's order under Florida appellate and criminal procedures, so the state's motion to dismiss the case for lack of jurisdiction is denied and the appeal will move forward.
Court: Florida Courts Of Appeal, Judge: Makar, Filed On: February 23, 2024, Case #: 23-2914, Categories: criminal Procedure, vehicle
J. Bender finds that the lower court improperly sentenced defendant to 45 to 90 days of incarceration for illegally operating a vehicle not equipped with an ignition interlock. Pennsylvania failed to prove that defendant had adequate notice by the Pennsylvania Department of Transportation that he was only to drive vehicles that contained such equipment until he obtained an unrestricted license. Reversed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: February 8, 2024, Case #: J-S27003-23, Categories: criminal Procedure, Sentencing, vehicle
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J. Natali finds that the trial court improperly admitted evidence from a police stop in defendant's trial on weapons charges brought after he was stopped by police for driving a vehicle with tinted windows. A new rule that required officers to determine if tinting inhibited their ability to see the occupants of the vehicle was improperly applied retroactively.
Court: New Jersey Appellate Division, Judge: Natali , Filed On: February 7, 2024, Case #: A-1767-22, Categories: criminal Procedure, Weapons, vehicle
J. Kunselman finds that the lower court improperly sentenced defendant to endure confinement, pay a fine and complete community service for disorderly conduct stemming from her noncompliance with a police officer during a traffic stop. Because the sentence did not include a term of probation, the court did not have the authority to order community service. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: October 11, 2023, Case #: J-S32022-23, Categories: criminal Procedure, Sentencing, vehicle
J. Douglas finds that the lower court improperly entered a judgment of acquittal after a jury found defendant guilty of eluding an officer. The evidence "rationally supports the jury's verdict," specifically as to the element of whether he operated at a "reckless rate of speed." The police officer testified that defendant was operating his motorcycle at over 90 miles per hour in areas with speed limits of 50 and 35 miles per hour. Vacated in part.
Court: Maine Supreme Court, Judge: Douglas, Filed On: August 15, 2023, Case #: 2023ME51, Categories: criminal Procedure, vehicle
J. Getty agrees with the lower court that because a stolen license plate was visible to a police officer inside a driver’s car, the officer had a right to a warrantless search of the glove compartment. The driver argues that the officer had no right to the search because he was looking for evidence of a crime the driver didn’t commit, theft of a vehicle. This is not true, however, and therefore the search was justified because the officer ultimately arrested the driver for stolen plates as he suspected.
Court: The Appellate Court of Maryland, Judge: Getty, Filed On: June 1, 2023, Case #: C-02-CR-21-000839, Categories: criminal Procedure, Search, vehicle