12 results for 'cat:"Criminal Procedure" AND cat:"Witnesses"'.
J. Guerrero finds that the appeals court properly reversed defendant's conviction for dissuading a witness. The subject statute is ambiguous about whether the offense requires an attempt to prevent the filing of a criminal complaint or to prevent a witness from providing evidence in support of conviction, or both. So, the rule of lenity requires a reading that favors defendant, who tried to dissuade only after the underlying charges were filed. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: April 22, 2024, Case #: S273797, Categories: criminal Procedure, witnesses
J. Dowd finds that the lower court properly convicted defendant of murder and armed criminal action, and sentenced him to 26 years in prison. The court did not abuse its discretion in allowing the late endorsement of witnesses who examined DNA evidence at the crime scene. Defendant did not object to their testimony or even cross-examine them. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 2, 2024, Case #: ED111454, Categories: criminal Procedure, Murder, witnesses
J. Rovner finds that the lower court properly convicted defendant of being a felon in possession of a firearm. The court reasonably failed to hold a hearing on whether defendant knowingly waived certain rights when entering into a proffer agreement with the government, and allowed a witness to testify about the course of the investigation that led to defendant's arrest. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: January 4, 2024, Case #: 21-3248, Categories: criminal Procedure, Firearms, witnesses
J. Minor finds that the lower court improperly granted defendant's dismissal motion and instructs the lower court to restore the complaints against him to its docket in this case arising from a traffic stop by the town's police department. Specifically, the lower court "made a pretrial determination regarding the credibility of the witnesses and the sufficiency of the Town's evidence." Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: December 15, 2023, Case #: CR-2022-1082, Categories: criminal Procedure, witnesses
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
Per curiam, the appellate division finds that an inmate was improperly found guilty of violating prison rules by assaulting another inmate. The inmate, who contends an assault had not occurred and that he had been set up, had been denied the right to call the alleged victim as a witness in violation of hearing regulations. Rather than remittal, expungement is the appropriate remedy.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 30, 2023, Case #: CV-23-0538, Categories: criminal Procedure, witnesses, Prisoners' Rights
[Consolidated.] J. Minor withdraws the prior opinion in these consolidated appeals and substitutes the current opinion, holding that the lower court improperly dismissed the charges against defendants "based solely on its determination before trial that the prosecution's witnesses were not credible." The lower court lacked the authority to dismiss the charges in these separate cases, which involve alleged violations of various municipal ordinances, based on its pretrial determination of credibility. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: November 3, 2023, Case #: CR-2022-0505, Categories: criminal Procedure, witnesses
J. Labarga upholds the district court's affirmation of the trial court's refusal to suppress eyewitness identifications during defendant's murder and robbery trial. The district court applied the proper standard of review, abuse of discretion review, rather than a de novo standard of review. Affirmed.
Court: Florida Supreme Court, Judge: Labarga, Filed On: June 1, 2023, Case #: SC2021-1450, Categories: criminal Procedure, Murder, witnesses
Per curiam, the Massachusetts Supreme Court reverses the lower court's order requiring the commonwealth to disclose information regarding a confidential informant in connection with a drug case. Disclosure of the informant's identity is not necessary, as the individual did not participate in the charged crime and the commonwealth plans to prove the crime through proof of the cocaine and cash seized after defendant was arrested. Reversed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 19, 2023, Case #: SJC-13341 , Categories: criminal Procedure, Drug Offender, witnesses