629 results for 'cat:"Criminal Procedure"'.
J. Beck finds that the lower court improperly sentenced defendant following his guilty plea to driving under the influence of alcohol. His DUI conviction should not be treated as his third offense in 10 years for sentencing purposes based on his prior conviction in Ohio, for physical control of a vehicle while under the influence, that was improperly classified as substantially similar to Pennsylvania’s offense of a DUI. Vacated.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 9, 2024, Case #: J-A06036-24, Categories: criminal Procedure, Sentencing, Dui
J. Perry dismisses the state's appeal of the trial court's decision to grant defendant's application for post-conviction relief related to his conviction of murder in 1995. The state asked for an extension and had until Apr. 10, 2024 to file a response, but the state did not do so until Apr. 18, 2024. A ruling on a post-conviction relief application is not appealable, but the state may still file an application for supervisory writs within 30 days of this decision.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: May 8, 2024, Case #: KA-24-44, Categories: criminal Procedure, Murder
J. Mead finds that the lower court properly convicted defendant following a jury trial for “hunting a deer after having killed one,” as well as unlawful possession of wild animals. On appeal, he fails to show that the charge for possession of wild animals was barred under double jeopardy principles. Additionally, the matter is remanded for reconsideration of a stay order. The lower court had “the authority to order the original stay” and should decide whether to reinstate it. Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: May 7, 2024, Case #: 2024ME33, Categories: criminal Procedure, Sentencing, Double Jeopardy
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J. Torbitzky finds that the lower court properly refused to expunge one criminal conviction, after expunging another. Defendant failed to demonstrate his two convictions were part of the same course of criminal conduct, even if he pleaded guilty in each case and was sentenced on the same day. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 7, 2024, Case #: ED111779, Categories: criminal Procedure
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
J. Williamowski finds the trial court properly denied defendant's motion to dismiss for double jeopardy violations. Although his initial convictions for retaliation and attempted murder were vacated on improper venue grounds, the vacatur of those convictions had nothing to do with his criminal culpability and were instead the result of a procedural error that did not implicate his double jeopardy rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: May 6, 2024, Case #: 2024-Ohio-1736, Categories: criminal Procedure, Murder, Double Jeopardy
J. Kellum finds that the lower court properly convicted defendant on multiple counts of voyeurism but improperly sentenced him. The lower court did not err by admitting evidence of certain Internet searches that were extracted from defendant's phone. The court notes that the probationary terms of the split sentences are unlawful, however, and the matter is remanded for another sentencing hearing. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0008, Categories: criminal Procedure, Probation, Sentencing
Per curiam, the court of criminal appeals finds that the lower court improperly convicted and sentenced defendant of capital murder. The prosecutor, during rebuttal closing arguments, made a "direct comment" on defendant's decision not to testify, and the lower court failed to take "prompt curative action," which constitutes error. Accordingly, the case is remanded for a new trial. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: May 3, 2024, Case #: CR-2022-0546, Categories: criminal Procedure, Murder
J. Cradle finds the trial court did not violate the inmate's due process rights when it denied his motion for a continuance during his habeas trial. Although a crucial witness failed to appear, the inmate was able to present numerous exhibits and call other witnesses throughout the three day trial. Additionally, the absent witness had been served with multiple subpoenas and the trial court issued a capias in an attempt to force his appearance, and so there was no legitimate reason for a further delay. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 3, 2024, Case #: AC46237, Categories: criminal Procedure, Habeas, Due Process
Per curiam, the appellate court finds that defendant was improperly convicted of multiple counts of child endangerment and sexual abuse because several charges were duplicative, and evidence cast doubt on the exact number of instances of abuse. The state may present the vacated charges to a new grand jury. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: KA 22-00437, Categories: criminal Procedure, Sex Offender
J. Bunn grants the state's writ seeking an order prohibiting enforcement of the lower court's order dismissing a six-count indictment charging defendants, a Monongalia County couple, with child abuse, and neglect causing bodily injury of two of their three adopted children stemming from excessive corporal punishment. The since-retired judge exceeded her authority in granting the defense's motion to dismiss the indictment due to the "numerous hours of testimony" she heard in the related abuse and neglect case resulting in termination of the couple's parental rights.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: May 3, 2024, Case #: 23-155, Categories: criminal Procedure, Child Victims
J. Cole finds that the lower court improperly convicted and sentenced defendant of capital murder for the alleged shooting death of a gas station clerk during the course of robbery. Specifically, the state "directly commented" on defendant's right not to testify, which requires reversal. The state's comments regarding "the missing gun" occurred during its rebuttal closing argument, and the lower court failed to remedy the prejudice. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: May 3, 2024, Case #: CR-20-0727, Categories: criminal Procedure, Miranda, Murder
J. McCool finds that the lower court properly convicted defendant for murder, attempted murder and discharging a firearm into an unoccupied vehicle. On appeal, defendant contends that the lower court erred when it denied his motion for acquittal. The court notes that his arguments regarding eyewitness testimony go to the “weight of the evidence, not its sufficiency.” The case must still be remanded, however, to address a sentencing error. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: May 3, 2024, Case #: CR-2023-0278, Categories: criminal Procedure, Murder, Sentencing
J. Durrant finds that defendant took sufficiently substantial steps toward meeting a police officer he believed was a 13-year-old girl for a magistrate court to bind him over on charges of attempted rape, sodomy and kidnapping of a child. Also, he was not entrapped since police did not persistently solicit him over time, but went from first contact to rendezvous in four hours, and they did not appeal to his sympathy or pity. Affirmed.
Court: Utah Supreme Court, Judge: Durrant, Filed On: May 2, 2024, Case #: 20220768, Categories: criminal Procedure, Sex Offender, Entrapment
J. Harris finds that the trial court erred in denying defendant's motion to dismiss charges that he sexually abused a child 25 years earlier. The four-year statute of limitations that applied at the time of the alleged offenses began to run in 1998 when the alleged victim's friend reported to police that defendant had been "having sex" with the alleged victim. In the context of the friend's report, "having sex" meant vaginal intercourse and was sufficient to put police on notice of a crime that could be charged. Reversed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 2, 2024, Case #: 20230228-CA, Categories: criminal Procedure, Sex Offender
J. Lynch finds that decision must be withheld in defendant's appeal from his conviction for murder, attempted murder, and arson, which stemmed from two house fires, because the chief assistant district attorney on the appeal should be disqualified for having acted as the confidential law clerk to the trial judge. The ADA initially took part in the appeal, and thus the entire DA's office is disqualified, and a special prosecutor must be named to handle the appeal.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 2, 2024, Case #: 112498, Categories: criminal Procedure, Murder
J. Stevens finds that the lower court properly sentenced defendant for shooting and killing his neighbor’s two German Shepherd dogs who were on his property, barking at and chasing deer he raised. The deer were fenced, and the dogs were interacting with the deer on the outside of the fence, so the killings were not protected by a legal defense that permits the killing of dogs in the process of killing or wounding other domestic animals. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: May 2, 2024, Case #: J-S08038-24, Categories: criminal Procedure, Sentencing, Animal Cruelty
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
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus. His request for a suppression hearing after the return of his cell phone and other property by the trial court should have been brought on a direct appeal of his other postconviction motions for relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 1, 2024, Case #: 2024-Ohio-1624, Categories: criminal Procedure, Search, Sex Offender
J. Ransom finds that the lower court properly convicted defendant of robbery and assault. He has not adequately shown that his lack of counsel at two pre-trial appearances resulted in any prejudice to him during trial. Further, he was not entitled to a transcript of his initial appearance because it was not an arraignment. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100247, Categories: criminal Procedure, Robbery
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