201 results for 'cat:"Domestic Violence"'.
Per curiam, the Vermont Supreme Court finds the trial court properly convicted the defendant of domestic assault after he threw items at his wife and grabbed her by the arm and neck. The state introduced evidence of prior bad acts stemming back years ago and the daughter’s call to 911 during the incident. The state met the burden of evidence because it was relevant and admissible to explain the nature of the defendant’s behavior toward his wife. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-289, Categories: Evidence, Sentencing, domestic Violence
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault and strangulation. The court did not deny defendant his right to a speedy trial since the time periods in question were excluded as a reasonable time in which the state could respond to defendant's filings. The evidence also supported the finding that defendant was the initial aggressor and that prior uncharged acts of domestic abuse were relevant to prove motive and intent. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02379, Categories: Assault, domestic Violence, Speedy Trial
J. Mayle finds defendant's domestic violence conviction is supported by sufficient evidence. Testimony from hospital staff about the injuries sustained by the victim, including a fractured orbital bone and bruising, established she suffered serious physical harm, while descriptions of defendant's behavior at the hospital, which included yelling at the victim and showing no concern, established he was the perpetrator of the offense. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1711, Categories: Evidence, domestic Violence
J. Witt finds that the lower court properly denied defendant's post-conviction motion alleging his counsel was ineffective for failing to request a self-defense instruction. The jury reasonably found defendant was the initial aggressor in the altercation, and was therefore not entitled to use deadly force to defend himself. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: April 30, 2024, Case #: WD86050, Categories: Assault, domestic Violence, Self Defense
J. Doherty finds that the lower court properly denied defendant pretrial release on charges of unlawful possession of a weapon by a felon based on his threats to kill his girlfriend. While electronic monitoring could alert law enforcement if he violated a home confinement restriction, it would not provide the girlfriend any protection if defendant wanted to make good on his threat. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: April 29, 2024, Case #: 240248, Categories: Firearms, Bail, domestic Violence
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J. Bower finds that defendant was properly convicted of domestic abuse assault, third offense, because a witness statement indicating the witness was employed as a parole officer did not constitute the introduction of prior bad acts or affect the outcome of the trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 24, 2024, Case #: 22-0861, Categories: Evidence, domestic Violence
J. Bulla finds the trial court improperly convicted defendant for misdemeanor domestic battery. Defendant and his wife were involved in an incident after he discovered she had an affair. Defendant denied strangling his wife, though he admitted to carrying her against her will in a "bear hug" after she had run off into the desert threatening suicide. The jury could have found that defendant's "bear hug'' was necessary, being he is a trained EMT, and the couple lived in a remote location. He was entitled to assert a necessity defense in connection with that act. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: April 22, 2024, Case #: 86040-C0A, Categories: Evidence, Battery, domestic Violence
J. Brown finds that the trial court properly convicted defendant of aggravated assault and battery involving family violence, cruelty to children in the first degree and other offenses. The jury was authorized to find that defendant's act in putting a burning notebook on his girlfriend's leg was likely to cause serious injury. Defendant's conduct in trying to hang himself in the presence of a child was sufficient to support his conviction for first degree cruelty to children. However, the evidence was insufficient to support defendant's conviction for cruelty to children in the third degree because the state failed to show that the child saw or heard defendant put the burning notebook on her mother's leg. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 17, 2024, Case #: A24A0548, Categories: Battery, domestic Violence, Child Victims
J. Schlegel finds that defendant was properly convicted of domestic abuse battery by strangulation. Defendant does not show that a juror should have been disqualified from serving for not disclosing a prior felony. In this case, the juror admitted that he had been convicted of possession of methamphetamine in 2010, but he thought he had received “a pardon when [he]was taken off of probation." However, defendant's sentence as enhanced by the multiple offender bill is illegally lenient for not restricting parole. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 17, 2024, Case #: 23-KA-393, Categories: Jury, Sentencing, domestic Violence
J. Doherty finds that the lower court properly denied defendant pretrial release on domestic violence charges. The state presented evidence of defendant's past violent misconduct while on probation in support of its position that no set of conditions could make it safe for the victim to allow defendant's release on bail. The court was not required to address defendant's recent diagnosis of bipolar disorder when making its decision. Affirmed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: April 12, 2024, Case #: 240103, Categories: Bail, domestic Violence
J. Potterfield finds that the lower court properly admitted statements that defendant's victim made while fleeing from defendant in his trial for willful injury causing bodily injury and false imprisonment because statements concerning defendant's potential prison sentence were not sufficiently specific to imply defendant had prior criminal convictions. Affirmed.
Court: Iowa Court Of Appeals, Judge: Potterfield, Filed On: April 10, 2024, Case #: 22-1448, Categories: Jury, domestic Violence, Kidnapping
J. Ahlers finds that defendant was properly sentenced for domestic abuse assault and other charges based on his Alford plea to charges contending he threatened to kill himself and his girlfriend with a bomb he had put in his mouth because the lengthy sentence was justified by his use of a dangerous incendiary device and his lack of remorse for the crime. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 23-0515, Categories: Sentencing, Weapons, domestic Violence
J. Vaughan finds that the lower court properly revoked defendant's pretrial release based on his arrest for disorderly conduct while on release. The record shows that defendant has repeatedly been charged with domestic violence against family members, who are unable to control his mental health or substance abuse issues, and these incidents are escalating in severity making him a danger to others when released. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: April 9, 2024, Case #: 240120, Categories: Bail, domestic Violence
J. Krause finds that the trial court overseeing a request for a domestic violence restraining order properly admitted an audio recording of a husband calling his wife "a fucking moron" and other names, as well as one in which he refused to let her out of the car as he continually cursed at her in front of their children. Statute allows a domestic violence victim to record confidential communications before a restraining order petition is filed if the evidence might aid the trial court in its determination. Affirmed.
Court: California Courts Of Appeal, Judge: Krause, Filed On: April 5, 2024, Case #: C097015, Categories: domestic Violence, Restraining Order
J. Ceresia finds that the lower court properly sentenced defendant for strangulation, assault, weapon possession, and harassment following several episodes of domestic violence with a former live-in girlfriend because his prolonged physical and verbal attacks on his girlfriend were "abhorrent," and he only took responsibility for some of the more minor allegations against him, such as breaking a key chain, while he attempted to blame his girlfriend by contending she was bringing "crazy" claims to "get back" at him. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: April 4, 2024, Case #: 112603, Categories: Sentencing, domestic Violence
J. Oliver finds that the trial court should have dismissed felony aggravated assault charges against defendant for a domestic violence incident with his brother-in-law on double jeopardy grounds. After the first day of trial the initial judge realized he was defendant's distant relative through marriage, so the presiding judge of the district recused him. The initial judge then discharged the jury and declared a mistrial. But since the initial judge had been disqualified, and he failed to provide the parties an opportunity to object to jury discharge as required under the legal necessity exception to double jeopardy, those acts were taken without authority and the mistrial functioned as an acquittal. Where a judge is disqualified after a trial has begun, either the reviewing judge or the newly assigned judge must first address whether to declare a mistrial and then decide whether the discharge the jury. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: April 4, 2024, Case #: 20221076-CA, Categories: Criminal Procedure, Double Jeopardy, domestic Violence
J. Mortensen finds that the lower court properly convicted defendant of aggravated assault and domestic violence in the presence of a child. Defendant’s wife reported to police that defendant assaulted her in front of their five children, but later recanted her statement and asserted her Fifth Amendment right 47 times at trial. Defendant argues that hearing the invocations over and over prejudiced the jury, but he did not object to the invocations prior to appeal. Also, his argument of ineffective assistance of counsel fails, as what defendant views as error by counsel would not have impacted the outcome of the trial. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220006-CA, Categories: Ineffective Assistance, Assault, domestic Violence
J. Hutchinson finds that the lower court properly denied defendant's request for pretrial release on domestic violence charges. Defendant has a significant criminal history of assaultive conduct, and it was reasonable to find no pretrial conditions could mitigate defendant's danger to his victim. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson , Filed On: March 28, 2024, Case #: 230476, Categories: Bail, domestic Violence
J. Bushong finds the Appeals Court erred in concluding that its denial of defendant’s challenge for cause prejudiced defendant. “Error did not interfere with defendant’s right to a fair trial before impartial jurors, and whatever impact the error may have had on how defendant used his peremptory challenges did not prejudice him in respect to a substantial right.” Reversed.
Court: Oregon Supreme Court, Judge: Bushong, Filed On: March 21, 2024, Case #: S070188, Categories: domestic Violence