6 results for 'cat:"Double Jeopardy" AND cat:"Battery"'.
J. Yohalem finds the trial court properly denied defendant's motion to dismiss an entire jury panel during voir dire. Although statements about a criminal defendant's guilt made by a potential juror showed bias, they did not pertain to any specific facts about defendant, while the trial court also questioned the remaining jurors about whether the comments would impact their ability to remain impartial. Meanwhile, defendant's convictions for battery by strangulation and false imprisonment did not violate his double jeopardy rights. The victim was choked and restrained initially, before defendant took her phone for a 10-minute period and refused to allow her to leave the room; therefore, there was separate evidence to support each conviction. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: April 29, 2024, Case #: A-1-CA-40425, Categories: Jury, double Jeopardy, battery
J. Wood finds the trial court properly denied defendant's motion to dismiss a charge for domestic battery of her 17-year-old son. Though defendant was originally charged and convicted for multiple acts, a jury deadlocked on the domestic battering charge, resulting in a mistrial. The state retried her on the battery charge, and though she had been found guilty on the other charges, double jeopardy does not bar a retrial of the domestic battering charge. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: March 6, 2024, Case #: CR-23-418, Categories: double Jeopardy, battery
J. Thomson finds that defendant's battery and manslaughter convictions do not violate his double jeopardy rights. Although they all stemmed from the same course of conduct, defendant used multiple weapons, including a bat, handgun and rifle, while there were also breaks in the attack that rendered each act separate and distinct. The state also proved defendant's mental state changed during the assault based on his own testimony that, at the outset, he did not intend to shoot or kill anyone, which also proves each offense was based on distinct conduct. Affirmed in part.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: March 4, 2024, Case #: S-1-SC-38910, Categories: double Jeopardy, battery, Manslaughter
J. Kyzar finds that defendant was properly convicted of sexual battery, malfeasance in office, and filing or maintaining false public records stemming from incidents involving a female patrol officer and fraudulent traffic tickets that happened when he was a police chief. There was no double jeopardy violation in this case, and the victim's testimony about the incidents was sufficient evidence that defendant committed sexual battery. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: November 8, 2023, Case #: KA-23-218, Categories: Evidence, double Jeopardy, battery
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J. Yohalem finds a lower court partially erred in convicting defendant of battery upon a police officer and other charges. While defendant is right that his convictions for both "resisting, evading or obstructing an officer" and "aggravated fleeing a police officer" violate principles of double jeopardy because one is a "lesser" offense that is "subsumed" by the other, his double-jeopardy arguments otherwise fail because his conduct was not "unitary." For example, his charges for both battery and assault on a police officer did not violate double jeopardy because they referred to different offenses by him. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: July 25, 2023, Case #: A-1-CA-39807, Categories: double Jeopardy, Obstruction, battery