122 results for 'cat:"Evidence" AND cat:"Sentencing"'.
J. Lipinsky finds the trial court improperly convicted the defendant for felony DUI on the grounds of prosecution did not submit sufficient evidence. Therefore, this case is remanded to the trial court for entry of a judgment from felony DUI to misdemeanor DUI. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: May 16, 2024, Case #: 2024COA53, Categories: evidence, sentencing, Dui
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: evidence, Firearms, sentencing
J. Stabile finds that the lower court properly sentenced defendant to 15 to 30 years in prison for raping and sexually assaulting his two minor daughters. The court’s admission of one of the daughter’s out-of-court statements about how defendant bribed her sister to undress in a basement was appropriate. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: May 13, 2024, Case #: J-S06013-23, Categories: evidence, sentencing, Sex Offender
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: evidence, Firearms, sentencing
J. Gruender finds a lower court improperly allowed a defendant's motion to suppress evidence after he was charged with knowingly possessing a firearm, following a prior conviction of an offense punishable by imprisonment for more than a year. The defendant argued that the lower court properly allowed his motion to suppress evidence of a firearm located in a white vehicle in a tenant parking lot, which he was a passenger, and that police officers did not have reasonable suspicion to stop the parked vehicle. However, the government presented sufficient evidence in court that authorities were entitled to search the vehicle based on reasonable suspicion that defendant may have been engaging in criminal activity in a well known high crime area in the middle of the night. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 13, 2024, Case #: 23-2720, Categories: evidence, Firearms, sentencing
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 Vermont Supreme Court finds that the post-conviction court properly dismissed defendant’s previous claims of ineffective assistance on grounds that the victim was not cross-examined regarding the number of stab wounds to her abdomen. The plea agreement did not restrict the state from presenting additional facts. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-238, Categories: evidence, Ineffective Assistance, sentencing
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
J. Landau finds that the trial court properly admitted extraneous offense evidence during the guilt phase of defendant's murder trial. Evidence that defendant assaulted the murder victim's teenage son a few months before the murder had significant probative value that was not outweighed by the risk of unfair prejudice to defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 9, 2024, Case #: 01-23-00173-CR, Categories: evidence, Murder, sentencing
J. Egerton finds that the trial court properly admitted defendant's confession before denying his petition for resentencing on murder, robbery and burglary convictions. He forfeited his claim that his confession was involuntary by failing to raise in at trial, and resentencing hearings, which have a narrow purpose, are not the place to litigate evidentiary issues for the first time. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: May 3, 2024, Case #: B324572, Categories: evidence, Murder, sentencing
J. Murguia vacates a sentence and remands a matter which the panel voted to rehear to reconsider the heightened standard of proof for factual findings at sentencing. The panel overruled its prior precedent and fully adopted the “preponderance of the evidence” standard. The matter stems from a search of a cell phone while defendant was on probation which yielded images of defendant in his home with a firearm and magazine. Defendant was indicted for and pleaded guilty to a single count of illegal possession of a firearm as a convicted felon.
Court: 9th Circuit, Judge: Murguia , Filed On: May 2, 2024, Case #: 22-50064, Categories: evidence, sentencing
J. Connors finds that the lower court improperly convicted defendant on two of the sexual offenses but properly convicted him on the other. At issue is whether the evidence sufficiently established the age of the victim. The court concludes that the evidence proves the victim was under the age of 14 but not under the age of 12. Accordingly, the convictions on the Class A and B offenses are vacated, and the matter is remanded for resentencing as to the Class C offense of unlawful sexual contact. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: April 30, 2024, Case #: 2024ME31, Categories: evidence, sentencing, Sex Offender
J. Powers finds that the lower court properly classified defendant as a risk level two sex offender after adding "points" to his assessment for sex crimes committed against a stranger when he grabbed the victim's buttocks and masturbated in front of her at a bus stop. Without direct evidence that defendant knew the victim, the inference that they were not acquainted was reasonable. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-23-1315, Categories: evidence, sentencing, Sex Offender
J. Welch finds the trial court properly convicted defendant, by no-contest plea, for possession of a firearm by a prohibited person, sentencing him to 6 to 8 years in prison. After responding to an early morning report of gunshots, officers found a bullet in the flat tire of a vehicle involved in the altercation. The gun connected to the bullet was later found in defendant's girlfriend's vehicle during a traffic stop. All sentencing factors were properly considered, including defendant's criminal record and claims of posttraumatic stress disorder. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 23, 2024, Case #: A-23-817, Categories: evidence, Firearms, sentencing
J. Henderson upholds a “political operative’s” felony convictions related to his $25,000 contribution to the Trump campaign on behalf of a Russian businessman who had actually paid him $100,000 to attend the fundraiser. The conviction is supported by sufficient evidence and he waived any criminal history objection he had during trial against his within-guidelines, 18-month sentence. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 23-3028 , Categories: evidence, sentencing, Conspiracy
J. Moore finds that although defendant was involved with his girlfriend in the scheme whereby she traded sexual favors for painkillers and used some of the drugs "purchased" through the setup, there was sufficient evidence to convict him of sex trafficking through force or coercion. The dealer routinely assaulted the victim and threatened her with guns on several occasions. Meanwhile, the trial court properly applied a "vulnerable victim" enhancement to defendant's sentence because his girlfriend's addiction to opioids and physical ailments placed her squarely in the category. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: April 17, 2024, Case #: 23-3179, Categories: evidence, sentencing, Sex Offender
J. Arterburn finds the trial court properly convicted defendant for criminal mischief. Surveillance video from the vandalized outpatient clinic, which was properly admitted, showed defendant breaking windows. All sentencing factors involving the costs incurred by the clinic and defendant's record of previous offenses were properly and fully considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-510, Categories: evidence, sentencing, Vandalism
J. Arterburn finds the trial court properly convicted defendant for operating a motor vehicle during revocation. Though defendant was observed in the driver's seat before the traffic stop, upon making contact officers found him lying down between seats, with a woman driving. Though defendant argues the woman's testimony was consistent with his claim he was never driving, jurors found the officers' testimony more credible, and credibility findings will not be reviewed. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-435, Categories: evidence, sentencing, Vehicle
J. Buchanan finds that the trial court properly admitted statements made by a sexual abuse victim to her friends about abuse that occurred years before. The "fresh complaint" doctrine, which rejects complaints unless they are made immediately after alleged abuse, is outdated since child victims often delay their disclosure of abuse. The trial court admitted the statements for the nonhearsay purpose of establishing the nature of her disclosure, and trial courts are encouraged to refer to this practice as the "prior disclosure" doctrine. Also, expert testimony about Child Sexual Abuse Accommodation Syndrome was properly admitted. However, the trial court should have applied presentence conduct credits to defendant's sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: April 15, 2024, Case #: D083310, Categories: evidence, sentencing, Sex Offender
J. Witt finds the lower court properly convicted defendant of delivering and selling .5 grams or more of methamphetamine for selling to a confidential informant in a controlled buy conducted by the Lincoln County Sheriff’s Department. The lower court considered defendant’s criminal history, and applied applicable enhancements, as she was classified as a Range III persistent offender. Evidence is sufficient to support her conviction and sentence of 25 years incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: April 12, 2024, Case #: M2023-00225-CCA-R3-CD, Categories: Drug Offender, evidence, sentencing
J. Hoyle finds the trial court properly convicted defendant for possession of codeine. Defendant was arrested after officers saw him "hanging out" by a dumpster in a parking lot. Officers discovered three pills containing codeine after defendant consented to a search, and database documentation regarding codeine levels is sufficient to show the codeine content falls within a particular penalty group. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 10, 2024, Case #: 12-23-00145-CR, Categories: Drug Offender, evidence, sentencing
J. Murray finds that the lower court properly sentenced defendant for driving under the influence and careless driving. The evidence, a police-recorded video of defendant swerving over lines on the road and the fact that his pupils were dilated, sufficed to sentence defendant for a DUI. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 10, 2024, Case #: J-S37036-23, Categories: evidence, sentencing, Dui
J. McCullough finds the lower court improperly reversed a defendant’s conviction for use of a firearm in the commission of a felon. The defendant fired a shotgun at an open window, badly wounding his girlfriend. He was indicted for several felonies; the most serious of those was aggravated malicious wounding, carrying the possibility of a life sentence. The defense strategy at trial was to contest only one issue: whether the defendant fired the gun with malice instead of accidentally or recklessly. The defendant pleaded not guilty to the other crimes but didn’t contest them when the evidence came in. The “approbate and reprobate” doctrine bars the defendant’s attempt to challenge the sufficiency of the evidence on the charge of use of a firearm in the commission of a felony. Ends of justice may help a convicted defendant to overcome a conviction where his lawyer failed to object or raised an issue too late, but it doesn’t cover intentional, strategic choices like this one. Reversed.
Court: Virginia Supreme Court, Judge: McCullough , Filed On: April 4, 2024, Case #: 230343 , Categories: evidence, Firearms, sentencing
J. Kellum finds that the lower court improperly revoked defendant's community-corrections sentence. Defendant had been given a split sentence in which "he was ordered to serve 2 years in community corrections, followed by 5 years' supervised probation," based on his guilty plea to a firearm charge and receiving stolen property. The revocation order was based on insufficient evidence. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: March 22, 2024, Case #: CR-2023-0843, Categories: evidence, Probation, sentencing