9 results for 'cat:"Evidence" AND cat:"Assault" AND cat:"Domestic Violence"'.
J. Lawrence finds that the lower court properly convicted defendant for domestic violence assault following a jury trial. The court fails to "reach a majority opinion as to the voir dire issue," but it rejects defendant's other arguments on appeal concerning certain evidentiary rulings. The jury's verdict was supported by sufficient evidence, "even if the excluded text messages had been admitted at trial." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: January 23, 2024, Case #: 2024ME4, Categories: evidence, assault, domestic Violence
J. Scott finds that defendant was properly convicted of intimidation with a dangerous weapon with intent and other charges based on claims that he attacked his girlfriend. Defendant contends the victim's testimony regarding prior instances of domestic abuse was inadmissible, but her testimony proved motive and intent. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: November 21, 2023, Case #: 21-1318, Categories: evidence, assault, domestic Violence
J. Soto finds a lower court ruled correctly in convicting defendant on domestic assault charges. Defendant argued there was insufficient evidence to convict him, not least because the victim did not recall the events that led to her hospitalization, but in fact court testimony did consider and rule out other alternatives, including the possibility that the victim fell. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 21, 2023, Case #: 08-23-00048-CR, Categories: evidence, assault, domestic Violence
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
J. Neeley finds the trial court properly convicted defendant for assault by impeding breath or circulation. Defendant maintains that his arm was around the victim's chest, not her neck or throat, and that her ability to scream negates a finding that her breath was impeded. The responding officer testified that when he arrived at the scene defendant had his hands around the victim's throat and that her eyes appeared "glazed over." After officers removed defendant's hands from the victim's throat, she began screaming. All evidence supports conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: September 20, 2023, Case #: 12-22-00225-CR, Categories: evidence, assault, domestic Violence
J. Anderson affirms the Court of Appeals' finding that the district court did not abuse its discretion by excluding a body-worn camera recording of an assault victim's statements as inadmissible hearsay. The statements do not qualify as "excited utterances" under an exception to the Minnesota rule of evidence regarding hearsay since no ongoing emergency existed at the time the victim made them and they included descriptions of events that occurred several hours previously or even longer ago.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: July 26, 2023, Case #: A22-0161, Categories: evidence, assault, domestic Violence
J. Hixson finds the trial court properly convicted defendant for aggravated assault on a family or household member, terroristic threatening and domestic battering. His wife testified that he choked her unconscious for being unable to find him a pair of socks, stating during the attack that he would kill her and their son if she left him. After the attack defendant would not let her leave the house with both children at the same time. In his motion for directed verdict, defendant’s counsel stated, “On the charge of domestic battery … there’s been insufficient evidence … to show that [defendant] caused … injury” to the victim intentionally.He fails to argue that his proposed “extreme stress” negated purposeful intent. This argument is also conclusory and without citation to supporting authority. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: May 24, 2023, Case #: CR-22-258, Categories: evidence, assault, domestic Violence
J. Windhorst finds that the trial court should not have denied the state's motion to introduce past crimes evidence against defendant, who was charged with domestic battery. The evidence was of another incident where defendant was accused of assaulting the victim, during an argument in which she was also gathering her belongings to leave the residence, while her mother was present. Although the victim recanted her prior statement to the police that the incident occurred, the evidence places the charged offense in context and is relevant to show the volatile nature of the relationship. Reversed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: May 10, 2023, Case #: 22-K-581, Categories: evidence, assault, domestic Violence