6 results for 'cat:"Evidence" AND cat:"Assault" AND cat:"Self Defense"'.
J. Byrne finds the state presented sufficient evidence to disprove defendant's theory of self-defense and convict him of assault and attempted murder, including testimony from various witnesses who heard him say he would "shoot it out" with police to avoid going back to prison, as well as the 28-mile car chase that ensued before defendant barricaded himself inside his vehicle and shot police officers and their canine unit. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: April 8, 2024, Case #: 2024-Ohio-1315, Categories: evidence, assault, self Defense
J. Duhart finds the trial court did not violate defendant's due process rights when it refused to consider his claim of self-defense. The evidence in the record overwhelmingly proved he was the instigator of the altercation with the landscaping worker and any self-defense claim would have been meritless, considering defendant ran over the victim with his car and escalated the situation by leaving his vehicle and throwing the first punches. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: March 8, 2024, Case #: 2024-Ohio-858, Categories: evidence, assault, self Defense
J. Schumacher finds that defendant was properly convicted of assault with intent to inflict serious injury and other charges following a bar brawl in which a man was shot and killed because the self defense claim was negated by the medical examiner's determination that the victim had been shot from behind. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: December 20, 2023, Case #: 22-1974, Categories: evidence, assault, self Defense
J. Byrne finds the trial court properly admitted evidence regarding defendant's background in mixed martial arts training because the testimony did not constitute other acts evidence that would have prejudiced the jury or prove he was more likely to commit the assault with which he was charged. Meanwhile, the jury's decision to reject defendant's theory of self-defense was not unreasonable because the victim denied owning a knife or using one to attack him, while defendant's story changed repeatedly throughout the case and was not supported by any of the physical evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: November 20, 2023, Case #: 2023-Ohio-4170, Categories: evidence, assault, self Defense
J. Bock finds the trial court properly allowed testimony during defendant's assault case concerning his retreat into his home during the altercation with the victim. None of the testimony or jury instructions mentioned anything about a duty to retreat that could have influenced the jury. Furthermore, defendant's decision to escalate the argument with the victim several times by first retrieving a gun from his home and then re-engaging after things had settled down disproved his theory of self-defense. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: October 6, 2023, Case #: 2023-Ohio-3641, Categories: evidence, assault, self Defense
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. Wilson finds that defendant was properly convicted of aggravated assault relating to the death of a restaurant owner. The evidence that the victim's two sons had a "falling out" did not warrant a new trial, and defendant did not give evidence showing he was "entitled to a self-defense jury instruction." Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 8, 2023, Case #: 14-21-00461-CR, Categories: evidence, assault, self Defense