144 results for 'cat:"Evidence" AND cat:"Assault"'.
J. Pirtle finds the trial court properly convicted defendant for negligent child abuse. Defendant's 15-year-old daughter testified that her father whipped her on the backs of her legs with a phone charging cord after she refused to give him her phone out of fear that he might break it like he had done before. During the altercation and the daughter's attempts to escape, the father also puncher her in the face and sexually assaulted her. Sufficient evidence, including family testimony and the consistency of the victim's injuries supports the conviction. No abuse of discretion is found. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 14, 2024, Case #: A-23-255, Categories: evidence, assault, Child Victims
J. Arterburn finds the county court properly entered the modified domestic abuse protection order. The wife filed a petition to obtain the protection order for her and her minor child, alleging several incidents involving property destruction and threats of physical violence. It is undisputed the husband threw drinks on the floor and at his wife, ripped her underwear off her body, shoved her and threatened to punch her. The husband presented no evidence to show cause why the protection order should not remain in effect. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: May 7, 2024, Case #: A-23-772, Categories: evidence, Restraining Order, assault
J. Palafox finds a lower court did not err in convicting defendant of assault with a deadly weapon against someone with whom he’d had a dating relationship. Defendant argued the court had not adequately considered his self-defense argument that the woman had tried to run him over with a car, but the jury was “free to disbelieve” this “conflicting” explanation.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 6, 2024, Case #: 08-23-00238-CR, Categories: evidence, assault
J. Smith finds that despite defendant's claim he did not open his knife before he threw it at the moving vehicle being driven by the victim, his murder and assault convictions were supported by sufficient evidence and the state proved intent by introducing testimony from a hotel employee that he and the victim had argued before she drove away, as well as surveillance footage that showed him throwing the knife. The issue of whether defendant opened the knife consciously prior to throwing it was irrelevant because his decision to throw the object clearly proved an intent to cause harm, while his initial denial of throwing anything also weighed against his credibility as a witness. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: May 1, 2024, Case #: 2024-Ohio-1680, Categories: evidence, Murder, assault
J. Russell finds that the lower court properly convicted defendant of assault after admitting a surveillance video into evidence. The video was on a motion-sensor system, so it did not record continuously through the incident, but only in 30-second clips, which partially captured the incident. The rule of completeness does not apply to this evidence because there was no greater whole video of which the 30-second clips were a part. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: April 30, 2024, Case #: SC100188, Categories: evidence, assault
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J. Soto finds a lower court did not err in finding defendant guilty of assault with a deadly weapon. Defendant argued the court erred by allowing testimony on his previous domestic violence incidents, but those previous incidents were part of a pattern of violence and therefore relevant, as they “provided the jury with an explanation” for his actions “other than self-defense.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 30, 2024, Case #: 08-23-00232-CR, Categories: evidence, Fair Trial, assault
J. Ransom finds that the lower court properly convicted defendant of assault and armed criminal action after failing to appoint counsel at her initial appearance and excluding certain evidence of the victim's violence behavior during trial. Defendant was not entitled to counsel at an initial appearance, and the court reasonably allowed only two of six accounts of the victim's alleged violent character to support defendant's claim that the victim started the fight. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100303, Categories: evidence, Ineffective Assistance, assault
J. Abele finds that while three eyewitnesses failed to mention defendant as one of the victim's two assailants when police initially interviewed them, their statements at trial, all of which indicated defendant had beaten the victim who later died of his injuries, were sufficient to convict him of assault. The jury was in the best position to determine their credibility and the testimony was bolstered by photos of defendant's swollen and injured hands. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 25, 2024, Case #: 2024-Ohio-1673, Categories: evidence, assault
J. Waldick finds the trial court properly admitted the victims' 911 calls into evidence at defendant's trial on attempted murder and assault charges. The calls were made while defendant attempted to break into the victims' home and immediately after he had assaulted his girlfriend, one of the victims; therefore, the calls were admissible under the present sense impression hearsay exception. Meanwhile, the trial court properly allowed the prosecution to provide details about defendant's prior conviction for attempted murder because the facts of the previous case were similar and established relevance, while the state did not include any prejudicial or inflammatory details likely to influence the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: April 22, 2024, Case #: 2024-Ohio-1534, Categories: evidence, Jury, assault
J. Hixson finds the lower court properly convicted defendant of attempted second degree murder, aggravated assault and employment of a firearm during the commission of a dangerous felony when he punched, then shot a man nine times as he was inspecting his car for damage after a crash. Though defendant argues that witness identification of him as the suspect was questionable, the lower court felt otherwise. Evidence is sufficient to support his convictions and effective 20-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: April 22, 2024, Case #: M2022-01644-CCA-R3-CD, Categories: evidence, Murder, assault
J. Egan finds the trial court properly denied defendant’s motion for a new trial. Court “permissibly determined that any prejudice would be sufficiently mitigated by striking the testimony about prison and instructing the jury to disregard what they had heard.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A179612, Categories: evidence, assault, Menacing
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. Moore finds the trial court properly convicted defendant for assault and use of a deadly weapon based on sufficient evidence. A couple travelling with their children were stabbed by the ex-girlfriend of a friend with whom the couple were staying. When the ex-girlfriend's brother confronted the ex-boyfriend for breaking up with his sister, the ex-girlfriend was also seen running from the ex-boyfriend's house. The couple were later found to have been stabbed. All factors were properly considered for sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: April 2, 2024, Case #: A-23-407, Categories: evidence, assault, Weapons
J. Brodie rules on a series of expert and evidence-related motions in a negligence case against American Airlines, who was sued by a passenger alleging she was sexually assaulted by a drunk passenger during a flight from Phoenix to New York. Notably, the court allows evidence related to the litigant’s history of sexual abuse and assault to be presented at trial, but only for the purposes of identifying sources of prior trauma or apportionment of damages.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 20, 2024, Case #: 1:18cv6110, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, Experts, assault
J. Sullivan finds that the lower court properly sentenced defendant after a jury convicted him of robbery, aggravated assault and related crimes while on parole; all the charges stem from defendant’s robbery of a victim at gunpoint after hiding in the victim’s vehicle. Using location data from defendant’s GPS ankle monitor to link him to the crime is reasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S09039-23, Categories: evidence, Robbery, assault
J. Miller finds the trial court did not violate defendant's confrontation rights when it admitted the victim's testimony from a pretrial hearing during defendant's case on assault and abduction charges. Although the victim was unable to testify at trial, defendant thoroughly cross-examined him during the hearing. Meanwhile, the trial court properly denied defendant's motion to admit evidence he was cleared of a false accusation of assault against the same victim because the victim did not make the accusation and, therefore, defendant could not impeach his testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: March 11, 2024, Case #: 2024-Ohio-886, Categories: Confrontation, evidence, assault
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. Wedemeyer finds the lower court properly convicted defendant of assault, kidnapping, possession with intent to sell or deliver heroin, four counts of possession with the intent to sell or deliver four different scheduled drugs, and possession of drug paraphernalia. Police were called to respond to a possible domestic disturbance at a motel. The room in which defendant had been staying was the subject of the call and subsequent search where a variety of drugs and paraphernalia were discovered; and evidence of assault against defendant’s girlfriend was also observed. Though defendant argues search of the motel room and cell phones was not proper, the lower court found no error with the searches and the instant court agrees. Evidence is sufficient to support defendant’s convictions and effective sentence to 14-years incarceration. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wedemeyer, Filed On: March 6, 2024, Case #: M2022-01233-CCA-R3-CD, Categories: Drug Offender, evidence, assault
J. Ortega finds the trial court erred in admitting the state’s proffered evidence regarding defendant’s gang affiliation. State “failed to meet its burden to establish that it was offering a theory of relevance for the evidence that does not depend on propensity reasoning.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: February 28, 2024, Case #: A174188, Categories: evidence, Firearms, assault
J. Chehardy finds that defendant was properly convicted of aggravated assault with a firearm. There was testimony that defendant entered a convenience store and made threats, then returned waving a firearm at the workers behind the counter. One of the victims testified that defendant threatened to kill another victim twice and that the victim told her, "I could have lost my life" after the crime. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: February 28, 2024, Case #: 23-KA-376, Categories: evidence, assault
[Consolidated] J. Goleman finds the trial court properly convicted defendant for assault by impeding breath and causing bodily injury. A neighbor testified the couple, who lived in a tent, were involved in a boisterous domestic dispute that continued through the evening. The neighbor saw defendant grab his girlfriend in a "bear hug" when trying to force her back into the tent. Defendant only lodged a hearsay objection to out-of-court statements made by the girlfriend, who did not appear, and failed to preserve his claim the admission violated his right to confrontation. Affirmed.
Court: Texas Courts of Appeals, Judge: Goleman , Filed On: February 28, 2024, Case #: 09-23-00113-CR, Categories: Confrontation, evidence, assault
J. Wilkin finds testimony from the co-defendant was sufficient to convict defendant of theft. It established all elements of the crime and proved that defendant's destruction of the remote control prevented the victim from retrieving his drone before he left the scene of the crime, while both the drone and remote were also later found burned in defendant's fire pit. Meanwhile, the trial court properly admitted a detective's testimony about the VIN number of the vehicle driven by defendant during the crime without providing any verification of the number because the evidence was cumulative and defendant's ownership of the vehicle was supported by other testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-805, Categories: evidence, Theft, assault
J. Zmuda finds that while defendant denied being at the scene of the crime where a gun was fired and the victim was pistol-whipped, three witnesses' testimony that he was the perpetrator of the offenses was sufficient to convict him because the jury was in the best position to determine the credibility of all the witnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: February 26, 2024, Case #: 2024-Ohio-694, Categories: evidence, Firearms, assault
J. Inos denies a release pending appeal for defendant, who was convicted of sexual and aggravated assault. Despite evidence defendant has no plans to flee or his lack of prior convictions, due to the risk of danger based on the violence of this conviction, defendant does not meet standards for release.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: February 26, 2024, Case #: 2023-SCC-12, Categories: evidence, Sex Offender, assault
J. Foster finds a lower court properly convicted and sentenced a defendant on charges of three counts of aggravated assault. The defendant argued that the lower court erred in denying him a new trial for double jeopardy. However, the government sufficiently showed in court that the defendant fled the scene of a car accident after he rammed his jeep into another vehicle, which resulted in his victim becoming impaired when the impact crushed her lower leg and sternum, resulting in permanent injuries, and that the defendant's convictions are not multiplicitous for separate, numerous offenses. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: February 22, 2024, Case #: 1 CA-CR 22-487, Categories: evidence, assault, Double Jeopardy