49 results for 'cat:"Evidence" AND cat:"Domestic Violence"'.
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. Mayle finds defendant's domestic violence conviction is supported by sufficient evidence. Testimony from hospital staff about the injuries sustained by the victim, including a fractured orbital bone and bruising, established she suffered serious physical harm, while descriptions of defendant's behavior at the hospital, which included yelling at the victim and showing no concern, established he was the perpetrator of the offense. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 3, 2024, Case #: 2024-Ohio-1711, Categories: evidence, domestic Violence
J. Bower finds that defendant was properly convicted of domestic abuse assault, third offense, because a witness statement indicating the witness was employed as a parole officer did not constitute the introduction of prior bad acts or affect the outcome of the trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 24, 2024, Case #: 22-0861, Categories: evidence, domestic Violence
J. Bulla finds the trial court improperly convicted defendant for misdemeanor domestic battery. Defendant and his wife were involved in an incident after he discovered she had an affair. Defendant denied strangling his wife, though he admitted to carrying her against her will in a "bear hug" after she had run off into the desert threatening suicide. The jury could have found that defendant's "bear hug'' was necessary, being he is a trained EMT, and the couple lived in a remote location. He was entitled to assert a necessity defense in connection with that act. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: April 22, 2024, Case #: 86040-C0A, Categories: evidence, Battery, domestic Violence
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J. Aoyagi finds the evidence was legally sufficient to convict defendant of second-degree kidnapping and domestic violence. “After viciously assaulting and strangling [the victim]—including breaking her nose—defendant dragged [the victim] by her neck out of the motorhome, into the shed, and into his Jeep, and then attempted to leave the property with her.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: March 6, 2024, Case #: A178684, Categories: evidence, domestic Violence, Kidnapping
J. Bevan finds that the trial court was within its discretion to admit evidence of a misdemeanor theft conviction for its probative value in determining defendant's truthfulness in a domestic battery trial. The evidence was not unfairly prejudicial since it did not suggest defendant had a history of violence, but rather that he was lying about assaulting his girlfriend. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: February 29, 2024, Case #: 50026, Categories: evidence, domestic Violence
J. Lindsey finds the trial court properly entered a final judgment convicting defendant of violating a domestic violence injunction and sentencing him to 12 months' probation. The trial court did not err in admitting evidence of a window defendant broke on a car that was in his ex-girlfriend's name, which he had been driving on the day in question but the keys for which had been returned to the girlfriend by police, as it established context of the charged violation of the domestic violence injunction and not an uncharged crime as defendant argues. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: February 28, 2024, Case #: 22-1593, Categories: evidence, domestic Violence
J. Erickson finds a lower court properly dismissed a defendant's motion for a new trial on claims of violations of his Fifth and Sixth Amendment rights. The defendant, who was convicted on charges of kidnapping, interstate domestic violence, and strangulation, argued that the lower court excluded evidence that his dating partner had undergone previous trauma, which included past abortions and the death of her previous partner, who committed suicide. However, the government sufficiently showed in court that his attempt to present evidence of her prior trauma did not bolster his alleged innocence, and that she was not a willing participant in the "alleged consensual asphyxiation." Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 28, 2024, Case #: 23-1345, Categories: evidence, domestic Violence, Kidnapping
J. Moore finds that defendant failed to preserve his claim that the trial court improperly allowed a prior domestic violence conviction to be introduced as propensity evidence at trial. Nonetheless, the admission was not an abuse of discretion, and even if it was error, it was not prejudicial. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 27, 2024, Case #: G063090, Categories: evidence, domestic Violence
J. Tookey finds the trial court properly admitted an English translation of victim’s 911 call, which was in Spanish. The court “properly considered whether the translation’s probative value was substantially outweighed by the danger of misleading the jury.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: February 22, 2024, Case #: A178230, Categories: evidence, domestic Violence
J. Hiland finds the trial court properly convicted defendant for domestic battery based on sufficient evidence. Defendant's fiancé's toddler, who was found unconscious while with defendant, suffered a severe brain bleed, which led to the diagnosis of physical child abuse. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: February 22, 2024, Case #: CR-23-603, Categories: evidence, domestic Violence, Child Victims
J. Rice finds the trial court was within its discretion to admit evidence of prior domestic violence in a trial that ended with defendant's conviction for felony Partner or Family Member Assault. The prior act evidence showed his specific hostility toward the victim and provided context for the victim's reluctance to talk to police. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: February 13, 2024, Case #: DA 21-0586, Categories: evidence, domestic Violence
J. Biles finds a lower court properly denied a defendant's motion for monetary damages after his felony conviction for interference with law enforcement was reversed in court. The defendant argued that he is entitled to damages for the reversal of his conviction. However, the government sufficiently showed in court that he obtained summary judgment and not a dismissal, which does not trigger monetary relief. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 26, 2024, Case #: 126,247, Categories: evidence, Sentencing, 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. Bishop finds the district court properly affirmed its entry of a domestic abuse protection order against a woman's ex-boyfriend. Sufficient evidence involving the ex-boyfriend's uninvited entry into her home, his threats and assault, and calling her from a "no caller ID" telephone number support the order. Furthermore, he placed her in fear of bodily injury by way of credible threat implied by a combination of his conduct and communications. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: December 26, 2023, Case #: A-23-271, Categories: evidence, domestic Violence, Restraining Order
J. Delaney finds the trial court properly granted the state's motion to suppress evidence of the victim's prior violent behavior. Although defendant proceeded with a theory of self-defense, it was clear he was unaware of any previous violence on the victim's part at the time of the incident that led to domestic violence charges; therefore, the evidence would not have affected the outcome of the trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 21, 2023, Case #: 2023-Ohio-4692, Categories: evidence, domestic Violence, Self Defense
J. Williamowski finds defendant's domestic violence convictions were not against the weight of the evidence. Although the victim admitted she struck him in the face during their altercation, she testified she acted in self-defense after he began the fight, while her claims were also supported by the arresting officer's description of red thumbprints on her neck when he arrived at the home. Meanwhile, the trial court properly denied defendant's motion for a self-defense jury instruction because his theory of the case was based on his claim he never struck or caused any harm to the victim and, therefore, could not establish he used justifiable force against her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: December 4, 2023, Case #: 2023-Ohio-4363, Categories: evidence, domestic Violence, Self Defense
J. Boyle finds that evidence during defendant's trial on domestic violence and child endangerment satisfied all elements of the offenses, including the creation of a substantial risk of serious harm. The corporal punishment administered, which included whipping the victim with a belt with such force that he had visible bruises the next day and could not walk into school, was not a reasonable form of parental discipline. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: November 30, 2023, Case #: 2023-Ohio-4316, Categories: evidence, domestic Violence, Child Victims
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