68 results for 'cat:"Evidence" AND cat:"Due Process"'.
J. Kemp finds the trial court properly convicted defendant for capital murder and aggravated robbery, sentencing him to life plus 40 years in prison. A homeowner called her husband about a suspicious person at the house and the husband, on his way home, found a body in the street with multiple gunshot wounds. Police dash cam recorded defendant escaping in the victim's truck, and the victim's DNA was discovered on defendant's bloody pants when he was later arrested on multiple warrants. Defendant does not challenge the sufficiency of the evidence. Certain evidence was properly admitted as cumulative of other evidence admitted at trial, and Ring camera photos of the truck were properly authenticated by detective testimony. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: May 2, 2024, Case #: CR-23-574, Categories: evidence, Murder, due Process
J. Kelley allows in part the motion to access a third party’s mental health records and criminal offender record information of a man granted a new trial after serving approximately 30 years in prison for allegedly raping a 78-year-old woman. The third party is a woman with substance abuse disorder who had a tumultuous intimate relationship with the man, and she had provided testimony that the man confessed of the rape to her. Some of the documents sought are protected by the Public Health Service Act but her “non-communicative mental health records pertaining to her
diagnoses and treatment—are not privileged.”
Court: USDC Massachusetts, Judge: Kelley, Filed On: April 22, 2024, Case #: 1:18cv10147, NOS: Other Civil Rights - Civil Rights, Categories: evidence, due Process, Discovery
J. Zimmerman finds defendant's due process rights were not violated when the trial court failed to record in-chambers discussions held with both parties. He offers only speculative arguments as to why the contents of these discussions would benefit him or prove prejudice. Meanwhile, although a portion of lab tests were inconclusive as to whether the substance trafficked by defendant was cocaine, testimony from the confidential informant and defendant's own assertion during the drug sale the substance was cocaine was sufficient for the jury to convict him of drug trafficking. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: April 9, 2024, Case #: 2024-Ohio-1333, Categories: Drug Offender, evidence, due Process
J. Zayas finds the trial court properly denied a citizen’s motion to suppress his statements made to the police officer regarding his engagement in prostitution. The citizen argues the trial court erred by not reading his Miranda rights and he was subjected to a custodial interrogation because he is not fluent in English. He voluntarily spoke to the police officer in a brief questioning and was not subjected to compelling pressures. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: April 3, 2024, Case #: 2024-Ohio-1257, Categories: evidence, Prostitution, due Process
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J. Jennings grants the employer's motion for summary judgment on a former worker's claims of constructive discharge, disability discrimination, hostile work environment, retaliation, and wage and hour law violations. The employee was told she could not use overtime hours to complete work notes. She did not inform the employer she was working overtime rather than using flex time, and there was no way for the employer to know otherwise. The employee did not respond to the employer's motion for summary judgment within the allotted time, even after an extension was granted.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 22, 2024, Case #: 3:21cv733, NOS: Other Civil Rights - Civil Rights, Categories: evidence, due Process, Employment Discrimination
J. Alley finds a lower court ruled correctly in a quo warranto case in which Texas sued to remove a Kerr County commissioner because that commissioner had pleaded guilty to felony burglary in 1973 at age 17, and people with felony convictions are not eligible to hold public office in Texas. The commissioner raised a number of issues on appeal, including arguing that his guilty plea was most equivalent to modern-day deferred adjudication and therefore was not a conviction, but the 1973 judgment “unambiguously characterizes itself” as a conviction, and the commissioner’s arguments rely heavily on recollections of conversations with his now-deceased attorney. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: March 15, 2024, Case #: 08-23-00319-CV, Categories: evidence, Government, due Process
J. Greer finds the immigration judge properly denied the El Salvadoran citizen's application for withholding of removal and protection. The immigrant was ordered removed for not having proper documentation after entry. He is properly found not to be included in the category of individuals covered by a cited regulation because he was not initially placed in expedited removal proceedings and immigration services did not adjudicate his asylum application. The immigrant did also not establish a nexus to his family-based particular social group, though the judge should consider additional evidence on remand. Affirmed in part.
Court: Board of Immigration Appeals, Judge: Greer , Filed On: March 14, 2024, Case #: 4074, Categories: evidence, Immigration, due Process
J. Gremillion finds the lower court improperly accepted defendant’s guilty plea. Defendant pleaded guilty via an Alford plea, and was convicted of raping his step-daughter for which he received a sentence of 20 years hard labor without the possibility of probation, parole or suspension of sentence. On appeal, defendant argues there was insufficient evidence to support his guilty plea so the lower court should never have accepted it. The instant court agrees the lower court failed to find sufficient factual basis for accepting defendant’s plea, and remands the matter for an evidentiary hearing to determine if there is sufficient evidence to support the guilty plea and to determine if it was knowingly and voluntarily given.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: March 13, 2024, Case #: 23-681, Categories: evidence, Sex Offender, due Process
J. Cadish denies the Nevada Bar's petition for reciprocal discipline of Jeffrey Gray Thomas, who was disbarred in California. The attorney was disbarred for multiple counts of professional misconduct related to filings, as well as threats made to opposing counsel. In Nevada, he failed to self-report his disbarment in California, as required. The discipline is not warranted because disbarment in Nevada is not equivalent to the same in California. Disbarment in Nevada is irrevocable whereas in California a disbarred attorney may seek reinstatement after five years.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 8, 2024, Case #: 87346, Categories: evidence, due Process, Attorney Discipline
J. Bell finds the trial court improperly convicted defendant for murder. The state admitted a recording of a phone call defendant made to his defense during pretrial detention in which he indicated his presence at the murder scene. Though the state argues defendant violated jail policy by using another inmate's telephone access code and waived his attorney-client privilege by making a three-way call, this is not sufficient to establish waiver of attorney-client privilege. The recording was improperly admitted. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 7, 2024, Case #: 83672, Categories: evidence, Murder, due Process
J. Pirtle finds the county court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant was charged with 15 counts pertaining to the sexual abuse of his 15- and 11-year-old daughters and 13-year-old son. He pleaded no-contest to six of the charges. Postconviction claims of ineffective assistance and court errors are procedurally barred because they were or could have been litigated on direct appeal. Defendant has also failed to demonstrate the judge showed any bias by his ruling on his own alleged error. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 5, 2024, Case #: A-23-428, Categories: evidence, Sex Offender, due Process
J. Thyer finds the county court properly entered a protection order against the ex-husband. Text messages show he began harassing his ex-wife, saying she was undermining his relationship with their children and that she owed him for certain property. Calls and texts resulted in the ex-wife's asking police to perform a welfare check on the potentially suicidal ex-husband, following which he sent her texts about guns and threatened her. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 28, 2024, Case #: CV-23-91, Categories: evidence, due Process, Restraining Order
J. Hurd grants a self-represented litigant’s motion for reconsideration and reinstates his fabricated evidence claim against a group of Syracuse police officers and detectives. He alleges the authorities fabricated evidence to frame him for a murder cold case. The court finds that, due to a change in the prevailing law following Second Circuit’s ruling in Barnes v. New York City, the underlying events in his claim satisfy the requirement that he show a causal connection between the alleged falsified evidence and a deprivation of his liberty interests.
Court: USDC Eastern District of New York, Judge: Hurd, Filed On: February 8, 2024, Case #: 5:20cv1489, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, evidence, due Process
J. Mann finds the lower court properly denied the motion to suppress an out-of-court identification and the subsequent in-court identification. A masked man attempted to rob a man and his son, but the man grabbed the gun when he noticed by the size of its barrel that it was a BB gun. The responding police officer, after hearing the masked man was skinny, young, Caucasian, and brown-eyed, showed the victim a photo of a light-skinned Latino resident who lived in the area, and the man immediately recognized him as the assailant. The officer’s comment acknowledged that he was unsure about his suspicion of the light-skinned man and had only provided the photograph of him because the officer believed he roughly matched the description given by the victim. The officer’s comments did not create circumstances that induced the victim to inevitably identify the light-skinned man. Affirmed.
Court: Virginia Supreme Court, Judge: Mann, Filed On: February 8, 2024, Case #: 220445, Categories: evidence, Robbery, due Process
J. DiPentima finds that while the attorney's disciplinary hearing, which resulted in her disbarment, took place immediately following the court's hearing on the attorney's claims of bias, her due process rights were not violated. She had previously been advised of the hearing schedule and was provided with a full and fair opportunity to present arguments during each hearing. Meanwhile, the court's decision to disbar the attorney was supported by competent and credible evidence, including that the attorney's bias claims were frivolous and based almost entirely on decisions made against her client in previous cases. Affirmed.
Court: Connecticut Court Of Appeals, Judge: DiPentima, Filed On: February 2, 2024, Case #: AC45424, Categories: evidence, due Process, Attorney Discipline
Per curiam, the court of appeals denies the city's petition for a writ of mandamus challenging the trial court’s denial of a combined traditional and no-evidence motion for summary judgment. Because the city’s motion does not specifically state each element of the suspended union member's claims on which it says he did not have evidence to support his claims, it does not comply with rules of a no evidence motion. Also, the record filed to support the petition does not include all exhibits the court considered when ruling on the hybrid motion.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: February 1, 2024, Case #: 09-23-00197-CV, Categories: evidence, due Process, Labor / Unions
J. Lowy affirms defendant’s murder conviction for killing his wife. The defendant claims his daughter’s murder and the testimony of two latent print examiners should not have been allowed in evidence, that not enough was done to rule out the possibility of a different culprit, and that there wasn’t enough evidence to identify him as the culprit or establish his crimes’ premeditation, but he fails to substantiate any reversible error. Affirmed.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 30, 2024, Case #: SJC-12420, Categories: evidence, Murder, due Process
J. Womack finds the trial court properly convicted defendant for murder based on sufficient evidence, including eyewitness testimony. The prosecution's mentioning that defendant went to the victim's home to recover his car, which was sold while he was in jail, implied a conviction for that offense. The prosecution was duly warned after the defense objected, and the statement does not support a mistrial. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: January 25, 2024, Case #: CR-23-1, Categories: evidence, Murder, due Process
J. Harrison finds the trial court properly convicted defendant for possession of meth based on sufficient evidence. Defendant was found by his parole officer during a home visit to be under the influence of and in possession of meth. Furthermore, the jury properly declined defendant's challenge to evidence sufficiency based on the inability of the officer who measured amounts of the drug to testify, who was killed in the line of duty. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 24, 2024, Case #: CR-22-732, Categories: Drug Offender, evidence, due Process
J. Moore finds the trial court properly denied defendant's motion seeking postconviction relief following an evidentiary hearing. Defendant was convicted for attempted murder for the shooting of his deceased (by suicide) cousin's surviving girlfriend. Ever-changing postconviction testimony of another cousin and defendant's brother regarding the identity of the shooter is not credible. Evidence presented in the evidentiary hearing cannot overcome the strength of the victim’s trial testimony identifying defendant as the shooter. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-22-869, Categories: evidence, Murder, due Process
J. Cassel, on review from the court of appeals, finds the court properly affirmed the trial court's overruling of the father's motion to vacate a protection order. Although the father challenges the appeals court’s evidentiary ruling excluding an affidavit, part of it was inadmissible, and he failed to offer the admissible portion. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: January 19, 2024, Case #: S-23-195, Categories: evidence, due Process, Restraining Order
J. Hudson finds the trial court properly convicted defendant for first-degree murder based on sufficient evidence. The fiancé of the victim testified that defendant, during an altercation at the victim's house, hit the victim with a baseball bat, and returned to the home several times while carrying a gun. Defendant shot the victim at a party soon after. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: January 18, 2024, Case #: CR-22-615, Categories: evidence, Murder, due Process
J. Soto finds a lower court ruled correctly in denying a writ of attachment sought by defendant, who wished to compel a subpoenaed witness to testify in court after defendant was charged with assault and other crimes. That witness, who provided incriminating evidence against defendant during a police investigation, was also heard on bodycam using a racial slur to refer to defendant, who argued the court should have forced her to testify in person so that “the jury could observe her demeanor and judge her credibility when questioned about her racist statement” under the theory that her perception of events could have been tainted by racial bias. But the witness was not the only person to offer incriminating evidence against defendant, and her virtual testimony nonetheless showed that she “lied in court and used the racial slur.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 16, 2024, Case #: 08-23-00091-CR, Categories: evidence, due Process, Witnesses
J. Wood finds the trial court properly convicted defendant by guilty plea for first-degree murder based on sufficient evidence. The 77-year-old victim was found with a gunshot wound to the face during an officer's welfare check, and witnesses identified defendant running from the residence after they had heard a gunshot. Defendant's waiver of his right to counsel was voluntary, knowing, and intelligent. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 10, 2024, Case #: CR-22-701, Categories: evidence, Murder, due Process
J. Arterburn finds the county court properly declined to approve the personal representative deeds in an estate dispute. The deeds were applied for by the representative and son of the decedent contemporaneously with the recording of joint tenancy warranty deeds and would have distributed property differently from the decedent's will. The record indicates there are various execution dates of the deeds, uncertain sets of terms, erroneous legal descriptions, the possible misnaming of grantors or grantees, and undue influence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: January 2, 2024, Case #: A-22-920, Categories: evidence, Wills / Probate, due Process
J. Hiland finds the trial court properly convicted defendant for first-degree murder and sentenced him to life imprisonment. After defendant learned his sister had accused his best friend of raping her, he shot the friend multiple times, killing him. Defendant admitted this to his wife and was arrested after requesting a lawyer through his squad leader in the Arkansas National Guard. The record has been examined for all objections, motions, and requests made by either party decided adversely to him and no prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: December 7, 2023, Case #: CR-23-72, Categories: evidence, Murder, due Process
J. Trapp finds defendant's due process rights were not violated when the trial court denied her motion for a continuance when she failed to appear at the start of the trial. She was fully aware of the start time, had attended previous hearings and did not provide a reason why she was involuntarily prevented for arriving on time, other than her "ride fell through." Meanwhile, surveillance footage of defendant at her husband's home, coupled with the husband's 911 call and testimony that she told him she was taking their child, was more than enough evidence to convict her of kidnapping. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: December 4, 2023, Case #: 2023-Ohio-4369, Categories: evidence, Kidnapping, due Process
J. Wright finds the trial court properly convicted defendant for capital murder. Though defendant pleaded not guilty by reason of insanity to beating his 2-year-old daughter to death with a hammer, objecting to the admission of evidence of voluntary intoxication, his insanity plea allowed for the rebutting evidence of voluntary intoxication. That he admitted to officers after his arrest that he was aware of what he did and that he knew it was wrong also successfully rebuts the insanity defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: November 29, 2023, Case #: 09-21-00273-CR, Categories: evidence, Murder, due Process