7 results for 'cat:"Evidence" AND cat:"Firearms" AND cat:"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. 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. Mays upholds defendant's assault and weapons convictions. While conflicting testimony was presented at defendant's trial on assault and weapons charges, the jury was in the best position to determine the credibility of witnesses, including the victim, and because his story satisfied all elements of the assault offenses, defendant's convictions were not against the weight of the evidence. However, because none of the testimony at trial placed defendant near a public roadway, his conviction for discharge of a firearm upon or over a public roadway was not supported by sufficient evidence and must be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: September 7, 2023, Case #: 2023-Ohio-3150, Categories: evidence, firearms, assault
J. Neeley finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. After an initial mistrial, the state reindicted defendant, clarifying the wording of the manner and means of committing the offense, and he pled not guilty after his motion to dismiss on limitations grounds was denied. Both the victim and defendant’s ex-girlfriend testified that he displayed a firearm, shooting in the direction of the victim. The first shot was near the location where a spent shotgun shell casing was later found. Other spent shell casings were found in a van along with defendant’s phone. From this evidence, a jury could have found beyond a reasonable doubt that defendant knowingly threatened the victim with imminent bodily injury while using or exhibiting a firearm. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 1, 2023, Case #: 12-22-00304-CR, Categories: evidence, firearms, assault
J. Zimmerman finds the trial court did not violate defendant's constitutional right to indictment by a grand jury when it granted the state's motion to alter the date of his crimes on the indictment. None of the crimes or his alleged actions changed as a result of the motion, which was merely used to correct a mistake in the initial filing. Meanwhile, defendant's identity as the shooter was properly established by both eyewitness testimony from the victim and another witness, as well as surveillance footage of defendant's dispute with the victim prior to the shooting. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: June 29, 2023, Case #: 2023-Ohio-2193, Categories: evidence, firearms, assault
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J. Soto finds a lower court ruled correctly in convicting defendant of aggravated assault with a deadly weapon after a woman was shot at an apartment complex following an argument. Defendant argued there was not sufficient evidence to convict him, but while “the record contains no direct evidence” that he was the shooter, the “cumulative force of the circumstantial evidence,” including the lack of any other suspects at the scene when the woman was shot, was enough evidence to convict him. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: June 23, 2023, Case #: 08-22-00211-CR, Categories: evidence, firearms, assault
J. Riedmann finds the trial court properly convicted defendant for assault, use of a firearm to commit a felony and prohibited firearm possession. Defendant allegedly shot his mistress in the thigh after she broke his necklace during a night of partying. Text messages were properly admitted, the import being not that a particular involved party sent the messages, but that defendant received them, and his responses did not negate or dispute his shooting of the victim. All evidence is sufficient to support conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: May 30, 2023, Case #: A-22-504, Categories: evidence, firearms, assault