6 results for 'cat:"Evidence" AND cat:"Firearms" AND cat:"Robbery"'.
J. Diaz finds the lower court properly denied the defendant's motion to suppress evidence, failed to give his proposed jury instruction, and admitted certain testimony. The defendant robbed a coin store owner at gunpoint, handcuffed the owner, and duct-taped his wrists and ankles together. A notebook found at the scene contained the defendant's fingerprints. Police searched his vehicle and apartment and found the coin store owner's firearm along with several pieces of currency matching what was taken from the store. The defendant moved to suppress the evidence seized during the search on the ground that the search warrant affidavit failed to establish probable cause, but his fingerprints were probative to suspect him as the robber. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 16, 2024, Case #: 22-4726, Categories: evidence, firearms, robbery
J. Reynolds Fitzgerald finds that defendant was properly convicted of attempted murder, attempted assault, robbery, burglary and weapon possession stemming from an altercation at a motel because the verdict was supported by testimony from the robbery victim, who had been shot in the leg in his motel room, and from codefendant, who struggled with the victim. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: February 29, 2024, Case #: 111647, Categories: evidence, firearms, robbery
J. Robinson finds that defendant was properly convicted of armed robbery and being a felon in possession of a firearm for robbing a gas station. In this case, defendant's DNA was found on the ski mask that was described by the victim and seen in the surveillance footage. The ski mask was found near the gas station in the direction the perpetrator fled after the robbery. Further, the victim's stolen cell phone was found near the ski mask by a police dog. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: February 28, 2024, Case #: 55,569-KA, Categories: evidence, firearms, robbery
J. Kobes finds a lower court properly convicted a defendant for Hobbs Act Robbery, but erred in failing to dismiss claims of possession of a firearm in furtherance of a crime of violence. The defendant argued that there was insufficient evidence concerning his plans to rob a drug dealer. However, the government presented sufficient evidence in court that surveillance revealed that the defendant would have carried out the crime armed with a rifle, which he unknowingly planned with a confidential informant. Affirmed in part.
Court: 8th Circuit, Judge: Kobes, Filed On: August 24, 2023, Case #: 22-1759, Categories: evidence, firearms, robbery
J. Golemon finds the trial court properly convicted defendant for aggravated robbery. The victim was robbed and shot while gambling in the parking lot of a Waffle House and was driven to the hospital by his cousin. He and his cousin identified defendant as the shooter from a photo lineup shown by investigators. Though the court erred in admitting the victim’s written statement made from the hospital and not at a hearing giving the other party an opportunity to develop it by examination, this error did not affect defendant’s substantial rights. Detective testimony and other evidence proved claims made in the written statement. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 23, 2023, Case #: 09-21-00171-CR, Categories: evidence, firearms, robbery
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. Gruber finds the trial court properly convicted defendant for two counts of aggravated robbery and theft of property, with firearm sentencing enhancements. Two female pizza shop workers sat in their car after closing when they were robbed at gunpoint by a man who had arrived to the parking lot in a brown SUV. After he left, the women called 911, and when officers arrived, they took them to a location where the perpetrator had already been apprehended. The women ID’d him and his SUV. Surveillance video, as well as other eyewitness accounts supports the proof of defendant’s identity. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: May 31, 2023, Case #: CR-23-5, Categories: evidence, firearms, robbery