13 results for 'cat:"Evidence" AND cat:"Harassment"'.
J. Joyce finds the trial court erred in issuing a permanent stalking protective order (SPO) against an individual. There was insufficient evidence that the individual's conduct gave the ex-girlfriend "reasonable apprehension" for her personal safety. Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 14, 2024, Case #: A181002, Categories: evidence, harassment
J. Clark finds that the lower court improperly convicted defendant of harassment for calling his neighbor's employer and falsely accusing him of exposing himself to children. The state improperly admitted defendant's telephone records into evidence without properly establishing them as business records. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: January 2, 2024, Case #: ED110897, Categories: evidence, harassment
J. Hellman finds the trial court properly ordered defendant to pay restitution for the victim’s chiropractic treatment, copays and lost wages. “Evidence supports a finding that defendant’s criminal conduct was the factual cause of [victim’s] symptoms” which arose as a result of "an abusive and traumatic romantic relationship." Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 20, 2023, Case #: A178025, Categories: evidence, harassment
J. Badding finds that defendant was properly convicted of second-degree harassment following a road rage incident because defendant was not being threatened when he pulled out a gun and told the victim he was going to kill him. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: November 21, 2023, Case #: 22-1755, Categories: evidence, harassment
J. Shorr finds the trial court properly admitted expert testimony describing defendant’s past conduct that helped convict defendant of harassment. “That evidence is relevant to the expert’s opinion and its probative value is not substantially outweighed by the danger of unfair prejudice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: November 15, 2023, Case #: A176222, Categories: evidence, harassment
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J. Tabor finds that defendant was properly convicted of felony stalking since the prosecutor’s references to defendant's "obsession" with an 18-year-old girl across the street constituted fair comments on the overwhelming evidence of his behavior. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: November 8, 2023, Case #: 22-1978, Categories: evidence, harassment
J. Watkins finds the trial court properly denied defendant's motion for a new trial after he was found guilty of misdemeanor harassment in connection with aggressive and threatening e-mails he sent to staff at a veterinary hospital that terminated him as a client and reported to a state animal services agency that he was neglecting his dog he brought into the hospital with rotting sores and maggots on her skin. In part because defendant has failed to disprove that the weight of the evidence supported his conviction and prove the court erred by admitting into evidence pictures of his dog's condition, and in part because his double jeopardy and ineffective assistance claims also fail, the trial court's decision stands. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 2, 2023, Case #: A23A0793, Categories: evidence, Ineffective Assistance, harassment
J. Foley finds the lower court properly convicted defendant of invasion of privacy for his second violation of a protective order and sentenced him to one year in prison with all but 120 days suspended to probation. While defendant alleges false statements were made regarding probable cause for his original charges, the instant court finds his argument is without merit, and his appellate brief failed to fully develop a legal argument. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: August 3, 2023, Case #: 23ACR832, Categories: evidence, Restraining Order, harassment
J. Ayers finds the lower court properly convicted defendant of three counts of aggravated stalking and one count of stalking for multiple incidents of following a woman and her daughters, attempts to enter their home, and threatening them. Evidence is sufficient to support his convictions and effective eight-year sentence as a multiple offender to be served in a local warehouse. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: July 31, 2023, Case #: W2022-01204-CCA-R3-CD, Categories: evidence, harassment
J. Bower finds that defendant was properly convicted of harassment because sexual intent was proven by the fact that he posted a video of himself having sex with his ex-girlfriend online, without consent. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: July 13, 2023, Case #: 22-0903, Categories: evidence, harassment
J. Christiansen Forster finds that defendant failed to meet her burden to show that the trial court's admission of other-acts evidence resulted in any prejudice in the jury's conclusion that she violated a civil stalking injunction. However, her waiver of counsel at sentencing was not knowingly and intelligently made, as the trial court failed to hold an adequate colloquy. Vacated in part.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: June 2, 2023, Case #: 20210335-CA, Categories: evidence, harassment