19 results for 'cat:"Evidence" AND cat:"Identification"'.
J. Smith finds that defendant was properly convicted of murder and that his objections regarding the admission of certain evidence are without merit. The disputed testimony about a jail telephone call made by defendant in which he threatened an ex-girlfriend was relevant since it showed his knowledge about what had happened to the victim and also rebutted his theory that a different perpetrator murdered the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 18, 2024, Case #: 10-23-00146-CR, Categories: evidence, Murder, identification
J. Greene finds that defendant was properly found guilty of second degree murder and given a life sentence for the shooting death of a victim at a community center where a party was taking place. The witness testimony, cell phone records and other evidence was sufficient to identify defendant as the perpetrator. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 23, 2024, Case #: 2023KA0781, Categories: evidence, Murder, identification
J. Thierry finds that defendant was properly found guilty of armed robbery of a gas station for an incident in which he was accused of hitting the cashier with a beer bottle and taking money from the register. The surveillance video and the police interview was sufficient evidence to identify defendant as the perpetrator of the crime. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: February 21, 2024, Case #: KA-23-135, Categories: evidence, Robbery, identification
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J. Lobrano finds that the trial court should not have granted defendant's motion to suppress identification. Defendant did not show that the victim’s out of court identification was suggestive and that there was a likelihood of misidentification as a result of the identification procedure. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: January 22, 2024, Case #: 2024-K-0024, Categories: evidence, identification
J. Edelstein finds that while the testimony of the state's key witness contained some inconsistencies, including a claim he never touched any weapon used in defendant's crimes that was rebutted by DNA evidence found on a gun magazine, his identification of defendant as the shooter, both at trial and during a photo lineup, was sufficient to convict defendant of the majority of the shooting-related crimes with which he was charged. However, the grainy surveillance footage of the third shooting - the sole physical evidence presented by the prosecution - and the same witness's identification of defendant by his gait was insufficient to prove defendant committed that particular crime and all convictions related to it must be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: January 11, 2024, Case #: 2024-Ohio-92, Categories: evidence, Murder, identification
J. Blane finds that defendant was properly convicted of intimidation with a dangerous weapon and other charges after shooting at a clerk in a convenience store. Defendant wore a mask during the altercation, but the clerk was able to identify him based on his eyes, nose, and mouth. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: January 10, 2024, Case #: 22-1743, Categories: evidence, Weapons, identification
J. Welbaum finds that while there were some inconsistencies between the identification witness's testimony at trial and what she told police at the scene of the crime, her familiarity with defendant rendered her identification reliable, especially considering she identified his picture without being prompted by police and recognized his voice at the scene of the crime. Meanwhile, the identification evidence, which also included details about defendant's clothing and glasses on the night of the murder, and his decision to barricade himself in his girlfriend's home for over two hours when police arrived to arrest him, was sufficient to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: September 15, 2023, Case #: 2023-Ohio-2376, Categories: evidence, Murder, identification
J. Duhart finds the trial court properly denied defendant's motion to suppress the victim's identification evidence, which was the result of an unbiased photo array conducted by two detectives who made no suggestive statements to the victim. Meanwhile, the severity of the victim's injuries, which included several lacerations, eight puncture wounds, and partial disembowelment, was more than enough evidence to support the assault and attempted murder convictions when coupled with the victim's testimony about the attack. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: August 11, 2023, Case #: 2023-Ohio-2800, Categories: evidence, Assault, identification
J. Powell finds the trial court properly denied defendant's motion to exclude voice identification evidence during his robbery trial. The detective who testified was familiar with defendant's voice, having interviewed him for more than 90 minutes in a separate criminal case years before; therefore, the evidence was properly authenticated and the jury was free to use it as a means of identification. Furthermore, defendant's robbery conviction was not against the weight of the evidence, as he fit the description of the suspect who used a car registered to his mother as a getaway vehicle, and his cell phone indicated he was in the area of the crime at the time it was committed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: July 31, 2023, Case #: 2023-Ohio-2632, Categories: evidence, Robbery, identification
J. Duhart finds the trial court properly denied defendant's motion to exclude identification evidence made through the use of a photo array during his murder trial. Although he was the only individual pictured with a unibrow and with a photo taken in front of a white background, the backgrounds of the other images are all different colors, all of the individuals' hairstyles are different, and there is nothing unduly suggestive about the array. Meanwhile, the trial court properly excluded a statement from the mother of a deceased individual who allegedly claimed to be the shooter because the individual had already been investigated and denied any involvement until the admission to his mother more than a year later and immediately before his death; therefore, there was insufficient evidence to support the trustworthiness of the statement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: June 30, 2023, Case #: 2023-Ohio-2243, Categories: evidence, Murder, identification
J. Chaisson finds that the trial court should not have dismissed defendant's petition seeking compensation for wrongful conviction and imprisonment. Defendant presented expert testimony that the victim's identification of defendant as her attacker could have been mistaken based on the science of identification and memory, cross racial identification, the lapse of time between the crime and the positive
identification, and non-blind administration of identification procedures. Further, there was DNA evidence showing that three pubic hairs collected from the crime scene did not belong to defendant. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: June 21, 2023, Case #: 22-CA-12, Categories: evidence, Sex Offender, identification
J. Welbaum finds a victim's statement to police he was shot by "Mont," a nickname used by defendant, and defendant's admission in a jail phone call he was at the address of the shooting immediately before it happened was sufficient to convict him of murder, even though the state provided no DNA evidence to link him to the murder weapon. Furthermore, the prosecution's mention of several items that were moved by police when they searched defendant's residence was not prosecutorial misconduct because the miscellaneous items were not integral to the case, while the police officer who moved them admitted as much during his testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: June 2, 2023, Case #: 2023-Ohio-1834, Categories: evidence, Murder, identification