7 results for 'cat:"Evidence" AND cat:"Jury" AND cat:"Assault"'.
J. Waldick finds the trial court properly admitted the victims' 911 calls into evidence at defendant's trial on attempted murder and assault charges. The calls were made while defendant attempted to break into the victims' home and immediately after he had assaulted his girlfriend, one of the victims; therefore, the calls were admissible under the present sense impression hearsay exception. Meanwhile, the trial court properly allowed the prosecution to provide details about defendant's prior conviction for attempted murder because the facts of the previous case were similar and established relevance, while the state did not include any prejudicial or inflammatory details likely to influence the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: April 22, 2024, Case #: 2024-Ohio-1534, Categories: evidence, jury, assault
J. Johnson finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Witness testimony shows defendant was engaged in an altercation with another party, and the victim attempted to intercede, following which defendant shot the victim in the arm. Evidence supporting the conviction, including multiple eyewitness testimony, is strong. The jury likely would have convicted defendant regardless of a closing statement made by the prosecutor involving the victim's lack of opportunity to "coordinate a story," which defendant claims was improper burden shifting. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: February 14, 2024, Case #: 09-22-00380-CR, Categories: evidence, jury, assault
J. Worthen finds the trial court properly convicted defendant by jury trial for assault on a peace officer. The state presented evidence that defendant, while under the influence of narcotics, bit the officer on the wrist as he tried to set defendant in an upright position. The jury was free to believe or disbelieve witness testimony, and circumstantial evidence can be sufficient to establish guilt. No evidence shows that a jury could reasonably believe that the bite was involuntary or resulted from a mental health episode. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: November 8, 2023, Case #: 12-22-00289-CR, Categories: evidence, jury, assault
J. Bourliot finds that defendant was improperly convicted of aggravated assault of a security officer by threat and given a 45-year sentence. The evidence did not support the finding that the shooting victim was a security officer as defined by the relevant statute, and the jury charge was "riddled with errors." The judgment is reformed to show a conviction for the lesser-included offense of aggravated assault by threat and the case remanded for a new sentencing hearing. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 10, 2023, Case #: 14-22-00135-CR, Categories: evidence, jury, assault
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J. Robinson affirms a trial justice’s conviction of a defendant for sexual assault, holding that she did not commit reversible error by allowing a nurse’s testimony regarding the incident as related to the nurse by the alleged victim. Regarding a portion of the nurse’s testimony that the lower court erroneously admitted into evidence, the high court ruling agreed that the error was “harmless beyond a reasonable doubt” considering the accumulation of evidence against the defendant. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 30, 2023, Case #: No. 21-216 , Categories: evidence, jury, assault
J. Hassan finds that defendant was improperly convicted of bodily-injury assault of a family member after a jury charge error. "An error that permits the jury to convict a defendant for an uncharged offense that was not a lesser included offense of the charged offense egregiously harms the defendant." Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: June 1, 2023, Case #: 14-22-00273-CR, Categories: evidence, assault, jury Instructions