39 results for 'cat:"Evidence" AND cat:"Manslaughter"'.
J. Kellum finds that the lower court properly convicted defendant for manslaughter after he allegedly struck the victim with a car. Defendant has not shown that he is entitled to relief in connection with his requested jury instruction. Also, there was no abuse of discretion in the lower court’s handling of an unsolicited statement defendant made to a police officer during transport. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: May 3, 2024, Case #: CR-2023-0611, Categories: evidence, manslaughter, Vehicle
J. Love finds that defendant was properly convicted of attempted manslaughter, simple kidnapping of a minor, and obstruction of justice arising from a second degree murder investigation. There was evidence presented that defendant smothered and choked the eight-year-old victim multiple times. Although, defendant eventually released the victim, it does not clear him of his guilt for attempted manslaughter. Further, even though the jury found defendant not guilty by reason of insanity for the shooting death of his grandmother, the evidence shows that the shooting occurred after he placed the eight-year-old victim in a car with instructions to be taken out of the state, and the two incidents did not occur within “a few seconds” of each other as defendant claims. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: April 25, 2024, Case #: 2023-KA-0584, Categories: evidence, manslaughter
J. Soto finds a lower court did not err in convicting defendant for murder. Defendant argued the evidence was insufficient and that his sentence should be reformed to criminally negligent manslaughter, including because he claimed the shooting was an accident. But there was in fact sufficient evidence that defendant acted “knowingly,” including because he initially lied about the circumstances of the shooting and attempted to hide evidence and leave town, which is “indicative of a consciousness of guilt.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 12, 2024, Case #: 08-23-00176-CR, Categories: evidence, Murder, manslaughter
J. Abele finds defendant's decision to leave loaded weapons in an unlocked gun cabinet was undoubtedly a contributing factor in the death of the victim in an accidental shooting during a sleepover and, therefore, satisfied the necessary elements for the jury to convict him of involuntary manslaughter. Although defendant may not have intended his children or the victim to retrieve the guns, it was not out of the "realm of possibility" or an unforeseeable consequence of his decision to leave the cabinet unlocked. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 2, 2024, Case #: 2024-Ohio-1330, Categories: evidence, manslaughter, Child Victims
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J. Horton finds the trial court improperly convicted defendant for vehicular manslaughter. Defendant struck a can collector who had stepped behind a stopped garbage truck. It is undisputed that the truck had been stopped for 5 seconds and that the sun was setting behind the truck, causing its yellow warning lights to blend with the color of the sunset. Defendant, travelling at 3 mph above the 50-mph posted speed, was not operating the vehicle recklessly, and evidence presented did prove beyond a reasonable doubt that she diverted her attention from the road for a full 15 seconds. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 6, 2024, Case #: 09-22-00028-CR, Categories: evidence, manslaughter, Vehicle
J. Forbes finds the evidence at trial was sufficient for the jury to convict defendant of voluntary manslaughter. His admission he shot the victim even though he claimed he acted in self-defense after being pushed satisfies the mens rea and is sufficient to prove he knowingly killed the victim under Ohio law. Meanwhile, testimony from witnesses that defendant walked toward the victim, who was on the ground, and fired additional shots after their initial altercation showed defendant was the aggressor, was not in imminent danger and was sufficient for the state to disprove his claim of self-defense. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: February 29, 2024, Case #: 2024-Ohio-726, Categories: evidence, Self Defense, manslaughter
J. Jewell finds that defendant was properly given consecutive 15-year sentences after pleading guilty to two counts of intoxication manslaughter for an incident in which she killed two people in an auto accident after she had consumed alcohol. Defendant argued that the trial court erred by admitting her "post-Miranda statements" to officers that she made while being treated at a hospital because they implied a lack of remorse, but the record does not indicate the disputed evidence likely caused the jury to give her a harsher sentence. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 15, 2024, Case #: 14-22-00884-CR, Categories: evidence, Dui, manslaughter
J. Heavican finds the trial court properly convicted defendant for manslaughter based on sufficient evidence. The state showed he made a left-hand turn in his vehicle, at night, while under the influence of marijuana, with the victim crashing his motorcycle into the passenger side. The sentence of 12 to 16 years in prison is within statutory guidelines. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: January 19, 2024, Case #: S-22-901, Categories: evidence, manslaughter, Vehicle
J. Buller finds that defendant was properly convicted of involuntary manslaughter after colliding with another boat on the river, killing two people. Witnesses said defendant had been racing his boat irresponsibly and traveling at excessive speeds just before the collision. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 22-1293, Categories: evidence, manslaughter
J. Wood finds the trial court properly found the minor defendant guilty of manslaughter. Defendant shot her father in the chest with a 12-gauge shotgun as he slept after being reprimanded for smoking and cell phone use. Excluded expert medical testimony that defendant has PTSD would not assist the jury in determining whether her belief she was being victimized was objectively reasonable. A recording of a previous argument between the mother and father was properly excluded, as it would have added little to defendant's first-person account of abuse inflicted directly on her. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: December 13, 2023, Case #: CR-23-185, Categories: evidence, Juvenile Law, manslaughter
J. Virden finds the trial court properly convicted defendant for manslaughter based on sufficient evidence. Walmart surveillance video showed defendant's car spinning and hitting other cars, and striking an 86-year-old grandmother pushing a shopping cart. He also tested positive for meth and marijuana. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: December 13, 2023, Case #: CR-23-278, Categories: evidence, manslaughter, Vehicle
J. Pickett finds that defendant was properly convicted of the responsive verdicts of manslaughter and second degree feticide for the death of a woman and her unborn child, in which the victim's body was found in a park. The evidence was sufficient to find defendant guilty of the crimes, and there was no double jeopardy violation regarding the feticide conviction. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: December 6, 2023, Case #: KA-23-187, Categories: evidence, Double Jeopardy, manslaughter
J. Gravois finds that defendant was properly convicted of manslaughter for the death of another inmate. Defendant was not allowed to elicit testimony from an inmate witness regarding other investigations because those investigations were not relevant to the matter. Defendant was allowed to cross-examine the witness regarding his convictions, his statement regarding the instant case, and the details of his plea agreement. Further, evidence of defendant's past crimes was properly admitted because, in both crimes, defendant punched the victims in the face hard enough to break their jaws, showing a pattern. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 29, 2023, Case #: 23-KA-128, Categories: evidence, manslaughter, Witnesses
[Consolidated.] J. Miller finds the trial court properly denied defendant's motion to suppress statements made during two custodial interviews with police during his involuntary manslaughter case. None of the officers who interviewed him used coercive behavior and he was free to leave at any time, and his claim he was under the influence of fentanyl at the time of his second interview is meritless. Meanwhile, defendant's admission he sold the victims drugs shortly before they died of overdoses was sufficient to support all of his convictions, as the victims were unaware they purchased fentanyl. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: November 27, 2023, Case #: 2023-Ohio-4252, Categories: Drug Offender, evidence, manslaughter
J. Welch finds the trial court properly convicted defendant for manslaughter, having caused a traffic accident that resulted in the death of a motorcyclist. The lower court properly denied defendant's motion for postconviction relief based on his claims of counsel's failure to object to the instruction on manslaughter. The prosecution has discretion as to what the charge will be. Furthermore, defendant's proposed addition of the word "proximate" to the jury instruction is irrelevant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 21, 2023, Case #: A-22-976, Categories: evidence, manslaughter, Vehicle
J. Pitman finds that defendant was properly convicted of manslaughter on his indictment of second degree murder. The evidence supported that defendant did not shoot the victim in self-defense because the victim was not found with a weapon, the victim was shot in the back, and defendant left the victim to retrieve a gun, which he then used to shoot the victim four times. Further, defendant's act of pointing a gun at the victim and shooting demonstrates that he intended to kill or inflict great bodily harm. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: November 15, 2023, Case #: 55,312-KA, Categories: evidence, manslaughter
J. Miller finds that defendant was properly convicted of manslaughter. In this case, defendant confessed to stabbing the victim, the father of defendant's child, hours after his death, and eyewitnesses told police that defendant stabbed the victim during an argument over text messages he sent to another woman on defendant' s phone. Further, defendant's claim that her brother was the actual person who stabbed the victim was not supported by the evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: November 3, 2023, Case #: 2023 KA 0332, Categories: evidence, manslaughter
J. Cadish finds the trial court properly convicted defendant for voluntary manslaughter with a deadly weapon. After the fatal shooting and because defendant was brought into custody after fleeing the jurisdiction, the state pursued a murder charge. Defendant argued self-defense in a trial with many witnesses called. The jury deadlocked and an alternate replaced a seated juror before the manslaughter verdict was reached. The court did not abuse its discretion by admitting a rebuttal witness because the content of the testimony was not withheld. The court also applied appropriate tests in determining a prior conviction for attempted robbery was admissible for credibility impeachment. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 30, 2023, Case #: 83456, Categories: evidence, Self Defense, manslaughter
J. Ceresia finds that the lower court properly convicted defendant of manslaughter and endangering the welfare of a child in the death of his pregnant paramour's one-year-old son. Evidence indicated that, while left alone with defendant, the boy suffered multiple blunt-force traumas to the abdomen which could not be explained by defendant and that defendant had previously physically abused the child and attempted to hide the abuse. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 26, 2023, Case #: 110622, Categories: evidence, manslaughter, Child Victims
J. Badding finds that defendant was properly convicted of voluntary manslaughter after he shot and killed his nephew stemming from a fight over household chores. The justification defense failed since defendant told police that the physical portion of the fight was already over before the shooting occurred. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: October 25, 2023, Case #: 21-1041, Categories: evidence, manslaughter
J. Johnson finds the trial court properly convicted the 18-year-old defendant for intoxication manslaughter of a police officer, occurring from an accident caused by his driving on the wrong side of the highway. Evidence shows that defendant did not have a driver’s license, had just attended one or more parties where alcohol was being served, and that his blood alcohol level was well over the legal limit. All evidence supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 11, 2023, Case #: 09-22-00269-CR, Categories: evidence, manslaughter, Vehicle
J. Shorr finds the trial court properly declined to suppress evidence of defendant’s blood-alcohol content (BAC), obtained through an unwarranted forensic blood draw, that was used to help convict him of manslaughter and assault. The trial court’s judgment was “justified by exigent circumstances.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A175345, Categories: evidence, manslaughter
J. Gruber finds that the trial court properly convicted defendant for manslaughter and tampering with evidence. Defendant was arrested pursuant to an investigation involving phone records after the victim was found in his residence with nine stab wounds, his corpse and the room covered in blood spatter. Defendant admitted to officers that he accidentally stabbed the victim twice after being sexually propositioned. There is nothing to connect the presence of drugs found in the victim's system to the murder, and a toxicology report was properly excluded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 27, 2023, Case #: CR-22-749, Categories: evidence, Obstruction, manslaughter
J. Allen finds the trial court properly excluded evidence from the victim's cell phone during defendant's trial on manslaughter charges. His parents' testimony he was a "happy, smiling child" did not open the door to allow photos of him with guns, which, in any case, would not have altered the outcome of defendant's trial. Affirmed.
Court: North Carolina Supreme Court, Judge: Allen, Filed On: September 1, 2023, Case #: 71A22, Categories: evidence, Self Defense, manslaughter
J. Schumacher finds that defendant was properly convicted of voluntary manslaughter for ramming his girlfriend's car after seeing her driving with another man. While keeping his foot on the accelerator, he fastened his own seatbelt and said, "I have insurance on this bitch." Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: August 30, 2023, Case #: 22-1772x, Categories: evidence, manslaughter
J. Osowik finds defendant was not prejudiced by the trial court's admission of recorded phone calls between herself and the family member who had custody of her children at the time the victim died of a drug overdose. Her attorney was able to effectively cross-examine the family member about the circumstances of the calls, while her custody of the children did not automatically harm her credibility. Meanwhile, although the trial court erroneously refused to admit text messages from the victim to defendant on hearsay grounds, the error was harmless because the messages have no value to defendant's case and were not exculpatory in any way. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: August 18, 2023, Case #: 2023-Ohio-2905, Categories: Drug Offender, evidence, manslaughter
J. Forbes finds that the state failed to establish the proximate cause element necessary for defendant's manslaughter conviction that stemmed from the death of the victim's unborn fetus because although he undoubtedly fired two shots at the hood of the victim's car, there was no evidence in the record to indicate he fired the bullets that struck the victim and her fetus. Several other individuals fired guns after defendant's initial shots, but that cannot be used to establish "but for" causation - a requirement for a manslaughter conviction - and, therefore, the manslaughter conviction and sentence must be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: August 3, 2023, Case #: 2023-Ohio-2688, Categories: evidence, manslaughter