10 results for 'cat:"Evidence" AND cat:"Murder" AND cat:"Due Process"'.
J. Kemp finds the trial court properly convicted defendant for capital murder and aggravated robbery, sentencing him to life plus 40 years in prison. A homeowner called her husband about a suspicious person at the house and the husband, on his way home, found a body in the street with multiple gunshot wounds. Police dash cam recorded defendant escaping in the victim's truck, and the victim's DNA was discovered on defendant's bloody pants when he was later arrested on multiple warrants. Defendant does not challenge the sufficiency of the evidence. Certain evidence was properly admitted as cumulative of other evidence admitted at trial, and Ring camera photos of the truck were properly authenticated by detective testimony. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: May 2, 2024, Case #: CR-23-574, Categories: evidence, murder, due Process
J. Bell finds the trial court improperly convicted defendant for murder. The state admitted a recording of a phone call defendant made to his defense during pretrial detention in which he indicated his presence at the murder scene. Though the state argues defendant violated jail policy by using another inmate's telephone access code and waived his attorney-client privilege by making a three-way call, this is not sufficient to establish waiver of attorney-client privilege. The recording was improperly admitted. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 7, 2024, Case #: 83672, Categories: evidence, murder, due Process
J. Lowy affirms defendant’s murder conviction for killing his wife. The defendant claims his daughter’s murder and the testimony of two latent print examiners should not have been allowed in evidence, that not enough was done to rule out the possibility of a different culprit, and that there wasn’t enough evidence to identify him as the culprit or establish his crimes’ premeditation, but he fails to substantiate any reversible error. Affirmed.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 30, 2024, Case #: SJC-12420, Categories: evidence, murder, due Process
J. Womack finds the trial court properly convicted defendant for murder based on sufficient evidence, including eyewitness testimony. The prosecution's mentioning that defendant went to the victim's home to recover his car, which was sold while he was in jail, implied a conviction for that offense. The prosecution was duly warned after the defense objected, and the statement does not support a mistrial. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: January 25, 2024, Case #: CR-23-1, Categories: evidence, murder, due Process
J. Moore finds the trial court properly denied defendant's motion seeking postconviction relief following an evidentiary hearing. Defendant was convicted for attempted murder for the shooting of his deceased (by suicide) cousin's surviving girlfriend. Ever-changing postconviction testimony of another cousin and defendant's brother regarding the identity of the shooter is not credible. Evidence presented in the evidentiary hearing cannot overcome the strength of the victim’s trial testimony identifying defendant as the shooter. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-22-869, Categories: evidence, murder, due Process
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J. Hudson finds the trial court properly convicted defendant for first-degree murder based on sufficient evidence. The fiancé of the victim testified that defendant, during an altercation at the victim's house, hit the victim with a baseball bat, and returned to the home several times while carrying a gun. Defendant shot the victim at a party soon after. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: January 18, 2024, Case #: CR-22-615, Categories: evidence, murder, due Process
J. Wood finds the trial court properly convicted defendant by guilty plea for first-degree murder based on sufficient evidence. The 77-year-old victim was found with a gunshot wound to the face during an officer's welfare check, and witnesses identified defendant running from the residence after they had heard a gunshot. Defendant's waiver of his right to counsel was voluntary, knowing, and intelligent. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 10, 2024, Case #: CR-22-701, Categories: evidence, murder, due Process
J. Hiland finds the trial court properly convicted defendant for first-degree murder and sentenced him to life imprisonment. After defendant learned his sister had accused his best friend of raping her, he shot the friend multiple times, killing him. Defendant admitted this to his wife and was arrested after requesting a lawyer through his squad leader in the Arkansas National Guard. The record has been examined for all objections, motions, and requests made by either party decided adversely to him and no prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland , Filed On: December 7, 2023, Case #: CR-23-72, Categories: evidence, murder, due Process
J. Wright finds the trial court properly convicted defendant for capital murder. Though defendant pleaded not guilty by reason of insanity to beating his 2-year-old daughter to death with a hammer, objecting to the admission of evidence of voluntary intoxication, his insanity plea allowed for the rebutting evidence of voluntary intoxication. That he admitted to officers after his arrest that he was aware of what he did and that he knew it was wrong also successfully rebuts the insanity defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: November 29, 2023, Case #: 09-21-00273-CR, Categories: evidence, murder, due Process
J. Goldman finds the trial court improperly convicted defendant for murder. According to various testimonies, a man who was “shooting up” in a truck outside defendant’s home was killed through actions of several people, including stabbing, kicking and stomping. The trial court did not consider defendant’s youth in assessing whether he formed the requisite mental state for conviction. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: October 13, 2023, Case #: A161815, Categories: evidence, murder, due Process