11 results for 'cat:"Evidence" AND cat:"Murder" AND cat:"Robbery"'.
J. Vaidik finds the trial court properly convicted defendant for four counts of murder and one count of robbery. Police responded to a report of shootings to find a drug dealer and three associates shot multiple times, with the dealer's apartment having been ransacked. Surveillance footage shows a vehicle associated with defendant at the scene. A friend of the victims who left the apartment after defendant and his accomplices had arrived but before the shooting occurred also identified the defendant. Evidence from defendant's cell phone was properly admitted, with the search warrant supported by probable cause. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik , Filed On: March 15, 2024, Case #: 23A-CR-898, Categories: evidence, murder, robbery
J. Aarons finds that the lower court properly convicted defendant of murder, robbery, and weapon possession after codefendants ripped off marijuana sellers and defendant shot one of the dealers following a car chase. Witnesses established that defendant brandished a gun upon taking the marijuana and shot the victim after approaching his vehicle. Defendant contends a robbery could not have occurred since "owning" marijuana was illegal in New York at the time, but this claim lacked merit. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: February 22, 2024, Case #: 112197, Categories: evidence, murder, robbery
J. Kyzar finds that defendant was properly convicted of second degree murder and given a life sentence stemming from her role in the shooting death of a victim found along a riverbank in a park. There was sufficient evidence of defendant's involvement in the robbery, kidnapping and murder of the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: January 31, 2024, Case #: KA-23-350, Categories: evidence, murder, robbery
J. Dorrian finds that while the victim gave defendant permission to use his car prior to the shooting, defendant's robbery conviction was supported by sufficient evidence. The victim clearly could not give consent to allow defendant to drive the car after he was shot and killed. Meanwhile, eyewitness testimony from the victim's stepdaughter that she saw defendant shoot the victim at point-blank range shortly after the two exited the vehicle was sufficient to support the aggravated murder conviction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: December 21, 2023, Case #: 2023-Ohio-4671, Categories: evidence, murder, robbery
J. Harrison finds the trial court properly convicted defendant for aggravated robbery and murder. Though defendant says that another person with whom he had spent the day drinking committed the robbery, evidence and inconsistencies in defendant’s story suggests that he was also involved in the crimes. A text message was found on defendant’s phone in which he stated that he was going to rob a house, and muddy shoeprints were found around and inside the home which matched shoes found in defendant’s closet. All evidence supports the convictions. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 25, 2023, Case #: CR-23-14, Categories: evidence, murder, robbery
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J. Alpert agrees with the trial court’s decisions to use a police officer’s statements as evidence and to use coconspirator hearsay and text messages as evidence against a man convicted of felony murder, robbery and other charges. The officer told the court that when the man used the word “lick” in communication with coconspirators, the word referred to committing a robbery. The officer was not treated as an expert, but his experience in law enforcement, particularly his nine years in a robbery unit, was treated as reliable testimony in this case. Further, hearsay in this case was admissible because the information was directly relevant having come from coconspirators in the crimes. Finally, texts messages between the man and third parties are also admissible because they establish his preparation, motivation and intent to commit the crimes. Affirmed.
Court: The Appellate Court of Maryland, Judge: Alpert, Filed On: September 27, 2023, Case #: C-08-CR-20-000179, Categories: evidence, murder, robbery
J. Stacy finds the district court properly dismissed defendant's motion for a new trial without an evidentiary hearing. Defendant was convicted for 2 counts of murder during a robbery of a rural farmhouse in 1989. His convictions were affirmed on direct appeal, with various motions for new trial and postconviction relief being consistently denied. Evidence of an accomplice's DNA at the scene has already been considered and found not to support a new trial. The claim is barred by law-of-the-case doctrine. Defendant's operative motion and supporting documents do not support entitlement to an evidentiary hearing. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: September 15, 2023, Case #: S-21-515, Categories: evidence, murder, robbery
J. Morgan finds the trial court properly denied defendants' motion to introduce evidence that would have implicated alternative suspects for the robberies and murders. The evidence was not exculpatory for either defendant and was, therefore, inadmissible under North Carolina law. Affirmed.
Court: North Carolina Supreme Court, Judge: Morgan, Filed On: September 1, 2023, Case #: 334A21, Categories: evidence, murder, robbery
J. Slaughter finds that defendant was properly convicted of murder, robbery, and criminal confinement based on evidence indicating defendant participated in torturing and killing the victim and that he helped clean up the crime scene and dispose of the body. Affirmed.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: June 8, 2023, Case #: 21S–LW–333, Categories: evidence, murder, robbery
J. Gravois finds that defendant was properly convicted of second degree murder and armed robbery with a firearm. The victim's girlfriend testified that three men with guns forced their way into her apartment, demanding two kilos of cocaine, tied her up and eventually took the victim in a truck with them. The girlfriend identified defendant and another individual in a line up as two of the men that entered her house. Further, defendant admitted to duct taping the girlfriend. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-371, Categories: evidence, murder, robbery
[Consolidated]. J. Erickson finds a lower court properly sentenced two defendants to 240 months in prison for Hobbs Act robbery, but improperly convicted them for commission of murder during a crime of violence. The government argued that the defendants were not entitled to a motion to suppress evidence based on their "rubber stamp" theory, and that the murder conviction should move ahead because the defendants shot and killed the homeowner, who maintained a "very impressive video surveillance system." However, the defendants presented sufficient evidence in court that their only intention was to knowingly possess firearms to forcibly to steal money and drugs from the residence. Affirmed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: May 23, 2023, Case #: 21-2469, Categories: evidence, murder, robbery