13 results for 'cat:"Evidence" AND cat:"Murder" AND cat:"Sentencing"'.
J. Landau finds that the trial court properly admitted extraneous offense evidence during the guilt phase of defendant's murder trial. Evidence that defendant assaulted the murder victim's teenage son a few months before the murder had significant probative value that was not outweighed by the risk of unfair prejudice to defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 9, 2024, Case #: 01-23-00173-CR, Categories: evidence, murder, sentencing
J. Egerton finds that the trial court properly admitted defendant's confession before denying his petition for resentencing on murder, robbery and burglary convictions. He forfeited his claim that his confession was involuntary by failing to raise in at trial, and resentencing hearings, which have a narrow purpose, are not the place to litigate evidentiary issues for the first time. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: May 3, 2024, Case #: B324572, Categories: evidence, murder, sentencing
J. Hellman finds the post-conviction court properly denied defendant's claim that he was deprived of his right to a fair trial under the due process clause due to conflicting witness statements. “Any inconsistency is the result of [the witness’s] mistaken recollection of his trial testimony, not because [they] had new evidence to provide.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A179156, Categories: evidence, murder, sentencing
J. Wilson finds a lower court properly sentenced a defendant to life in prison for first- degree felony murder and aggravated assault on a police officer. The defendant argued that he was not able to stand trial based on his psychiatric ailments. However, the government presented sufficient evidence in court that an expert found him competent, despite his unpredictable behavior. Affirmed.
Court: Kansas Supreme Court, Judge: Wilson, Filed On: December 8, 2023, Case #: 125,254, Categories: evidence, murder, sentencing
J. Campbell finds the lower court properly convicted defendant of first degree premeditated murder, first degree felony murder and especially aggravated burglary for stabbing his estranged wife to death with a butcher knife. The lower court did not abuse its discretion in ordering consecutive sentencing and evidence is sufficient to support his convictions and sentence to life plus twelve years. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: December 8, 2023, Case #: M2022-01751-CCA-R3-CD, Categories: evidence, murder, sentencing
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J. Heavican finds the trial court properly convicted defendant for first-degree murder after he shot his stepmother multiple times. The jdury instructions involving the state's burden of proof of intoxication do not indicate a miscarriage of justice, and the charge of first-degree murder was properly considered. The record is insufficient on other issues, including claims of ineffective assistance. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: December 1, 2023, Case #: S-22-855, Categories: evidence, murder, sentencing
J. Jensen finds that the district court properly entered judgment after defendant was convicted of first-degree manslaughter for the death
of her boyfriend. Defendant was sentenced to forty years in prison with twenty years suspended but argued that insufficient evidence supported conviction. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen , Filed On: November 29, 2023, Case #: 2023SD62, Categories: evidence, murder, sentencing
J. Gremillion finds that defendant was properly convicted of first degree murder for the shooting deaths of two victims who were found deceased in a car off the side of the road. There was sufficient evidence to connect defendant to the murders, including witness testimony and his own incriminating statements. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: November 22, 2023, Case #: KA-23-298, Categories: evidence, murder, sentencing
J. Ayers finds the lower court properly convicted defendant of second degree murder for the death of his spouse. Defendant killed his wife and disposed of her body in a wooded area across the street from the apartment they shared with their children. The victim died from multiple sharp force injuries, blunt force injuries and strangulation. Defendant told the responding officer he was responsible for killing his wife. Evidence is sufficient to support his conviction and sentence of 25 years to be served at 100 percent, as enhancements were applied due the extreme nature of the crime, his history of criminal behavior and his status as an illegal immigrant. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: November 22, 2023, Case #: E2023-00357-CCA-R3-CD, Categories: evidence, murder, sentencing
J. Stevens finds that the lower court properly denied defendant’s Post Conviction Relief Act appeal challenging his sentencing for the murder of an elderly woman in her home after his girlfriend stole money from the woman’s debit card. Defendant failed to demonstrate that the outcome of the trial would have differed if the duct tape used to cover the woman’s mouth, nose and eyes was tested for DNA evidence. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 22, 2023, Case #: J-S28043-23, Categories: evidence, murder, sentencing
J. Benton finds a lower court properly convicted a defendant for discharging a firearm during a crime of violence. The defendant, who pleaded guilty to second-degree murder in Native American country, argued that her conviction is unlawful. However, the government sufficiently showed in court that she shot and killed her husband after discovering that he was cheating on her, and that the murder was willful and intentional. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: July 6, 2023, Case #: 22-2471, Categories: evidence, murder, sentencing
J. Cassel finds the trial court, on remand for resentencing, properly sentenced defendant for two murder convictions and one attempted murder conviction to consecutive sentences “amounting to a life sentence.” No evidence shows that the court failed to consider relevant mitigating factors. A full evidentiary hearing was held prior to resentencing, giving defendant an opportunity to present mitigating factors. The record shows that the court read and reviewed all evidence. The court explicitly stated that all evidence was weighed and the sentences were based upon relevant factors. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: June 2, 2023, Case #: S-22-568, Categories: evidence, murder, sentencing
J. Womack finds the trial court properly convicted defendant for murder. Defendant was observed stabbing the victim by witnesses on a two-day long excursion involving the acquisition of drugs, firearms and owed money. The arrest was made and evidence was gathered with the help of the witnesses. Certain claims of error are not preserved and are subject to no exceptions. Defendant was not prevented from testifying about the victim’s past and self-defense instructions were properly given to the jury. All evidence was properly admitted, and defendant’s habitual offender status was properly applied at sentencing. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: May 25, 2023, Case #: CR-22-498, Categories: evidence, murder, sentencing