44 results for 'cat:"Evidence" AND cat:"Theft"'.
J. Marcel finds that defendant was properly convicted of eight counts of simple burglary of an inhabited dwelling, theft, and aggravated flight from an officer. In this case, there was testimony from an accomplice that he committed the burglaries with defendant. Further, items from two of the burgled homes were found in defendant's home. Also, there was surveillance footage that connected a truck stolen by defendant to several of the burglaries. Multiple witnesses testified that defendant drove at excessive speeds while disregarding stop signs as he fled from an officer with his lights activated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: May 8, 2024, Case #: 22-KA-373, Categories: Burglary, evidence, theft
J. Johnson finds the trial court properly convicted defendant for misdemeanor theft, sentencing her to community supervision. Surveillance video from Academy sporting goods shows defendant taking two $300 Yeti coolers from the store without paying. The store director also identified defendant at trial. Furthermore, defendant fails to present an argument as to how she was prejudiced by trial counsel’s alleged deficiencies. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 1, 2024, Case #: 09-23-00281-CR, Categories: evidence, Probation, theft
J. Mathis finds that defendant was properly convicted of armored robbery, battery, and auto theft because the trial court properly allowed police officers to testify about the victim's out-of-court statements, and evidence indicates defendant had not merely possessed the vehicle but had stolen it and committed theft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathis, Filed On: March 11, 2024, Case #: 23A-CR-954, Categories: evidence, Robbery, theft
J. Tufte finds that the district court improperly entered criminal judgment after a jury convicted an individual of exploitation of a vulnerable adult and attempted theft. Defendant argued that the court improperly admitted several trial exhibits because the exhibits were not properly authenticated and are inadmissible hearsay lacking sufficient foundation as records of regularly conducted activity. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: March 7, 2024, Case #: 2024ND42, Categories: evidence, theft
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[Consolidated.] Per curiam, the circuit finds that the district court properly convicted ex-attorney Michael Avenatti of wire fraud and aggravated identity theft in diverting a publisher's advance to client Stormy Daniels for a tell-all memoir about her life in the adult film industry and purported sexual encounter with Donald Trump. Avenatti contends the jury had been provided confusing and prejudicial instructions about the professional obligations of lawyers, but any error was harmless in light of the overwhelming evidence against him. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 6, 2024, Case #: 22-1242(L), Categories: evidence, Identity theft, Jury Instructions
J. Welch finds the trial court properly, by plea bargain, convicted defendant for theft, attempted failure to appear and false reporting. The victim's stolen car was observed and stopped by officers. Though defendant was a passenger, a search revealed the keys to be in defendant's pocket, and the driver told officers that defendant had picked her up in the borrowed car. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 5, 2024, Case #: A-23-887, Categories: evidence, Ineffective Assistance, theft
J. Schlegel vacates defendant's conviction for illegal possession of a stolen thing valued at $25,000 or more. In this case, the state concedes that it did not prove the value of the stolen vehicle was $25,000 or more. However, the evidence supports a lesser and included responsive verdict of illegal possession of a stolen thing less than $1,000 because there was video evidence showing defendant driving the stolen vehicle over 80 miles per hour, which demonstrates that the vehicle had some value. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: February 28, 2024, Case #: 23-KA-273, Categories: evidence, theft, Vehicle
J. Wilkin finds testimony from the co-defendant was sufficient to convict defendant of theft. It established all elements of the crime and proved that defendant's destruction of the remote control prevented the victim from retrieving his drone before he left the scene of the crime, while both the drone and remote were also later found burned in defendant's fire pit. Meanwhile, the trial court properly admitted a detective's testimony about the VIN number of the vehicle driven by defendant during the crime without providing any verification of the number because the evidence was cumulative and defendant's ownership of the vehicle was supported by other testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-805, Categories: evidence, theft, Assault
J. Tookey finds the trial court properly denied defendant’s motion for acquittal on a theft of services charge. “The fact that a business has busy times and slow times does not render its facilities as something other than business facilities.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: February 22, 2024, Case #: A178897, Categories: evidence, theft
J. Molter finds that the court of appeals properly vacated theft convictions entered on charges that defendant continued to work remotely in serving as county commissioner after ceasing to reside in the county as required because evidence does not indicate defendant had reason to believe she was receiving pay improperly. Affirmed.
Court: Indiana Supreme Court, Judge: Molter, Filed On: February 15, 2024, Case #: 24S‐CR‐55, Categories: evidence, theft
J. Neeley finds the trial court properly convicted defendant for evading arrest and theft of property after he crashed a stolen truck into a pond on private property. Although certain photos supporting an officer's testimony were suppressed, this did not nullify the entirety of her testimony about seeing defendant in the truck. Furthermore, another officer testified he responded to the crash and obtained surveillance video showing the crash and fleeing driver, and that he had known defendant for many years and identified him in court. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 31, 2024, Case #: 12-23-00099-CR, Categories: evidence, theft, Vehicle
J. Williams finds a lower court improperly convicted a defendant for aggravated assault and negligent homicide. The government argued that the defendant fled the scene of a fatal car accident at a gas station where she ran over an unknown male who suddenly rushed toward her vehicle, which was stolen. However, the defendant presented sufficient evidence in court that she may have been justified for leaving the scene of an accident for self- defense purposes. Vacated in part.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: January 25, 2024, Case #: 1 CA-CR 22-565, Categories: evidence, theft, Negligent Homicide
J. Chicchelly finds that defendant was properly convicted of unauthorized use of a credit card after stealing gift cards while employed at a convenience store based on evidence including receipts and specific gift card authorization numbers. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: January 24, 2024, Case #: 23-0819, Categories: evidence, theft
J. Danilson finds that defendant was properly convicted of second-degree theft after stealing a deposit from a car dealership that employed him as a manager because he pocketed the money instead of placing it in a safe and later admitted to a coworker that he took it. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: January 24, 2024, Case #: 23-0633, Categories: evidence, theft
J. Abramson finds the trial court properly convicted defendant for theft of property based on sufficient evidence. After the gas station manager discovered missing lottery tickets and cash, she reviewed surveillance footage which showed defendant, an employee, stealing the tickets and money. Defendant objected to the admission of the restitution form, saying no evidence shows the amount of cash or number of tickets involved. The court properly overruled this, with the prosecution providing details of the calculations. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: January 24, 2024, Case #: CR-23-314, Categories: evidence, theft
J. Palafox finds a lower court ruled correctly in convicting defendant of a variety of white-collar crimes. Defendant argued there were a variety of issues with her conviction, including a “voluminous amount of evidence” that her attorney was unable to review before trial, but defendant did not raise these issues at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: January 23, 2024, Case #: 08-23-00006-CR, Categories: evidence, Fraud, theft
J. Murphy finds the trial court properly found defendant guilty for breaking or entering. The victim's security video showed defendant exiting the victim's vehicle, from which he had removed the battery after noticing his keys were missing. The state presented sufficient evidence of criminal intent and not merely that defendant broke into the vehicle. The jury could reasonably infer defendant was preparing to steal the car, which would not start due to the removed battery. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 17, 2024, Case #: CR-22-614, Categories: evidence, theft, Jury Instructions
J. Edwards finds the trial court properly denied defendant's request for a jury instruction on the defense of abandonment at his trial for petty theft and trespass charges stemming from when he attempted to steal $450 worth of polo shirts from a store but dropped the merchandise and left when a store manager made eye contact with him. Though Florida law recognizes voluntary abandonment as a defense, the evidence shows defendant's abandonment was involuntary, leaving no grounds for his requested jury instruction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: January 12, 2024, Case #: 22-0943, Categories: evidence, theft, Trespass
[Consolidated] J. Kamins finds the trial court erred in allowing evidence gathered from defendant’s backpack after police searched it without a warrant or a valid exception to the warrant requirement. “Police may not search a nonarrested vehicle passenger’s property if it clearly belongs to the passenger, is within the passenger’s control, and no independent facts connect it to the arrestee.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A177992, Categories: evidence, Search, Identity theft
J. Erickson finds a lower court improperly denied a defendant's motion to suppress evidence concerning charges of being a prohibited person in possession of a firearm. The government argued that the lower court properly applied the Leon good faith exception when calculating his 37 month prison sentence, and that he was not entitled to relief based on multiple burglaries of vacant buildings and locked construction containers, which he broke in using specific burglary tools. However, the defendant presented sufficient evidence in court that a warrant obtained by authorities failed to establish probable cause to search his home, and that it may have been based on "suspicion" of burglary and theft. Vacated.
Court: 8th Circuit, Judge: Erickson , Filed On: December 14, 2023, Case #: 22-3352, Categories: Burglary, evidence, theft
J. Jacquot finds the trial court properly denied defendant’s motions for a judgment of acquittal (MJOA) on charges of first-degree burglary and aggravated first-degree theft. “A rational jury could reasonably infer from the facts and circumstantial evidence that defendant participated in the crimes and entered the victim’s house while doing so.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: December 13, 2023, Case #: A177141, Categories: Burglary, evidence, theft
J. Tabor finds that defendant was improperly convicted of second-degree theft for taking a motor vehicle since the state failed to prove defendant intended to permanently deprive the owner of the car. Reversed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: December 6, 2023, Case #: 22-1850, Categories: evidence, theft
J. Grasz finds a lower court properly denied a defendant's motion to suppress evidence after he pleaded guilty to possessing meth. The defendant argued that police officers searched his vehicle without consent. However, the government sufficiently showed in court that the car he was driving was stolen, and that the search was proper under the "automobile exception." Affirmed.v
Court: 8th Circuit, Judge: Grasz, Filed On: November 20, 2023, Case #: 22-2930, Categories: Drug Offender, evidence, theft
J. Hendon finds the trial court properly denied defendant's motion for acquittal upon his conviction of third-degree grand theft for stealing a Rolex wristwatch and platinum wedding band from his ex-girlfriend and pawning them, which the charge assumed had a combined value of at least $10,000 but not more than $20,000. There was sufficient evidence to convict defendant based on testimony revealing that the Rolex's fair market value was at least $10,000 because that is how much defendant received for pawning it and how much the pawn shop expected his ex-girlfriend to pay to get it back, even though the value of the wedding band was never established. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: October 25, 2023, Case #: 22-1271, Categories: evidence, theft
Per curiam, the Louisiana high court finds that the court of appeal should not have determined that there was insufficient evidence to support the delinquency adjudication of a juvenile for burglary involving a firearm and theft of a firearm. In this case, the state presented evidence that the tactical vest stolen from the deputy’s vehicle was found in the juvenile's attic, and screenshots from the juvenile's phone showed the rifle stolen from the deputy’s vehicle. There was also text message evidence sent twelve hours after the burglary where the juvenile was attempting to trade the rifle. Therefore, the state's evidence is sufficient to permit a reasonable inference that the juvenile was a principal in the commission of the delinquent acts. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: October 20, 2023, Case #: 2022-CK-01654, Categories: evidence, Juvenile Law, theft
Per curiam, the appellate division finds that the trial court improperly convicted defendant of criminal possession of stolen property after he was found with merchandise stolen from mall stores. The traffic stop was unlawful because deputies did not have reason to suspect that vehicle occupants committed a crime, and defendant was not visible in live surveillance video of the theft. Meanwhile, using another store's bag to hold merchandise constitutes innocuous behavior. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: KA 22-00490, Categories: evidence, Search, theft
J. Stacy finds the court of appeals properly affirmed the trial court's conviction of defendant for misdemeanor shoplifting and assessing a $100 fine. The court properly overruled defendant's hearsay objection as testimony supported by surveillance video shows that the department store manager reported missing clothing immediately after discovering it, which supports the "present sense impression" exception to hearsay. Other video evidence and defendant's behavior support the conviction. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: September 22, 2023, Case #: S-22-798, Categories: evidence, theft