23 results for 'cat:"Evidence" AND cat:"Weapons"'.
J. Duncan finds the district court properly convicted defendant for possessing an unregistered destructive device. Defendant was arrested after his sister reported he assaulted her boyfriend, also telling police he had a pipe bomb in his closet. Though an explosives expert determined it was a bomb, improvised with material harvested from fireworks, defendant says the government did not prove it was designed as a weapon. The affirmative defense, according to certain case law and code exception, is not an element of the crime. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: April 12, 2024, Case #: 23-40098, Categories: evidence, weapons
J. Freudenberg finds the trial court properly convicted defendant for murder, as well as weapons charges, based on sufficient evidence. Officers discovered the victim after responding to a report of a bleeding body in the stairwell of an apartment building. Defendant was arrested, hiding in his girlfriend's mother's attic crawlspace, after the investigation turned up surveillance video showing he and his girlfriend and dog in the area at the time multiple witnesses heard sounds of a struggle, a dog barking, a woman's scream and a body falling down the stairs. Furthermore, counsel's objections to out-of-court statements were properly overruled and sustained. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 12, 2024, Case #: S-23-130, Categories: evidence, Murder, weapons
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of drug and weapon possession after handguns and drug paraphernalia were found in a red duffel bag and heroin envelopes were recovered from the scene. Defendant contends the state failed to establish constructive possession, but identifying information had been discovered in the bag, and an acquaintance directed police to heroin she hid in the building upon fleeing from defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 11, 2024, Case #: 112610, Categories: Drug Offender, evidence, weapons
J. Garry finds that the lower court properly convicted defendant based on his guilty plea to attempted weapon possession for his involvement in a street shooting. Defendant objected to providing a buccal swab, but the sampling was unobtrusive and the prosecution already had DNA linking the shooter to a vehicle driven by defendant, as well to a firearm recovered from the scene. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 11, 2024, Case #: 113054, Categories: Dna, evidence, weapons
J. Luckert finds that the lower court improperly held that defendant, a convicted felon, did not possess an actual "dagger" when he was picked up by a police officer while resting on the side of a dirt road because the state presented sufficient evidence that the weapon was a dagger based on the length of its blade and sharp edge. Reversed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: April 5, 2024, Case #: 124878, Categories: evidence, weapons
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J. Pritzker finds that the lower court properly convicted defendant of weapon possession after a gun was fired during a fight outside a restaurant because evidence supported the verdict, including testimony from a restaurant employee who restrained defendant until police arrived after seeing him on the ground with a gun in his waistband, and eyewitness accounts contending that someone snatched the gun and fired it before walking away. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 4, 2024, Case #: 113391, Categories: evidence, weapons, Witnesses
J. Moore finds the trial court properly convicted defendant for assault and use of a deadly weapon based on sufficient evidence. A couple travelling with their children were stabbed by the ex-girlfriend of a friend with whom the couple were staying. When the ex-girlfriend's brother confronted the ex-boyfriend for breaking up with his sister, the ex-girlfriend was also seen running from the ex-boyfriend's house. The couple were later found to have been stabbed. All factors were properly considered for sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: April 2, 2024, Case #: A-23-407, Categories: evidence, Assault, weapons
J. Worthen finds the trial court improperly granted defendant's motion to suppress evidence of a weapon found during a vehicular search. Had defendant, as a passenger, with no possessory interest in the vehicle, been allowed to leave, the officer’s ability to search the vehicle would not have been affected. Defendant did not have standing to make a Fourth Amendment claim, as standing is dependent on illegal detainment. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 7, 2024, Case #: 12-23-00185-CR, Categories: evidence, Search, weapons
[Consolidated.] J. Egan finds that the lower court properly convicted defendant of tampering with evidence, conspiracy, and attempted drug and weapon possession because telephone records and video footage captured defendants trying to remove guns and cocaine from the trunk of a car that police had secured in a hospital parking lot while sorting out its use in transporting a gunshot victim for emergency care. Meanwhile, defendant's request to vacate the conviction for actual innocence, since defendant had been in the wrong place at the wrong time, was "simply unbelievable" in light of the evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 25, 2024, Case #: 112519, Categories: evidence, weapons, Conspiracy
J. Johnson finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. Testimony from first responders, two sources of surveillance video, and physical evidence including shell casings, clothing, and an unusually painted vehicle linking defendant to the act support the conviction. Furthermore, a mistake of fact instruction was not necessary based on the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 17, 2024, Case #: 09-22-00274-CR, Categories: evidence, Assault, weapons
J. Blane finds that defendant was properly convicted of intimidation with a dangerous weapon and other charges after shooting at a clerk in a convenience store. Defendant wore a mask during the altercation, but the clerk was able to identify him based on his eyes, nose, and mouth. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: January 10, 2024, Case #: 22-1743, Categories: evidence, weapons, Identification
Per curiam, the circuit finds the trial court properly convicted defendant for being a felon in possession of firearms based on sufficient evidence, sentencing him to the statutory maximum. Defendant was under investigation for possible involvement in a shooting when the weapons were discovered. Guiding case law states a defendant constructively possesses a firearm if he has “dominion or control over the premises in which the item is found.” Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 22-50360, Categories: evidence, Sentencing, weapons
J. Stiglich finds the trial court properly convicted defendant for conspiracy and murder with the use of a deadly weapon. Defendant suspected the victim had a romantic relationship with his girlfriend, and he and an accomplice went to the girlfriend's apartment complex and shot the victim to death. The admission of text messages not proven to have been written by defendant was harmless error, particularly in light of defendant's confession and other evidence supporting the conviction. Defendant and the accomplice's defenses were not mutually exclusive and so there was no error in the trial court's denying defendant's motion to sever the cases. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 19, 2023, Case #: 83972, Categories: evidence, Murder, weapons
J. Grasz finds a lower court properly convicted a defendant for distribution of fentanyl resulting in death and two counts of unlawfully possession a firearm as a felon. The defendant argued that the lower court erred in allowing testimony in court brought by the girlfriend of a deceased customer, who died from overdose, and failed to present evidence that he carried a firearm. However, the government sufficiently showed in court that text messages between the defendant and a buyer showed that he sold him fentanyl-laced heroin, which resulted in his death, and that he carried a weapon while trafficking drugs. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 14, 2023, Case #: 22-3499, Categories: Drug Offender, evidence, weapons
J. Donovan affirms the defendant’s convictions for being a felon in possession of a deadly weapon and for attempted murder. The trial court did not err by admitting evidence of the defendant’s prior convictions or by not disclosing some of the victim’s mental health records, but the defendant’s prior convictions do not fall within the 10-year limitation his defense claims and none of the undisclosed mental health records could plausibly have changed the outcome of the trial.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: November 14, 2023, Case #: 2022-0106, Categories: evidence, Murder, weapons
Per curiam, the appellate division finds that the trial court properly convicted defendant on weapons charges. Police were responding to a domestic dispute when they heard the gunshots, and defendant, who fled when approached by police, matched the general description of a 911 call reporting that "three Black kids" were walking down the street with a gun. Defendant also told police after waiving his Miranda rights that he found a gun on the street and fired it in the air, and body camera video of the arrest established the legality of the search and arrest. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 8, 2023, Case #: KA 19-02108, Categories: evidence, Search, weapons
J. Easterly vacates defendant's weapons-related convictions after finding the trial court improperly refused to strike the testimony of the only witness during defendant's suppression hearing. The government failed to produce the recording of the police officer who testified he relayed the tip regarding a man with a gun in his pants over the radio.
Court: DC Court of Appeals, Judge: Easterly, Filed On: October 12, 2023, Case #: 21-CO-0636 , Categories: evidence, Search, weapons
Per curiam, the appellate division finds that defendant was properly convicted of weapons charges and using drug paraphernalia since defendant failed to preserve certain arguments and evidence does not indicate he received ineffective assistance. Meanwhile, surveillance video caught defendant firing a weapon at two men after waiting outside of a store for them to arrive. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 2, 2023, Case #: KA 20-00982, Categories: Drug Offender, evidence, weapons
Per curiam, the Texas Courts of Appeals finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. After a weeklong celebration of drinking and cards-and-dominoes-playing, defendant and the victim argued about money owed and defendant struck the victim on the head with a tire iron. Though defendant says the victim attacked him first with a knife, investigating officers found no knife on the property after observing blood on defendant’s shirt, a tire iron with human hair and blood near where defendant had been seated, and fresh, bloody wounds on the victim’s head. All evidence supports conviction and no reversible error is found. Counsel’s motion for leave to withdraw is granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 31, 2023, Case #: 12-22-00223-CR, Categories: evidence, Assault, weapons
J. Smith finds that the trial court properly convicted defendant for being a felon in possession of a firearm. Though the district court originally failed to make factual findings about the reliability of the anonymous tip that led to the stop of defendant on suspicion of drug dealing, the court clarified upon remand that because the tip was not made by a 911 call, there was no way to trace the caller. The court explicitly found the tipster’s testimony at the suppression hearing credible and the tip included both the information in the dispatcher’s call log and additional details furnished by the tipster at the hearing. The search of the vehicle was done with probable cause. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: July 25, 2023, Case #: 21-40849, Categories: evidence, Search, weapons
Per curiam, the appellate division finds that the trial court improperly convicted defendant of weapons charges after he was arrested for fleeing police during a traffic stop because prosecutors should not have been allowed to cross-examine defendant about a prior weapons conviction, and officers testified they had not seen a weapon in defendant's waistband and instead recovered the weapon after arresting defendant in a high-crime area. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: KA 18-02213, Categories: evidence, weapons