3,435 results for 'cat:"Evidence"'.
J. Stacy finds the trial court properly convicted defendant for murder, conspiracy to commit murder, and improper disposal of human remains. An online dating profile led investigators to defendant after the victim was reported missing. Cell phone activity, including text messages and location pings clearly linked defendant, her accomplice, and the victim. Other evidence, including surveillance-video-documented purchases of items used in the dismemberment and disposal of the victim's body also supports the convictions. Statements made by the accomplice involving getting sexual gratification from torture and killing were properly admitted as related to the furtherance of the conspiracy. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: May 10, 2024, Case #: S-21-980, Categories: evidence, Murder, Mayhem
J. McShan finds that the lower court properly convicted defendant of predatory sexual assault against a child and sexual abuse involving three alleged victims. Defendant contends the children's delay in disclosing the alleged abuse suggested fabrication, but they testified they were afraid of defendant, and expert witnesses credibly testified about the reasons minors may delay in reporting abuse. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 9, 2024, Case #: 110741, Categories: evidence, Experts, Child Victims
J. Mortensen finds that the trial court properly denied a phone book publisher's motion for judgment as a matter of law because of ambiguity in the terms of a contract with a plumber for a phone book listing. Extrinsic evidence was properly admitted to resolve the ambiguities. And attorney fees to the plumber were supported by its success in defending the contract claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: May 9, 2024, Case #: 20220339-CA, Categories: evidence, Attorney Fees, Contract
J. Russel finds the lower court improperly reversed the defendant's convictions. A bystander called the police when they noticed a man slumped over his steering wheel. The police awakened the defendant and detected a strong odor of alcohol on his breath and a faint odor of marijuana. Officers searched the car and found in the glove compartment a loaded pistol and a bag with 24 grams of heroin. The defendant successfully argued to the lower court that he didn't know about the contraband since the car was his mother's and only drove it several days a week. Maintenance receipts in the glovebox showed he used the car more frequently than led on, and their existence showed he likely knew what was in the glove box. Reversed.
Court: Virginia Supreme Court, Judge: Russel , Filed On: May 9, 2024, Case #: 230511 , Categories: Drug Offender, evidence, Dui
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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. Markle finds that the trial court properly convicted defendant of trafficking more than 400 grams of methamphetamine and possession with intent to distribute methamphetamine. The trial court correctly excluded evidence that defendant's son had prior convictions for methamphetamine possession, sale and distribution. Defendant claimed the evidence explained his state of mind in taking responsibility for the drugs to prevent his son from being arrested and showed the son's ability and intent to possess the drugs. The evidence was inadmissible and its exclusion did not prevent defendant from mounting his defense. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 9, 2024, Case #: A24A0010, Categories: Drug Offender, evidence, Ineffective Assistance
J. Hudson finds the trial court properly convicted defendant for capital murder, aggravated residential burglary, robbery and theft. Defendant was arrested after DNA evidence showed he was involved in an apartment break-in and murder. The court properly denied defendant's motion to exclude officer testimony involving fresh blood drops she saw that dried before being taken as evidence. Defendant thoroughly impeached the witness, and the jury was free to determine the weight held by the officer's testimony. The testimony was properly admitted, as the officer's opinion was based on her experience as a crime-scene specialist. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: May 9, 2024, Case #: CR-23-710, Categories: Burglary, evidence, Murder
J. Webb finds the trial court properly convicted defendant for murder, rape and abuse of a corpse. The suffocated victim was found wrapped in a bedspread on the side of the road with injuries indicating the victim had been beaten and sexually assaulted. An investigation revealed the victim had been in a relationship with defendant, leading to a warrant to search the home where signs of a struggle and blood spatter were found, along with pillow shams matching the bedspread in which the victim was wrapped. Defendant's DNA found on a cigarette butt near the victim's body, as well as the victim's DNA found in the trunk of defendant's vehicle support the conviction. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: May 9, 2024, Case #: CR-23-745, Categories: evidence, Murder, Sex Offender
J. Cadish finds the trial court properly convicted defendant, by no-contest plea, for being a felon in possession of a firearm. Defendant was pulled over for driving without a license plate light. It was discovered he had an active warrant and he was arrested. Defendant moved to suppress a weapon found during a warrantless search of his vehicle on the basis that the search was not an inventory search, but a ruse to conduct an investigatory search. The search was reasonable under the totality of the circumstances, and no error is found in the court's denial of the motion to suppress. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 9, 2024, Case #: 85564, Categories: evidence, Firearms, Search
J. Contreras finds that the lower court properly terminated the father’s parental rights to his daughter. The evidence sufficiently supports the statutory grounds for termination, specifically that he failed to comply with certain “requirements ordered by the court.” Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: May 9, 2024, Case #: 13-24-00040-CV, Categories: evidence, Family Law
J. Moore affirms the defendant's second-degree murder conviction, finding that while the district court abused its discretion in admitting evidence that a witness received threatening phone calls from an unknown caller, the defendant has not demonstrated that there was a reasonable possibility that this evidence significantly impacted the verdict. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 8, 2024, Case #: A22-0316, Categories: evidence, Murder, Witnesses
J. Worthen finds the trial court properly terminated the divorce proceedings. Though the couple were previously in a romantic relationship for more than 20 years, they agree that no ceremonial marriage ever occurred, nor did they ever file a declaration and registration of an informal marriage. General, conclusory statements from a witness with whom the couple socialized are not sufficient to raise a fact issue as to whether they represented to others they were married. No evidence presented raises a fact issue as to a formal or informal marriage existing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00230-CV, Categories: evidence, Family Law
J. Gannam finds the trial court improperly applied the correct legal standards when finding the father contributed to the children’s dependency status after basing the decision on the belief the father's corporal discipline was abusive. There is not enough evidence to prove the father “engaged in conduct placing [the kids] at substantial risk of imminent abuse.” Therefore, this case is remanded for the children’s placement with the appropriate proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: May 8, 2024, Case #: 6D24-105, Categories: evidence, Family Law
J. Hixson finds the trial court properly convicted defendant for the first-degree murder of his 3-year-old son. Defendant's girlfriend testified defendant punished the child by whipping him on his back with a belt and wooden spoon for peeing on himself and cussing, also saying this instance was more violent than previous punishments. After leaving the room, the girlfriend returned when things got quiet to see the child lying motionless on the floor. The child died later that day after receiving medical attention. Sufficient evidence, including forensic/medical photographs, the belt, an extension cord and the broken wooden spoon demonstrate defendant knew his conduct of repeated blunt-force trauma to the child's head and torso was deadly. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 8, 2024, Case #: CR-23-196, Categories: evidence, Murder, Child Victims
J. Thyer finds the trial court properly convicted defendant for sexual assault. Defendant's charge of rape against his 9-year-old daughter was reduced to second-degree sexual assault on the victim's testimony that she was petting her dog after a bad dream when defendant entered the room, pulled her off the bed and put his penis between her "butt cheeks." The mother witnessed the assault, and friends and other family were told about it before police were called. The testimony does not need to be corroborated and sufficient evidence supports the conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: May 8, 2024, Case #: CR-23-410, Categories: evidence, Sex Offender, Child Victims
J. Johnson finds that defendant was properly convicted of first degree rape of a juvenile under the age of 13. The victim testified that defendant, his mother's ex-boyfriend, sexually abused him when he was seven or eight years old, and that the abuse occurred when his mother was at work. Further, defendant did not challenge the state's intent to call a nurse as an expert to specifically address the issues of “general child sexual abuse, specifically addressing issues of delayed disclosure and the affect sexual abuse may have on children concerning delayed and partial disclosure." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 8, 2024, Case #: 23-KA-375, Categories: evidence, Sex Offender, Experts
[Consolidated.] J. Herman finds that the trial court should not have denied a truck driver's motion to continue trial after he claimed that the car driver concealed telephone calls with “an indicted conspirator in over 50 staged accidents.” In this case, the possibility of fraud being perpetrated on the judicial system constitutes good cause for a continuance. The record shows that the car driver placed or received approximately 30 calls to and from the indicted conspirator on the day of the accident, both before and after the collision. Vacated.
Court: Louisiana Court Of Appeal, Judge: Herman , Filed On: May 8, 2024, Case #: 2023-CA-0480, Categories: evidence, Negligence
J. Miller finds the trial court properly convicted defendant of criminal mischief following a non-jury trial over a road rage incident. Defendant's challenges to the sufficiency of the evidence supporting his conviction fail, as the record shows defendant intentionally swung a golf club at another motorist's car three times after the motorist retreated. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 8, 2024, Case #: 22-2140, Categories: evidence, Vehicle
J. Abramson finds the county court properly quieted title to the property in favor of the residents. The property owner filed an unlawful-detainer complaint against the mobile home residents, alleging they had detained possession after he had attempted to gain possession by civil notice. The owner argues the residents failed to establish their curtilage is contiguous to their own property, conceding the contested property and the residents' property are contiguous. This satisfies for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: May 8, 2024, Case #: CV-22-585, Categories: evidence, Property
J. Lawrence finds the lower court properly named the wife sole residential parent of the child. Although both parents were actively involved in the child's life, the husband's short temper and history of excessive spanking made the wife's home a safer and more suitable environment. Meanwhile, the award of child support over the statutorily required amount was supported by evidence in the record, including a joint decision to send the child to private school and the fact the husband was not working to his full earning capacity at the time of the separation. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 8, 2024, Case #: 2022-CA-804, Categories: evidence, Family Law
C.J. Hudson partially affirms the defendant's convictions stemming from a 1993 cold-case murder. The district court did not err in finding that the defendant had no reasonable expectation of privacy in DNA found on a discarded napkin at a hockey game and that analysis of the DNA was therefore not a search. Any error in precluding the defendant from presenting evidence of an alternative perpetrator at trial was harmless, and the district court did not abuse its discretion in excluding expert testimony as late discovery. Prosecutors' statements in closing arguments did not constitute error, circumstantial evidence was sufficient to support the jury's verdict that the defendant was guilty of first-degree murder, and the defendant did not receive ineffective assistance of counsel. It was, however, error to convict the defendant of both first-degree felony murder and second-degree intentional murder, a lesser-included offense. Affirmed in part.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: May 8, 2024, Case #: A22-1679, Categories: Dna, evidence, Murder
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