3,472 results for 'cat:"Evidence"'.
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of murder under circumstances manifesting extreme indifference to the value of human life. Sufficient evidence supports the conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 16, 2024, Case #: 2024ND100, Categories: evidence, Murder
J. Jensen finds that the district court properly entered conviction following defendant's entered conditional Alford pleas on the charges of stalking, harassment, tampering with physical evidence, and three counts of disobedience of a judicial order. The lower court correctly denied defendant’s motion to sever and allowed the charges to be joined in a single action. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: May 16, 2024, Case #: 2024ND93, Categories: evidence, Plea
J. Hixson finds the trial court properly convicted defendant for the sexual assault of his 12-year-old daughter. A detective testified to interviewing the mother and daughter on allegations of the father's committing sexual assault. Sufficient evidence, including forensic interview and statements made by defendant involving keeping secrets supports the conviction. Defendant's challenge of evidence sufficiency is not preserved for review, and the trial court properly denied his request for directed verdict. The victim testified that her father touched her "private area," which can be construed as having been done for sexual gratification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 15, 2024, Case #: CR-23-611, Categories: evidence, Sex Offender, Child Victims
J. Harrison finds the trial court properly convicted defendant for threatening a judicial official and making harassing communications. After the judge issued an arrest warrant for defendant in another case, he received an email known to belong to defendant, stating, "You want me to come before you, boy? You’re a punk. Nothing more. If you want me incarcerated, why not come get me yourself? Fat-ass punk. Look at your piece of shit ass, boy. ‘I’m a fat ass punk who can’t protect my own ass.’ You lazy piece of shit." He also received a voicemail where defendant said, "I’m going to come to your house sometime in the very near future. So, if you don’t want that to happen, you should call me back.” Sufficient evidence supports the conviction. Though defendant asked for a directed verdict, he did not offer the court any reason to grant one. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: May 15, 2024, Case #: CR-23-506, Categories: evidence, Threats
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J. Shorr finds the trial court properly determined there was sufficient evidence in the record to support the “less-satisfactory evidence” jury instruction. “Plaintiff’s contention that the less-satisfactory evidence instruction was not harmless is not sufficiently related to the evidence at issue or the trial court’s actual ruling."
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: May 15, 2024, Case #: A179622, Categories: evidence, Jury, Negligence
J. Barrett finds the trial court properly convicted defendant for aggravated assault, fleeing by vehicle with extreme indifference to the value of human life, criminal mischief, and fleeing on foot. Officers testified to a pursuit involving a vehicle with no license plates. The pursuit reached speeds of over 100 mph and included sudden turns as well as driving on the wrong side of the road. The male driver ran after crashing due to hitting stop sticks. After defendant escaped, a police dog found his shirt and he was apprehended and identified by pursuing officers and dashcam video. Sufficient evidence supports the convictions and any prejudice caused by unrecorded custodial statements made by defendant is not preserved for appellate review. There is also no constitutional right to have such statements recorded. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 15, 2024, Case #: CR-23-381, Categories: evidence, Escape, Vehicle
J. Johnson finds the trial court properly convicted defendant for murder. Officers discovered the victim's body, shot in the face with a shotgun, inside the trailer after a 911 report. Defendant, in a confused state of mind, was sitting on the porch and claimed that the victim had broken into his residence, though officers saw that she was wearing socks and slippers with no dirt on them. Though defendant said that he did not know the victim, it was later discovered that he had recently met her on a dating website. Though defendant says the shooting was accidental, sufficient evidence supports the conviction. No ineffective assistance is found; and testimony from defendant's ex-wife and work associate involving threats he had made about shooting them while pointing a gun at them was properly admitted. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 15, 2024, Case #: 09-22-00385-CR, Categories: evidence, Ineffective Assistance, Murder
J. Alley finds a lower court did not err in admitting a confession and evidence obtained via in a warrantless search in the murder trial of a former Border Patrol agent accused of killing multiple women, especially targeting sex workers. Defendant “voluntarily waived his right to remain silent” when he told investigators during an interview that "he was ‘clean[ing] up the streets’ of Laredo,” and multiple legal theories support the authorities’ search of his vehicle. Most notably, they had probable cause for the search, as a purse belonging to a woman who escaped was “in plain view” on his truck's floorboard. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 15, 2024, Case #: 08-23-00025-CR, Categories: evidence, Murder, Search
[Consolidated.] Per curiam, the appellate court finds that the trial court should have granted the relators' exceptions of no cause of action on the decedent's family's claim for bystander damages after the decedent drowned while being chased by the facility's employees after they observed the decedent tampering with their vehicle. In this case, the family does not show that they observed the drowning or chase. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 24-C-58, Categories: evidence, Wrongful Death
J. Johnson finds that the trial court properly dismissed a hotel visitor's fall claim against the hotel when a bottom cushion of the chair slid out as he sat down, causing him to fall forward. In this case, the visitor's videotape of a hotel employee allegedly admitting to the defective nature of the chair was not admitted because the videotape was not properly authenticated. Further, the hotel submitted an affidavit of an employee who stated she observed and inspected the chair and that the chair was not defective. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 15, 2024, Case #: 23-CA-449, Categories: evidence, Negligence
J. Gravois finds that defendant was properly convicted of second degree murder. The trial court properly denied defendant's motion to suppress evidence extracted from the victim's cell phone because defendant had no possessory interest or reasonable expectation of privacy in the personal property of the victim. Further, defendant's cell phone was properly seized and was examined by the digital forensics unit within the time limitation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 15, 2024, Case #: 23-KA-392, Categories: evidence, Search
J. Pagan finds the trial court properly declined to acquit defendant for witness tampering. Evidence was “sufficient to find that defendant was attempting to induce a witness to disobey a legal obligation to testify.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A177990, Categories: evidence, Witnesses
J. Hoyle finds the trial court properly convicted defendant for possession of a firearm by a felon. Defendant was arrested after a traffic stop and the ensuing vehicle search produced the firearm. Defendant was stopped after multiple restaurant patrons witnessed him arguing with a waitress and offered to follow her home. During the drive, the witnesses observed defendant trying to hit the waitress with his truck. Defendant's status as a felon and other substantial evidence supports the conviction. The prosecutor’s asking the jury to put itself in the victim’s place does not fall outside proper jury argument as it was an appropriate response to the defense's argument seeking to have the jury focus on the waitress's testimony that she did not want defendant to be arrested. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: May 15, 2024, Case #: 12-23-00269-CR, Categories: evidence, Firearms
J. Wood finds the circuit court improperly granted summary judgment in favor of the hospital. The hospital was sued for negligence by the patient who was injured from a slip and fall on hospital premises. Though the hospital says a "wet floor" sign was in place near the puddle of water where the patient fell, testimony from the patient and a hospital employee creates a question of fact on the issue of whether there was a recurring leak in the area. The court’s finding that there was not a recurring leak is premature. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CV-23-146, Categories: evidence, Tort, Negligence
J. Badalamenti denies the accountant's motion to dismiss. The government seeks to collect penalties for his allegedly willful failure to report financial interests in foreign bank accounts. The accountant, who maintains multiple citizenship, is employed with PricewaterhouseCoopers and has a graduate degree in strategic management. Under a call option agreement, a client received the right to purchase 120,000 shares of an affiliated company in the Cayman Islands, and the accountant requested that all correspondence relating to the account be held at the bank’s “Hold Mail” counter, meaning that no correspondence involving the over $12.5 million account would be mailed to him in the United States. Other efforts to conceal Swiss accounts were also made. Because the court does not have the administrative record regarding the IRS’s decision-making process for its penalty calculation at the motion to dismiss stage, it declines to address the argument as to whether a penalty is arbitrary and capricious. The complaint adequately alleges that the accountant failed to report “identifying information required to be provided with respect to an account.”
Court: USDC Middle District of Florida, Judge: Badalamenti , Filed On: May 15, 2024, Case #: 2:23cv452, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: evidence, International Law, Tax
J. Kamins finds the trial court properly excluded testimony from a defense expert because it was relevant as nonscientific evidence. Any error is unpreserved because defendant argued that the evidence was scientific before the trial court. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A179212, Categories: evidence, Experts
J. Miskel finds that the lower court properly terminated the mother's parental rights to the child. The mother's counsel has indicated that the appeal is without merit, and the court agrees. The evidence shows that the mother had a history of incarceration and that she tested positive for methamphetamines during the pending case. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 15, 2024, Case #: 05-24-00159-CV, Categories: evidence, Family Law
J. Kistler finds the trial court erred by declining to acquit defendant of witness tampering and conspiracy. “No reasonable juror could infer from those text messages that defendant was asking [his son] either to give false sworn testimony in an official proceeding or to unlawfully withhold sworn testimony in an official proceeding.” Reversed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: May 15, 2024, Case #: A178060, Categories: evidence, Conspiracy, Witnesses
J. Golemon finds the trial court properly convicted defendant for DUI. The prosecutor showed the jury a puzzle with pieces missing, and after adding the pieces to show the full picture noted the term "beyond a reasonable doubt" consisted of common sense. The defense objected, arguing the prosecution was attempting to redefine "beyond a reasonable doubt." The judge correctly overruled the objection, telling the jury there was “no specific legal definition of beyond a reasonable doubt” and that it was up to each juror to determine. Dashcam and bodycam videos, as well as the results of field sobriety and breath tests, support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 15, 2024, Case #: 09-22-00266-CR, Categories: evidence, Prosecutorial Misconduct, Dui
[Consolidated] J. Moore finds the juvenile court properly denied the state's motions to terminate the father's parental rights. The state became involved when the mother’s youngest child, a half-sibling of the father’s children, tested positive for drugs at birth. The father, with a history of drug abuse, was in jail at the time of the filings. Though the children have been in foster care for a large part of their lives, because of the positive father/child relationship, his expressed desire to parent them and his success in following his case plan, the state was unable to prove by clear and convincing evidence he is an unfit parent. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: May 14, 2024, Case #: A-23-631, Categories: evidence, Family Law, Guardianship
J. Pirtle finds the trial court properly convicted defendant for negligent child abuse. Defendant's 15-year-old daughter testified her father whipped her on the backs of her legs with a phone charging cord after she refused to give him her phone out of fear he might break it like he had done before. During the altercation and the daughter's attempts to escape, the father also punched her in the face and sexually assaulted her. Sufficient evidence, including family testimony and the consistency of the victim's injuries, supports the conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 14, 2024, Case #: A-23-255, Categories: evidence, Assault, Child Victims
J. Cogburn denies a municipality and four of its police investigators their motion to dismiss allegations of 14th Amendment rights violations and tort claims brought by a nursing home aid illegally accused of abuse and sexual assault on a resident. The aid had previously been incarcerated for five years after the officers wrongfully framed him for crimes he did not commit, as was discovered at an evidentiary hearing. The judge immediately released him upon finding him innocent. Evidence shows that the police investigators systematically manipulated and harassed the aid into a false confession, and their arguments to the contrary are insufficient.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:23cv624, NOS: Other Civil Rights - Civil Rights, Categories: evidence, Malicious Prosecution, Police Misconduct
J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child. The father failed to adequately preserve his due process argument. Additionally, the evidence sufficiently supports the lower court's best interest finding as to the mother. The record indicates that the mother was "living in a hotel at the time of the trial" and that she had a history of drug abuse. Additionally, the foster parents provided the child with a good home. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 14, 2024, Case #: 05-23-01255-CV, Categories: evidence, Family Law
J. Edmondson suspends Kenyatta Ray Bethea for one year. Bethea pleaded guilty to a first-time misdemeanor DUI after colliding with two vehicles, injuring six people, including children, inflicting significant bodily harm. Clear and convincing evidence establishes the attorney is remorseful and has taken additional steps by leaving the ignition interlock device on his car for an extra two months. The attorney also independently sought counseling. There is no evidence he has a history of driving under the influence.
Court: Oklahoma Supreme Court, Judge: Edmondson , Filed On: May 14, 2024, Case #: SCBD-7443, Categories: evidence, Sanctions, Attorney Discipline
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates that the child "suffered a life-threatening crisis by ingesting methamphetamine" while in the mother's care and that the mother failed to "maintain a drug-free lifestyle" as required. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 14, 2024, Case #: 07-23-00442-CV, Categories: evidence, Family Law
J. Connors finds that the lower court properly convicted and sentenced defendant for murder. On appeal, defendant argues that the lower court erred “by admitting evidence of the victim’s state of mind.” However, it was not an abuse of discretion for the court to allow the victim’s statements to a friend that she was afraid of defendant. Additionally, the lower court gave an “immediate instruction” regarding the burden of proof following a certain query by the prosecutor during closing argument. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: May 14, 2024, Case #: 2024ME35, Categories: evidence, Murder
J. Dlott denies both summary judgment motions, ruling the employee is not entitled to judgment on his failure to accommodate claim. It was not pleaded separately from the Americans with Disabilities Act retaliation claim and is intertwined with that claim such that they must be decided together. Meanwhile, emails between management employees create a question of fact as to whether the employer believed the employee was disabled after a stroke affected his quality of work, while evidence of similarly-situated employee who were never disciplined for similar quality control issues allows the suit to proceed.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: May 14, 2024, Case #: 1:19cv999, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, evidence, Employment Discrimination
J. Lawrence finds the trial court properly granted the apartment complex's motion for summary judgment on the estate's wrongful death claim. The victim and the individual who shot and killed her knew each other before the incident, while the estate also failed to submit any evidence of a causal relationship that would have transferred liability to the complex. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Lawrence, Filed On: May 14, 2024, Case #: 2022-CA-897, Categories: evidence, Wrongful Death