6 results for 'cat:"Fair Trial" AND cat:"Due Process"'.
J. Groves finds the bill of particulars produced for defendant by the state was not so threadbare as to violate his due process rights. It contained information about all the sexual assaults that made up the indictment and as clear a timeframe as possible, given the age of the victim at the time of the assaults. Meanwhile, the trial court's decision to admit victim-impact statements from several witnesses did not violate defendant's fair trial rights because the testimony was elicited only in relation to the victim's disclosure of the abuse and did not improperly inflame the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: December 28, 2023, Case #: 2023-Ohio-4793, Categories: fair Trial, Sex Offender, due Process
Per curiam, the Ninth District denies defendant’s petition for a writ of mandamus seeking to compel the trial court to hold an examining trial. Defendant fails to mention whether he has been indicted and the petition is silent about whether he is represented by counsel. The petition doesn’t show that defendant filed a motion in the trial court asking it to conduct an examining trial; it only says that he hasn’t had one. Defendant failed to include an appendix to his petition containing the records required to establish his petition has merit and has not shown that an abuse of discretion occurred.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 19, 2023, Case #: 09-23-00219-CR, Categories: fair Trial, due Process
J. Martin finds the trial court improperly convicted defendant for first-degree murder for allegedly shooting someone in the head during a fight precipitated by defendant's shouting “f*** [them], play the music!” in response to a moment of silence observed at a bar in honor of a deceased patron. Defendant was apprehended in possession of the weapon used in the shooting after being identified by bar patrons. The court violated defendant's rights to a public trial when it excluded his mother, a potential witness who was present with defendant during questioning, from the courtroom. The state failed to show that there was any reasonable probability that the mother would actually testify, even stating that it was unlikely to call her. Reversed.
Court: Illinois Appellate Court, Judge: Martin , Filed On: June 29, 2023, Case #: 1-18-1070, Categories: fair Trial, Murder, due Process
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J. Biran disagrees with the lower court’s decision to exclude a statement by a victim of voluntary manslaughter committed by another man who sold drugs in the same territory. The trial court excluded the statement “This is my block” as hearsay, but the man argued it was relevant based on the victim’s known propensity for violence and possession of handguns, evidencing the statement as a credible threat. After a jury trial, the intermediate court published its dicta comparing the man to the monster Grendel in the Old English epic, Beowulf. The man asserts that equating him, a Black man, to this character suggests racist tropes. However, because the omission of the victim’s statement remains unconvincing beyond a reasonable doubt that it did not influence the verdict, the man has been deprived of his due process, necessitating a new trial. Because of this, the dicta will remain unaddressed. Reversed in part and remanded.
Court: Supreme Court of Maryland, Judge: Biran, Filed On: May 31, 2023, Case #: 119015009, Categories: fair Trial, Manslaughter, due Process