10 results for 'cat:"Firearms" AND cat:"Due Process"'.
[Consolidated.] J. Aarons finds that the lower court properly denied a request in which defendant, a retired police officer, sought to vacate his conviction for falsely reporting an incident and illegally discharging a firearm. Defendant contends he was denied due process on grounds that his sentence was based on extrajudicial materials, but he was aware grand jury minutes would be considered. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 14, 2024, Case #: 113251, Categories: firearms, Plea, due Process
J. Horton finds the trial court properly convicted defendant for being a felon in possession of a firearm. At the first hearing, defendant requested a bench trial but failed to attend. Defendant says his rights were infringed by the court's convicting him by bench trial outside his presence. The record shows his attorney never claimed that no plea was entered, and the court of appeals must assume that a plea was entered before trial. Therefore, the premise of the appeal, that defendant was tried without entering a plea, has no merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: January 31, 2024, Case #: 09-22-00139-CR, Categories: Constitution, firearms, due Process
J. Papik finds the county court properly removed defendant from the problem-solving court program. Convicted by guilty plea for attempted possession of a firearm by a prohibited person, defendant was enrolled in the program and subsequently removed due to repeated failures to comply with requirements. By pleading guilty, defendant knowingly and voluntarily waived his right to a presentence investigation and his sentence is within statutory guidelines. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: January 19, 2024, Case #: S-23-192, Categories: firearms, Probation, due Process
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J. Celebrezze finds the lower court erroneously granted defendant's motion to dismiss on the grounds of outrageous government conduct. Police officers' creation of a roadblock following his criminal conduct and attempt to flee does not rise to a level that would shock the conscience or constitute coercion on the part of law enforcement. Additionally, the trial court erroneously granted defendant's motion to suppress because it applied an improper legal test and required the state to prove the arresting officer had probable cause to initiate a traffic stop when the correct burden of proof was reasonable suspicion. Reversed.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: November 16, 2023, Case #: 2023-Ohio-4126, Categories: firearms, Search, due Process
J. Codrington finds that the trial court improperly dismissed a felon in possession of a firearm complaint. No evidence shows that the loss of dashcam footage during the five years between when the charge was filed and when the case was prosecuted prejudiced defendant. Reversed.
Court: California Courts Of Appeal, Judge: Codrington, Filed On: October 17, 2023, Case #: E079991, Categories: firearms, due Process
J. Gaziano affirms the defendant’s convictions for murder, home invasion and armed assault with intent to rob, as well as the denial of his motion for a new trial, but vacates his firearms-related convictions. The firearms convictions are vacated because the jury was not told that Massachusetts bears the burden of proving that the defendant didn’t have the required firearm licenses, and there is no evidence on record that he didn’t have the required licenses.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: August 10, 2023, Case #: SJC-12649, Categories: firearms, Murder, due Process