10 results for 'cat:"Jury" AND cat:"Battery"'.
J. May finds that the lower court properly denied defendant a jury instruction on parental privilege in his trial for intimidation and battery because defendant's actions in threatening his child with a knife did not fall under parental privilege. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 1, 2024, Case #: 23A-CR-1060, Categories: jury, battery
J. Yohalem finds the trial court properly denied defendant's motion to dismiss an entire jury panel during voir dire. Although statements about a criminal defendant's guilt made by a potential juror showed bias, they did not pertain to any specific facts about defendant, while the trial court also questioned the remaining jurors about whether the comments would impact their ability to remain impartial. Meanwhile, defendant's convictions for battery by strangulation and false imprisonment did not violate his double jeopardy rights. The victim was choked and restrained initially, before defendant took her phone for a 10-minute period and refused to allow her to leave the room; therefore, there was separate evidence to support each conviction. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: April 29, 2024, Case #: A-1-CA-40425, Categories: jury, Double Jeopardy, battery
J. Lanier finds that defendant was properly convicted and sentenced for battery of a police officer for an incident in which he attacked a deputy at a medical clinic for inmates. There was no error in the denial of defendant's cause challenge of a prospective juror who did not initially disclose she had previously dated the friend of the Assistant District Attorney 20 years ago because she did not consider this a "close personal relationship" that would hinder her ability to be fair and impartial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: February 23, 2024, Case #: 2023KA0755, Categories: jury, battery
J. Hanisee finds the trial court improperly denied defendant's motion to excuse a juror for cause because the juror, a firefighter who spoke at length about his inability to remain impartial in cases that involved intoxicated drivers, exhibited bias against defendant that deprived her of the right to an impartial jury. Although the juror was ultimately not selected to serve at defendant's trial, the court's refusal to grant defendant's motion to remove for cause after the juror explicitly said, "I don't know if I'll be fair" prejudiced defendant and requires a new trial. Reversed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: February 14, 2024, Case #: A-1-CA-39908, Categories: jury, battery
Per curiam, the circuit finds the trial court improperly convicted defendant for aggravated battery. Defendant says he has been subject to double jeopardy as he has had three trials. His first trail resulted in a hung jury and mistrial, while the second trial was declared a mistrial due to juror scheduling issues. Though the third trial resulted in a conviction, the court erroneously declared the second mistrial based on juror availability, as juror scheduling conflicts do not rise to the level of legitimate unavailability allowing for a mistrial. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 2, 2024, Case #: 23-30086, Categories: jury, battery, Due Process
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J. Weimer finds that the trial court should not have set aside defendant's conviction for domestic abuse battery involving strangulation based on the improper denial of a cause challenge of a juror. In this case, defendant did not contemporaneously object to the jurors during voir dire. Under the Code of Criminal Procedure art. 800(A), defendant is required to object contemporaneously in order to assign as error a ruling of a trial court refusing to sustain the challenge of a juror for cause. Reversed.
Court: Louisiana Supreme Court, Judge: Weimer, Filed On: December 8, 2023, Case #: 2022-K-01824, Categories: Criminal Procedure, jury, battery
J. Brown finds the trial court properly convicted defendant for battery committed against a 75-year-old man. Evidence of the victim’s previously unknown convictions for robbery, domestic battery, and solicitation of murder, as disclosed during trial by the victim’s testimony, did not constitute a discovery violation. The testimony did not prove that the victim was the aggressor and defendant’s motion for directed verdict was properly denied. No proof was presented for self-defense and the court properly denied defendant’s request for jury instruction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CR-22-407, Categories: Evidence, battery, jury Instructions
J. Moeller finds that the trial court properly provided the jury instructions for felony battery on a police officer and denied defendant's request for instructions on either misdemeanor resisting an officer or misdemeanor battery. Resisting arrest is not a lesser included offense of battery and the evidence showed that her kick to the officer's stomach was a felony "strike." Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: October 4, 2023, Case #: 49255, Categories: Resisting Arrest, battery, jury Instructions
J. Hodges finds that the trial court properly convicted defendant of aggravated battery and possession of a firearm by a convicted felon. The trial court correctly denied defendant's motion for a new trial and did not violate defendant's right to be present at all critical stages of his trial when it dismissed a potential juror during a recess. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 20, 2023, Case #: A23A0500, Categories: Firearms, jury, battery