12 results for 'cat:"Jury" AND cat:"Domestic Violence"'.
J. Schlegel finds that defendant was properly convicted of domestic abuse battery by strangulation. Defendant does not show that a juror should have been disqualified from serving for not disclosing a prior felony. In this case, the juror admitted that he had been convicted of possession of methamphetamine in 2010, but he thought he had received “a pardon when [he]was taken off of probation." However, defendant's sentence as enhanced by the multiple offender bill is illegally lenient for not restricting parole. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 17, 2024, Case #: 23-KA-393, Categories: jury, Sentencing, domestic Violence
J. Potterfield finds that the lower court properly admitted statements that defendant's victim made while fleeing from defendant in his trial for willful injury causing bodily injury and false imprisonment because statements concerning defendant's potential prison sentence were not sufficiently specific to imply defendant had prior criminal convictions. Affirmed.
Court: Iowa Court Of Appeals, Judge: Potterfield, Filed On: April 10, 2024, Case #: 22-1448, Categories: jury, domestic Violence, Kidnapping
J. Castillo finds that the trial court properly instructed the jury not to draw an adverse reference from the refusal of the alleged victim in defendant's domestic violence trial to testify, as she had properly invoked her Fifth Amendment privilege through counsel. Also, substantial evidence supported the decision not to excuse a juror for bias. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: January 30, 2024, Case #: D080776, Categories: domestic Violence, jury Instructions
J. Vaidik finds a lower court ruled correctly in convicting defendant on domestic abuse charges in an appeal concerning rules on jury instructions on “unanimity.” Despite defendant’s assertions to the contrary, a “special unanimity instruction” was not required in this case because the violence he was charged with was “part of one continuous episode” rather than discrete acts that the jury needed to evaluate separately. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: November 22, 2023, Case #: 23A-CR-1340, Categories: Assault, domestic Violence, jury Instructions
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J. Hudson affirms the defendant's conviction for felony domestic assault harm, finding that the state sufficiently proved that the defendant intended to cause harm to his victim, regardless of his claimed belief that his use of force was lawful. The use of force, furthermore, was not lawful self-defense since an "offense against the person" required to make an action self-defense must be an offense carrying the threat of bodily harm, and the district court's use of the word "assault" to describe such an offense in its jury instructions therefore did not change the meaning of the self-defense instruction. Affirmed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: August 23, 2023, Case #: A20-0361, Categories: domestic Violence, Self Defense, jury Instructions
J. Mead finds that the lower court properly convicted defendant of domestic violence aggravated assault and domestic violence assault, as well as violating a condition of release. On appeal, defendant argues that "his right to a representative jury was violated." However, the disparity in the jury venire "was insufficient to show underrepresentation." Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: August 15, 2023, Case #: 2023ME52, Categories: jury, domestic Violence
J. Stephens finds that the lower court properly convicted defendant of domestic violence. Defendant's main issue on appeal is the diversity of his jury, with defendant going so far as to ask the court to adopt a new test under the law in which a defendant can show evidence of a constitutional violation by showing a "comparative disparity level of 20% or more in a single jury venire." While it's noted that jury diversity is surely lacking in Washington state and that more can be done on the issue, defendant has not shown in this case that the state constitution requires this new proposed test. Under the current framework, the lower court fulfilled its "constitutional minimums" during jury selection. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: August 3, 2023, Case #: 100922-4, Categories: jury, domestic Violence
J. Johnson finds that the lower court properly granted defendant a new trial after his sentencing for felony assault. The state in its original brief did not challenge the finding that "the officer over objection was allowed to render an opinion as to whether he believed the offense had taken place." The finding was an independent ground supporting the decision to grant a new trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: July 12, 2023, Case #: 10-22-00123-CR, Categories: jury, Assault, domestic Violence
J. Gladwin finds the trial court properly convicted defendant for aggravated assault on a family member, domestic battery and endangering the welfare of a minor. Though defendant says he was trying to keep his daughter from leaving the house in the middle of the night, she testified that he, while drunk, came into her room as she was sleeping and started an argument. He began throwing lamps, then choked her. She ran out of the house and he and his dog chased her down. He again choked her as she attempted to flee. Home security video confirmed these events. Defendant claims that an evidence rule was used contrary to jury instruction, but his argument is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 24, 2023, Case #: CR-22-773, Categories: Assault, domestic Violence, jury Instructions