15 results for 'cat:"Jury" AND cat:"Vehicle"'.
J. Ortego finds that defendant was properly convicted for carjacking and adjudicated as a fourth habitual offender, resulting in a life sentence of hard labor without parole. There was plenty of evidence that defendant attacked the carjacking victim unprovoked, thus there was "violence" and all of the elements of the crime were established beyond a reasonable doubt. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: KA-23-736, Categories: Robbery, vehicle, jury Instructions
J. Bivins denies a trucking company and its truck driver’s motion for partial summary judgment in this personal injury lawsuit after the truck driver was using his cell phone and rear-ended a driver and his passenger on the interstate. The driver and passenger allege that the truck driver did admit to using the cell phone while speeding. A reasonable jury could decide the truck driver’s behavior was inherently reckless because he took his eyes off the interstate.
Court: USDC Southern District of Alabama, Judge: Bivins, Filed On: April 22, 2024, Case #: 1:23cv125, NOS: Motor Vehicle - Torts - Personal Injury, Categories: jury, vehicle, Negligence
J. Abele finds that although the trial court added a recklessness element to the jury instruction for defendant's driving with fictitious license plates charge, defendant was not prejudiced. It decreased the likelihood of a guilty verdict and did not affect the outcome of the trial. Meanwhile, defendant's erratic driving, admission to the arresting officer he had been "snorting a perc," and the officer's testimony about slurred speech and constricted pupils was sufficient to support his conviction for driving while impaired. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: March 15, 2024, Case #: 2024-Ohio-1036, Categories: Dui, vehicle, jury Instructions
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
[Modified.] J. Kelety excludes part III from the previously published opinion in this case. The state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 6, 2024, Case #: D081267, Categories: jury, vehicle
J. Kelety finds that the state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 2, 2024, Case #: D081267, Categories: jury, vehicle
J. Johnson finds the trial court properly convicted defendant for evading arrest or detention with a motor vehicle. The record supports the state’s race-neutral explanation for its peremptory strikes of jurors with Hispanic surnames. Other jurors with Hispanic surnames served on the jury and the trial court could have reasonably determined that defendant failed to meet his burden to show that the facially neutral reason was pretextual. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-23-00070-CR, Categories: jury, Escape, vehicle
J. Dillard finds no error in the jury's verdict in favor of the cyclist and motorist in the citizen's negligence lawsuit over a car accident she says they caused which led to her neck and back injuries. Although the trial court's jury instruction regarding the preponderance-of-the-evidence standard was "erroneous and misleading" as the citizen claims, the error does not warrant a new trial, in part because the driver herself admitted at trial that neither the motorist nor the cyclist "did anything wrong" to cause the accident, making it unlikely that the disputed instruction contributed to the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 3, 2023, Case #: A23A0986, Categories: jury, vehicle, Negligence
J. Pellegrini finds that the lower court properly entered judgment in this personal injury action between two drivers arising from a motor vehicle collision. Evidence concerning one of the driver's alcohol consumption was relevant to the issue of causation in this case and was, therefore, properly admitted. Also, the lower court's jury instructions "fully and accurately stated the law," and the court did not abuse its discretion in its decision not to instruct the jury on nearly a dozen non-standard charges when this case included only a single claim for negligence. Affirmed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: September 18, 2023, Case #: J-A19043-23, Categories: jury, vehicle, Negligence
J. Orfinger finds that the trial court erred by not giving requested jury instructions in a personal injury action arising from a collision between a truck and a bicycle. The evidence supported giving the instructions regarding the accused truck driver's alleged violations of the traffic laws. The case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Orfinger, Filed On: August 4, 2023, Case #: 6D23-85, Categories: jury, vehicle, Negligence
J. Albrecht affirms the trial court’s conviction of the defendant sentenced to 25 years in prison for the violent carjacking of a woman with two kids at a Shell gas station, dismissing defendant’s challenge that there was insufficient evidence to support the aggravating that there was a 15-year-old passenger in the blue Nissan at the time of the offense. Any rational trier of fact could have found that the essential elements of the offense were proven beyond a reasonable doubt. While it is true that the evidence reflects no passengers were inside the vehicle by the time defendant sped off, this is not the determinative time frame for when the offense commenced.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: June 2, 2023, Case #: 22-0191, Categories: jury, Theft, vehicle
Per curiam, the appeals court finds the trial court improperly ordered a new trial in the two drivers' lawsuit over a car accident. The trial court's cited reasons for ordering a new trial, including because of what it considered defense counsel's cumulatively prejudicial statements to the jury referring to the age of the 65-year-old truck driver in the accident with their client and questions about the truck driver's Medicare coverage, do not rise to the level of prejudice necessitating a new trial. The order granting a new trial is overturned and the jury's verdict is reinstated. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 19, 2023, Case #: 23-0019, Categories: jury, Tort, vehicle