25 results for 'cat:"Murder" AND cat:"Plea"'.
J. O'Leary finds that the lower court properly denied defendant's peremptory challenge to the judge assigned to preside over his resentencing hearing. Peremptory challenges are only available prior to adjudication, and statute requires that the same judge who sentenced a defendant, including cases resolved in plea deals, preside over resentencing.
Court: California Courts Of Appeal, Judge: O'Leary, Filed On: March 15, 2024, Case #: G062526, Categories: murder, Sentencing, plea
J. Pinson finds that the trial court properly convicted defendant of murder and aggravated assault following his guilty plea. Defendant's plea was made voluntarily even though he was not informed of his right against self-incrimination. The Georgia Supreme Court switches course on its prior precedent with respect to overturning guilty pleas and rules that a guilty plea is valid so long as the record shows that it is voluntary and intelligent under the totality of the circumstances. A plea may be valid even if a defendant is not expressly advised on the record of his rights to a jury trial, to confront witnesses against him and his right against self-incrimination. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: February 20, 2024, Case #: S23A0840, Categories: murder, plea
J. Stephens finds that defendant was properly sentenced to 50 years at hard labor with the benefit of the possibility of parole eligibility after 25 years on his guilty plea to attempted second degree murder. Defendant acknowledged in the plea that he could receive the maximum sentence for attempted second degree murder. Further, defendant received a substantial benefit from his plea agreement when the state dismissed the counts for attempted second degree murder and conspiracy. Also, defendant intentionally fired his weapon at multiple targets in an unprovoked attack that wounded one victim and led to the death of another. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens , Filed On: January 10, 2024, Case #: 55,382-KA, Categories: murder, plea
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J. Garry finds that the lower court properly sentenced defendant based on his guilty plea to murder in a fatal stabbing. Although defendant's substance abuse and mental health issues constituted mitigating factors, the negotiated sentence fell below the permissible maximum. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: December 14, 2023, Case #: 112824, Categories: murder, Sentencing, plea
J. Williamowski finds defendant was not prejudiced at his trial on a murder charge when his attorney was unable to cross-examine a codefendant who pleaded guilty about the exact sentence he might have received without the plea. The codefendant was questioned about his motive for entering a plea, which properly informed the jury of the potential for false testimony, while the sentence he might have received at trial was undetermined. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: December 11, 2023, Case #: 2023-Ohio-4472, Categories: murder, plea, Witnesses
J. Buchanan finds that the trial court erred in concluding that a plea agreement barred it from conducting a full resentencing hearing under new law, and instead conducted a partial hearing that struck a one-year prior prison term enhancement from defendant's sentence. And if the full hearing results in a sentence reduction, the state may not back out of the plea agreement. Reversed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: December 8, 2023, Case #: D082219, Categories: murder, Sentencing, plea
J. Badding finds that defendant was properly denied relief from the conviction based on his guilty plea to second-degree murder because defendant willingly made the plea in order to avoid a potential first-degree murder conviction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: December 6, 2023, Case #: 22-1782, Categories: murder, plea
J. Luthy finds that defendant's motion to have his appeal of a murder conviction reinstated was timely. On remand, the trial court must make findings about whether the trial court and counsel properly informed him of his right to appeal before determining if his appeal may proceed. Vacated in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 24, 2023, Case #: 20210181-CA, Categories: murder, plea
J. Smith finds the lower court properly denied defendant’s motion for post-conviction relief. Defendant pleaded guilty to two counts of first-degree murder and was sentenced to two consecutive terms of life imprisonment in the custody of the Mississippi Department of Corrections. Though defendant argues his guilty pleas were involuntary, the record shows otherwise, with the lower court conducting two plea colloquy proceedings to make sure defendant was aware of the consequences of his entering his pleas and that he was knowingly and voluntarily entering them. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 2022-CP-01186-COA , Categories: murder, plea, Due Process
J. Buller finds that defendant was properly denied relief from the attempted murder conviction based upon his Alford plea to stabbing his wife. Defendant contends he entered the plea based on faulty advice from his attorney, but failed to prove he would have demanded a trial under different circumstances. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 8, 2023, Case #: 21-1335, Categories: Ineffective Assistance, murder, plea
[Consolidated.] J. Arterburn finds the trial court properly convicted defendant by plea agreement for possession of a deadly weapon by a prohibited person and attempted murder and unlawful discharge of a firearm. The plain terms of the plea agreement allowed the state to recommend a sentence that, after good time credit, would still require defendant to serve 22 years. But the state recommended an actual bottom number of 22 years, which with good time credit could result in parole at an earlier point. Though no restrictions were placed on the upper limit of the sentence, there was no breach of the agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 31, 2023, Case #: A-23-011, Categories: Firearms, murder, plea
J. Gustafson finds that defendant — who was charged with deliberate homicide before he took a guilty plea without acknowledging his guilt — did not demonstrate a need for this court to engage in plain error review of his plea’s sufficiency. Additionally, his claim for ineffective assistance of counsel is not based in the record, so his direct appeal is inappropriate. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: October 6, 2023, Case #: DA 21-0465, Categories: murder, Sentencing, plea
J. Abramson finds the circuit court properly denied the inmate convicted for criminal mischief and aggravated assault’s petition for postconviction relief. Though defendant was acquitted on a second count of assault, and the jury deadlocked on a murder charge, defendant entered a negotiated guilty plea to murder. Defendant admittedly shot the victim multiple times, hitting him with every shot, immediately fleeing at a speed that caused him to nearly run over a police officer and sent his car airborne, crashing on top of a police vehicle. Defendant’s self-defense argument has been rejected. The postconviction proceeding is civil in nature and appointment of counsel is discretionary. There is no civil rights violation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 4, 2023, Case #: CR-22-548, Categories: murder, Assault, plea
J. Waite finds the trial court properly denied defendant's motion to withdraw his guilty plea because the previous remand from this court was for the purpose of a limited resentencing and had affirmed his convictions, which prevented any consideration of his plea agreement. Meanwhile, the trial court made all necessary findings before it imposed consecutive sentences that were less than the maximum defendant could have received, and because he had an extensive criminal record before the heinous crimes at issue in this case - including the murder and dismemberment of his girlfriend - the sentences were not unreasonable. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: September 29, 2023, Case #: 2023-Ohio-3595, Categories: murder, Sentencing, plea
J. McMillian finds that the trial court properly dismissed defendant's pro se motion to withdraw his guilty plea to murder. The term of court in which defendant entered his guilty plea expired before his motions to withdraw were filed. Defendant's life sentence is not void. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: September 19, 2023, Case #: S23A0522, Categories: murder, plea
J. Kethledge finds the double jeopardy clause did not preclude defendant from being charged with murder for the death of his son several years after he pleaded guilty to a child endangering charge. Although the lesser-included offense of manslaughter was initially included in the original indictment, it was dismissed as part of the plea agreement. A criminal defendant is only "in jeopardy" when a court or jury has the power to determine guilt or innocence, and because the manslaughter charge was dropped before it could be placed before any trier of fact, defendant cannot seek to dismiss the murder charge on double jeopardy grounds. Affirmed.
Court: 6th Circuit, Judge: Kethledge, Filed On: August 21, 2023, Case #: 21-4229, Categories: murder, Double Jeopardy, plea
J. Huffman finds that although defendant's attorney failed to timely file the motion of his intent to argue self-defense, defendant was not denied effective assistance of counsel because the trial court still allowed a full hearing on the matter and so he was not prejudiced by the filing error. Meanwhile, the trial court did not err when it accepted defendant's no contest pleas because it properly informed him of all the consequences of the pleas and defendant told the court he understood his decision, including the inability to appeal his self-defense argument. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: August 4, 2023, Case #: 2023-Ohio-2701, Categories: Ineffective Assistance, murder, plea
J. Alvarez upholds defendant's guilty-plea conviction for the murder of his mother. His right to a speedy trial was not violated, as he never requested a speedy trial and the record indicates defendant's "strategic motivation was always to achieve a favorable plea or a dismissal." Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: July 19, 2023, Case #: 04-22-00030-CR , Categories: murder, plea, Speedy Trial
J. Smith finds the statement of innocence made by defendant at her plea hearing did not render her guilty plea involuntary. While she claimed to have no knowledge her husband intended to kill the victim when she helped him acquire a gun, the statement was made during sentencing, at which time her plea had already been accepted by the court, and also included admissions of guilt. However, because the trial court failed to provide the required notice to defendant about the process to rebut the presumption she would have to register as a violent offender under Ohio law, the case must be remanded to allow for the proper procedure. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: July 18, 2023, Case #: 2023-Ohio-2592, Categories: murder, Sentencing, plea
J. McMillian finds that the trial court improperly convicted defendant of murder after defendant entered a plea of guilty but mentally ill. The trial court incorrectly denied defendant's motion to withdraw his plea because the state failed to show that the plea was knowing and voluntary. Defendant repeatedly said that he felt threatened into entering the plea by police officers, claiming that the police threatened to kill his family. Reversed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: June 21, 2023, Case #: S23A0253, Categories: murder, plea
J. Diaz finds the lower court properly denied postconviction relief to the murderer. Police charged the murderer with several crimes, including carjacking, kidnapping, armed robbery, first-degree assault, and first-degree murder. The prosecutor offered to dismiss all the other charges if he pleaded guilty to two counts of carjacking and one count of second-degree murder. The murderer took the plea deal after hearing that Maryland's guidelines for these offenses are thirty to fifty-one years rather than the ninety possible years he faced for the original charges. He contends he involuntarily agreed to the plea deal, but the terms of his plea agreement, including his maximum sentencing exposure, were explained to him. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: June 14, 2023, Case #: 19-7638, Categories: murder, plea, Vehicle
J. Beckwith finds the trial court should have granted defendant's request to withdraw his guilty plea to second-degree murder while armed in a case arising from a gun battle, which ensued after he confronted a man for allegedly assaulting his girlfriend. Defense counsel improperly gave up defendant's self-defense claim during the plea colloquy. Reversed.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: June 8, 2023, Case #: 17-CF-1282 , Categories: murder, plea
Per curiam, the appellate court reinstates defendant's guilty plea to attempted first-degree murder. In this case, defendant's 2022 claim of an involuntary plea made in 1985 is beyond the prescriptive period. Further, although defendant, then a juvenile, was interrogated by police without counsel or family present, the guilty plea waived all non-jurisdictional defects in the proceedings and precludes review of such defects either by appeal or post-conviction relief. Vacated.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: May 30, 2023, Case #: 23-KH-220, Categories: murder, plea