7 results for 'cat:"Murder" AND cat:"Sentencing" AND cat:"Conspiracy"'.
J. McConnell finds the trial court improperly convicted a man for premeditated attempted murder, conspiracy to commit murder and shooting at an occupied vehicle stemming from a gang-related drive-by shooting. The man argues the court erred by allowing the lead investigator to give an improper opinion testimony, because he was not qualified to testify that the man fired a ghost gun, striking the decedent. The jury likely relied on this prejudicial evidentiary error. Reversed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: February 20, 2024, Case #: D080114, Categories: murder, sentencing, conspiracy
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of murder, conspiracy and weapon possession in a murder-for-hire scheme to collect on a life insurance policy because circumstantial evidence established defendant agreed to drive codefendant from Delaware to New York, met with the insurance beneficiary before the murder, accompanied defendant to the victim's apartment, and drove him back to Delaware. However, his sentence should be modified by setting weapon counts to run concurrently to murder and conspiracy counts to result in an aggregate term of 25 years to life. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: January 25, 2024, Case #: 110698, Categories: murder, sentencing, conspiracy
J. Yegan finds the county court properly denied defendant’s second petition for resentencing. Defendant was convicted for murder and conspiracy to commit murder, with both convictions involving the same victim. The conspiracy conviction shows that, as a matter of law, the target offense is murder. This holding is the law of the case, conclusively establishing that defendant is not entitled to resentencing. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: October 30, 2023, Case #: B324567, Categories: murder, sentencing, conspiracy
J. Rogers finds the trial court properly denied defendant's motion for a three-level sentencing guideline reduction because the reduction - granted in cases where members of the conspiracy do not complete all the acts necessary to achieve their goal - is applicable only when a criminal offense is not covered by a specific guideline. Therefore, because defendant's convictions were expressly covered by the conspiracy to commit murder sentencing guidelines, he was properly denied the reduction. Affirmed.
Court: 6th Circuit, Judge: Rogers, Filed On: August 28, 2023, Case #: 21-4106, Categories: murder, sentencing, conspiracy
J. Gregory finds the lower court properly denied the defendant's motion to dismiss his life sentence for hiring a friend to kill his mistress's husband. The defendant argues that recent Supreme Court decisions mean his predicate offenses, aiding and abetting carjacking resulting in death and murder with a firearm in relation to a crime of violence, no longer qualify as crimes of violence. Aiding and abetting a carjacking resulting in death remains a crime of violence under either the law's force or elements clause. Affirmed.
Court: 4th Circuit, Judge: Gregory, Filed On: August 10, 2023, Case #: 21-7171, Categories: murder, sentencing, conspiracy
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