224 results for 'cat:"Murder" AND cat:"Sentencing"'.
J. Dato finds that defendant is ineligible for resentencing for conspiring to commit murder and attempted murder for luring her ex-husband to a remote location where her lover shot him. The attempted murder count was based on an intent to kill, not a natural and probable consequences theory. The conspiracy to commit murder jury instruction required a finding that she agreed with her lover's intention to kill, so it was not based on imputed malice. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: May 2, 2024, Case #: D080941, Categories: murder, sentencing
J. Liu holds that the appeals court erred in limiting the resentencing authority of a trial court that had stricken a firearm enhancement. A trial court may impose a lesser included, uncharged enhancement that is supported by findings, even if the enhancement is from somewhere in the penal code other than the firearm enhancement statute. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: April 29, 2024, Case #: S275940, Categories: Firearms, murder, sentencing
J. Swiney finds the lower court properly dismissed defendant’s petition for writ of mandamus on grounds that it lacked subject matter jurisdiction. Defendant was convicted of first degree murder and attempted first degree murder, and sentenced to life imprisonment. He filed his petition with a chancery court, asking for the judgment to be expunged, as it was not properly endorsed with the date received. Though defendant argues he filed the petition for the court to compel the clerk of the criminal court to expunge what he claims is an illegal sentence, the lower court found that he was effectively challenging the legality of his sentence, which is outside the authority of the trial court; the instant court agrees. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 26, 2024, Case #: M2023-01016-COA-R3-CV, Categories: murder, sentencing, Jurisdiction
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J. Standridge finds a lower court properly convicted and sentenced a defendant for first- degree felony murder, aggravated kidnapping, and aggravated battery. The defendant, who serves a hard 25 life sentence and consecutive 13 months in prison, argued that the lower court erred in allowing the State to submit alternative means of aggravated kidnapping, and that evidence of was insufficient to support his conviction. However, the State presented sufficient evidence in court that "taking or confining" does not support alternative means of kidnapping or aggravated kidnapping. Affirmed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: April 26, 2024, Case #: 125685, Categories: murder, sentencing, Kidnapping
J. Yegan finds that defendant's bid for resentencing on a provocative act murder conviction failed because it is still a valid theory of murder. The legislature had the opportunity but chose not to eliminate provocative act murder when it eliminated the natural and probable consequences theory of murder. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: April 23, 2024, Case #: B323640, Categories: murder, sentencing
J. Rowland finds the trial court properly convicted defendant for two counts of murder, sentencing him to death. Defendant became the prime suspect after a bank employee notified police of a series of transactions on the victim's debit card after her and her young son's deaths at their home. Defendant was identified by ATM photos and the testimony of the victim's sister, as well as testimony of multiple witnesses of preceding events. Even if the "knowingly creating a great risk of death" aggravator is invalid on certain counts, the remaining valid aggravating factor outweighs mitigating evidence and supports the sentence. The jury's finding the murder was especially heinous or cruel, as well as defendant's high risk for reoffending, is well supported. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: April 18, 2024, Case #: D-2019-542, Categories: Death Penalty, murder, sentencing
J. Kelsey grants the defendant's habeas petition and order his early release. A law passed in Virginia's legislature amended the earned-sentence credit program. Under the new early-release program, prisoners with qualifying convictions are eligible to receive credits at a higher rate of up to 15 days of credit for every 30 days served. The amendment specifically excludes those with murder convictions but not attempted murder convictions.
Court: Virginia Supreme Court, Judge: Kelsey , Filed On: April 18, 2024, Case #: 230514, Categories: Habeas, murder, sentencing
[Modified.] J. Streeter makes three changes to a previously published opinion with no change in judgment. The lower court properly denied defendant’s petition for relief. Defendant was convicted of first-degree murder and attempted robbery and sentenced to 50 years to life. He was granted a resentencing hearing after a lower court found he was denied counsel, and though the same errors were repeated during the resentencing hearing, the instant court finds them harmless. Evidence is sufficient to support defendant’s convictions and sentence, along with associated enhancements. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 17, 2024, Case #: A166001, Categories: murder, sentencing, Self Representation
J. Staab finds that defendant, who was convicted of killing one student and seriously injuring three others at Freeman High School, must be resentenced. Defendant was 15 years old at the time of the crime and was sentenced to 40 years to life in prison. However, because defendant was under the age of 16 at the time of the shooting, he should have been sentenced to 25 years to life. Vacated.
Court: Washington Court Of Appeals, Judge: Staab, Filed On: April 16, 2024, Case #: 39185-0-III, Categories: murder, sentencing
J. Colvin finds that the trial court properly convicted defendant of murder, aggravated battery, violating the Street Gang Terrorism and Prevention Act and other offenses. Any error the trial court committed in barring defendant from making a closing argument about the sentences his co-defendants avoided by pleading guilty was harmless in light of the overwhelming evidence of defendant's guilt. Defendant admitted to stabbing the victim and another witness testified that defendant told her he shot the victim. The trial court correctly overruled defendant's objection that the prosecutor personally attacked his counsel during closing arguments in saying that the defense's theory of the case insulted the victim's memory. However, the trial court incorrectly failed to merge some of the counts against defendant for sentencing. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: April 16, 2024, Case #: S24A0125, Categories: murder, sentencing, Gangs
J. Stevens affirms the trial court’s defendant's guilty plea conviction for murder and jury-imposed life sentence. The trial judge properly denied defendant’s request for a change of venue. He unsuccessfully argued he could not get a fair trial in the small county, citing comments by 95 people on earlier Facebook posts by the parents of the victim. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 12, 2024, Case #: 06-23-142, Categories: Jury, murder, sentencing
J. Shanker vacates the lower court's denial of a parolee's motion to reduce his life sentence, received for the murder of a 14-year-old, under the Incarceration Reduction Amendment Act. His release from prison did not render him ineligible for a reduction, and the trial court failed to show whether it considered the interests of justice or his dangerousness. Vacated.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 11, 2024, Case #: 22-CO-0342 , Categories: murder, sentencing
J. Menetrez finds that the trial court should have granted defendant's petition for compassionate release from a 75-year sentence for first degree murder, as no evidence supported its dangerousness finding. He retains some ability to speak despite rapidly progressing amyotrophic lateral sclerosis (ALS) that severely limits his physical capacity and will likely cause his death within a year. But he has never solicited anyone to commit a crime or committed a crime in concert with anyone, and neither his gang affiliations nor lack of remorse mean he poses an unreasonable risk of committing a super strike crime if released. Reversed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: April 10, 2024, Case #: E082085, Categories: murder, sentencing, Gangs
J. Viramontes finds that the trial court erred in denying defendant's petition for resentencing on attempted murder and manslaughter convictions. The record of conviction, which was based on a plea, does not bar his eligibility for resentencing at the prima facie stage. Neither the plea nor the preliminary hearing record established that he was the actual killer, had the intent to kill, demonstrated actual malice or acted with reckless indifference. Reversed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: April 9, 2024, Case #: B324576, Categories: murder, sentencing
J. Streeter finds the lower court properly denied defendant’s petition for relief. Defendant was convicted of first-degree murder and attempted robbery and sentenced to 50 years to life. He was granted a resentencing hearing after a lower court found he was denied counsel, and though the same errors were repeated during the resentencing hearing, the instant court finds them harmless. Evidence is sufficient to support defendant’s convictions and sentence, along with associated enhancements. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 28, 2024, Case #: A166001, Categories: murder, sentencing, Self Representation
J. Castillo finds the trial court properly denied defendant's petition for resentencing on a second degree murder conviction. He claimed his due process rights were violated because he was not present at the proceeding where his petition was denied. But he was present at a previous hearing that functioned as the statutory resentencing hearing, when the parties were able to submit additional evidence and both parties agreed to submit the matter to the trial court. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: March 27, 2024, Case #: D081369, Categories: murder, sentencing, Due Process
J. Tabor finds that a minimum mandatory sentence of life in prison with the possibility of parole in 50 years was properly imposed after defendant pleaded guilty to first-degree murder, which he committed at age 17, as the lower court performed a thorough analysis before handing down sentence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 22-2079, Categories: Juvenile Law, murder, sentencing
J. Lui finds that the trial court properly denied defendants' petitions for resentencing on felony murder convictions. Defendants could be convicted of felony murder under current law despite changes to statute. The evidence shows one defendant had the specific intent to kill and both were major participants in a kidnapping that resulted in death and that they acted with reckless indifference to human life. Affirmed.
Court: California Courts Of Appeal, Judge: Lui, Filed On: March 25, 2024, Case #: B322561, Categories: murder, sentencing, Kidnapping
J. Delaney finds that the trial court properly denied defendant an evidentiary hearing for resentencing on a felony murder conviction. He admitted to having the intent to kill but argued that he did not assist the actual killer in the killing so he lacked the actus reus required for felony murder. The actus reus element was satisfied because, while possessing the intent to kill, he was engaged in the underlying felonies of rape and robbery in furtherance of a common design. Affirmed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: March 22, 2024, Case #: G061916, Categories: murder, sentencing
J. Hervy dismisses a citizen’s appeal of the trial court’s competency determination for his intellectual disability claim after the court signed the “Agreed Findings of Fact and Conclusions of Law.” The appeals court granted habeas relief by changing his sentence from death to life imprisonment without parole.
Court: Texas Court of Criminal Appeals, Judge: Hervy, Filed On: March 22, 2024, Case #: AP-77093, Categories: murder, sentencing
J. Felix finds the trial court properly convicted defendant for murder, criminal recklessness, resisting and neglect of a dependent. Defendant, with his toddler son, attended a birthday party at his sister's residence where he engaged in an argument with her fiancé. Defendant shot the victim 18 times before fleeing with his son. The court properly prevented defendant's additional question impeaching his sister’s testimony. Defendant's claim of self-defense fails, and his sentence is not inappropriate considering the nature of the offenses, regardless of his lack of a criminal record. Affirmed.
Court: Indiana Court Of Appeals, Judge: Felix , Filed On: March 20, 2024, Case #: 22A-CR-3007, Categories: murder, sentencing, Escape
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. Garrett finds the post-conviction court properly declined to remand defendant’s capital murder case for resentencing after recent changes to the law. “Governor’s commuted sentence became the operative sentence, as though it had been the sentence originally imposed, and, as a result, petitioner is not entitled to relief concerning the judicially imposed sentence that had been the focus of the post-conviction court’s inquiry.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: March 14, 2024, Case #: S070162, Categories: murder, sentencing