12 results for 'cat:"Murder" AND cat:"Weapons"'.
J. Papik finds the trial court properly convicted defendant for murder, assault and use of a deadly weapon to commit a felony. It is undisputed the 16-year-old defendant fired multiple shots after an argument at a shopping mall, killing the victim. Surveillance video showing all events supports the conviction. The court properly excluded the evaluating psychologist's testimony suggesting the initial shot fired by defendant put him in a state of peritraumatic dissociation, as it did not assist the trier of fact to understand the evidence or determine a factual issue. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: May 3, 2024, Case #: S-22-934, Categories: murder, weapons, Experts
J. Freudenberg finds the trial court properly convicted defendant for murder, as well as weapons charges, based on sufficient evidence. Officers discovered the victim after responding to a report of a bleeding body in the stairwell of an apartment building. Defendant was arrested, hiding in his girlfriend's mother's attic crawlspace, after the investigation turned up surveillance video showing he and his girlfriend and dog in the area at the time multiple witnesses heard sounds of a struggle, a dog barking, a woman's scream and a body falling down the stairs. Furthermore, counsel's objections to out-of-court statements were properly overruled and sustained. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 12, 2024, Case #: S-23-130, Categories: Evidence, murder, weapons
Per curiam, the appellate division finds that the trial court properly convicted defendant of weapons charges, second-degree murder, and assault related to two shootings because evidence indicated defendant matched the description of the shooter that had been given by witnesses and victims of the first shooting. Meanwhile, defendant failed to properly move to discharge a juror, and the jury was properly allowed to deliberate and have frank discussions of racial bias. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 22, 2024, Case #: KA 22-00654, Categories: Jury, murder, weapons
Per curiam, the appellate division finds that the trial court properly convicted defendant of weapons and murder charges after a fatal shooting outside a restaurant. Evidence shows investigators informed defendant he was under arrest related to a murder and that defendant understood his Miranda rights. Further, defendant failed to preserve certain arguments, and the jury gave the evidence presented its proper weight. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: KA 17-00196, Categories: Miranda, murder, weapons
J. Stiglich finds the trial court properly convicted defendant for conspiracy and murder with the use of a deadly weapon. Defendant suspected the victim had a romantic relationship with his girlfriend, and he and an accomplice went to the girlfriend's apartment complex and shot the victim to death. The admission of text messages not proven to have been written by defendant was harmless error, particularly in light of defendant's confession and other evidence supporting the conviction. Defendant and the accomplice's defenses were not mutually exclusive and so there was no error in the trial court's denying defendant's motion to sever the cases. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 19, 2023, Case #: 83972, Categories: Evidence, murder, weapons
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J. Herndon finds the trial court properly convicted defendant for murder, attempted murder, and various weapons and explosives charges. The trial court properly denied his motion to admit evidence of an accomplice's prior bombing at a Home Depot, as his awareness of the bomb is the consequential fact, not the accomplice's prior acts. Furthermore, graphic photos of damage to the victim's hand were properly admitted to aid the expert's testimony. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 1, 2023, Case #: 84403, Categories: murder, weapons
J. Donovan affirms the defendant’s convictions for being a felon in possession of a deadly weapon and for attempted murder. The trial court did not err by admitting evidence of the defendant’s prior convictions or by not disclosing some of the victim’s mental health records, but the defendant’s prior convictions do not fall within the 10-year limitation his defense claims and none of the undisclosed mental health records could plausibly have changed the outcome of the trial.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: November 14, 2023, Case #: 2022-0106, Categories: Evidence, murder, weapons
J. Hudson finds that the trial court properly convicted defendant for murder. Any cumulative effect of errors did not deprive defendant of a fair trial. The charge of concealing stolen property is dismissed due to insufficient evidence. The sentence for meth possession is modified from 10 years in prison to 5 years. Affirmed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: September 21, 2023, Case #: 2023 OK CR 15, Categories: murder, Sentencing, weapons
J. Huskey finds that the trial court properly convicted defendant of murder. The trial court properly denied defendant's challenge to the state's peremptory removal of the only Black juror, who said he would not be able to pay attention to the trial and did not want to be a part of it. The state's removal of the juror was not racially motivated. Also, defendant did not have evidence of an alternate perpetrator to support questioning police about the possibility. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: September 20, 2023, Case #: 49110, Categories: Jury, murder, weapons
J. Heavican finds the trial court properly convicted defendant for four counts of first-degree murder, four counts of use of a weapon to commit a felony, and one count of attempted burglary. All evidence shows that defendant cut the victims’ throats during burglaries taking place five years apart. Certain assignments of error are barred, others are without merit. It cannot be determined on direct appeal whether counsel was ineffective in certain regards. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: September 8, 2023, Case #: S-18-979, Categories: Burglary, murder, weapons
J. Boyle finds that the trial court properly convicted defendant for murder, felonious assault and possession of weapons while under disability following a bench trial. None of defendant's eight assignments of error stand because he does not present evidence to support his claims that there was a conflict of interests or that the trial court considered facts not in evidence when making its judgment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: July 13, 2023, Case #: 111947, Categories: murder, Assault, weapons
J. Carbullido finds that a trial court properly convicted defendant of murder and use of a deadly weapon in the shooting death of a man involved in a fight with defendant. The decision to exclude videos showing that people other than defendant would have reason to want the victim dead was proper, as the videos ran the risk of confusing the jury and would not have provided an alternative reason for why defendant was found with the murder weapon. The court did err by allowing several witnesses to invoke the Fifth Amendment, but any testimony they could have given was unlikely to weaken other evidence against defendant. Excluding potential jurors over 65 years old did not affect the trial outcome as community members over 65 are allowed to claim exemption, especially under Covid-19 safety protocols in effect during the trial. Affirmed.
Court: Guam Supreme Court, Judge: Carbullido, Filed On: June 22, 2023, Case #: CRA21-3, Categories: Jury, murder, weapons