22 results for 'cat:"Sentencing" AND cat:"Manslaughter"'.
J. Luckert finds a lower court properly dismissed a defendant's wrongful conviction claims against the state. The defendant, who was sentenced to time served for the shooting death of another person, argued that he is entitled to compensation for a conviction and prison term for involuntary manslaughter. However, the state presented sufficient evidence in court that he is not entitled to monetary relief for his own conduct and conviction. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: April 26, 2024, Case #: 126062, Categories: Firearms, sentencing, manslaughter
J. Delaney finds that the trial court properly denied defendant's petition for resentencing on a manslaughter conviction. Statutory changes that ended imputed malice theories of murder came after he pleaded guilty, and his plea served as an admission that he directly aided and abetted murder, a still valid theory. Affirmed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: April 22, 2024, Case #: G062075, Categories: sentencing, Plea, manslaughter
J. Lawrence finds that the lower court properly sentenced defendant on two counts of manslaughter and other charges stemming from a multi-vehicle accident that allegedly "resulted in the death of two drivers." Defendant was sentenced to 30 years, "with all but twenty-five years suspended," and he now argues that the sentence was not "proportioned to the offense." However, the lower court correctly considered the facts of the case, including that defendant was allegedly driving a loaded tractor-trailer while "ill, fatigued, and under the influence of prescription drugs and alcohol." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 16, 2024, Case #: 2024ME26, Categories: sentencing, Dui, manslaughter
J. Deahl upholds the trial court's refusal to grant the 68-year-old defendant, who is serving a 17-year sentence for voluntary manslaughter while armed and related convictions, compassionate release. Defendant failed to show he is not dangerous. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 1, 2024, Case #: 23-CO-0409 , Categories: sentencing, manslaughter
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J. Ellender finds that defendant was properly convicted of manslaughter and possession of a firearm by a convicted felon. Defendant's challenge to a juror was properly denied because the juror indicated he could be fair and impartial, despite his connections to law enforcement. Further, defendant's 70-year sentence was proper based on his extensive criminal history, including drug possession and battery charges, and the fact that the victim was killed without justification. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: February 28, 2024, Case #: 55,289-KA, Categories: Jury, sentencing, manslaughter
J. Buchanan finds that the trial court must hold an evidentiary hearing on defendant's claim for resentencing on a manslaughter conviction. He made a prima facie case for resentencing on the conviction, which was the result of a guilty plea to a lesser included offense of a charged murder, and the record is insufficient to determine whether he could be convicted of murder under current law. Reversed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: February 26, 2024, Case #: D082071, Categories: Murder, sentencing, manslaughter
J. Raphael finds the trial court properly denied defendant’s motion to vacate his voluntary manslaughter conviction after he pleaded guilty to a murder charge. The man claims he was not alone when he stabbed the victim, and that he was defending himself. The investigators recounted the admission that he acted alone, and nothing suggested there was an accomplice. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: February 23, 2024, Case #: E080611, Categories: Murder, sentencing, manslaughter
J. Colloton finds a lower court properly dismissed a defendant's motion to vacate his sentence. The defendant argued that his 10 year prison sentence is unreasonable. However, the defendant engaged in a crime of violence when he shot and killed a civilian during an argument. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 10, 2024, Case #: 22-3452, Categories: Firearms, sentencing, manslaughter
J. Molaison upholds defendant’s conviction on manslaughter for the beating death of his brother and the resulting 40-year sentence, finding defendant received adequate counsel and the trial court was correct to deny a motion for a new trial. The sentence was reasonable, accounted for defendant’s criminal history and was half the possible maximum sentence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: December 27, 2023, Case #: 23-KA-317, Categories: sentencing, manslaughter
J. Fisher finds that the lower court improperly denied defendant resentencing as a domestic violence victim after she pleaded guilty to manslaughter stemming from the death of her paramour. Defendant did not need to demonstrate abuse had been occurring at the time she stabbed her boyfriend, as evidence indicated she had endured years of ongoing physical and psychological abuse. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: November 22, 2023, Case #: 113662, Categories: sentencing, Domestic Violence, manslaughter
J. Nguyen finds that the district court properly denied defendant's motion in which he argued that his conviction for using a firearm during a crime of violence and its mandatory consecutive sentence should be vacated because his predicate crime, voluntary manslaughter, does not qualify as a crime of violence. Voluntary manslaughter has the same mental state as murder in that it contains the intent to commit "a violent act against another or recklessness with extreme indifference to human life." Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: October 17, 2023, Case #: 17-15104, Categories: Firearms, sentencing, manslaughter
J. Wood finds the circuit court properly denied defendant's petition to correct an allegedly illegal sentence for manslaughter and robbery after his convictions for murder, aggravated robbery, and aggravated assault were reversed on appeal. Defendant's use of a firearm and his status as a habitual offender enhanced his sentence on his guilty-plea conviction to manslaughter and robbery. His negotiated plea deal and agreement with the enhancements resulted in a sentence falling within the prescribed maximum. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: September 21, 2023, Case #: CR-22-561, Categories: Robbery, sentencing, manslaughter
J. Mayle finds the trial court properly considered the presentence investigative report, which included police reports and witness statements of defendant's other criminal conduct, before it imposed a sentence. Defendant was given ample time to review and object to the report but chose not to do so, while his attorney was also afforded the opportunity to speak at length before sentencing. Additionally, the trial court did not violate defendant's due process rights when it considered a letter from the victim's mother during sentencing. Although that letter was not disclosed to the defense, it contained no new information and merely confirmed that defendant planned the shooting. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: August 18, 2023, Case #: 2023-Ohio-2903, Categories: sentencing, manslaughter, Due Process
J. Murphy finds that the lower court properly sentenced defendant to 31 months of post-release supervision after she violated the terms of her release following a manslaughter conviction. Defendant claims the sentence was unlawfully excessive, but precedent shows defendant was given a sentence compliant with sentencing laws and that is not unlawfully long. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: August 11, 2023, Case #: 22-4047, Categories: sentencing, manslaughter
J. Stephens finds that the trial court properly convicted defendant of manslaughter, attempted kidnapping and armed robbery with use of a firearm. The trial court sentenced defendant to a total of 190 years at hard labor. The sentence was comprised of multiple consecutive sentences for defendant's convictions. Defendant's four sentences for the kidnapping counts are vacated because the trial court failed to set a specific, determined term for the restriction from benefits like probation and parole. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: August 9, 2023, Case #: 55,172-KA, Categories: sentencing, Kidnapping, manslaughter
J. Hartz finds that the lower court properly sentenced and convicted defendant of manslaughter. Defendant claims his sentence is unreasonable and that he was stripped of using a self-defense strategy during trial due to the nature of Oklahoma's law on voluntary manslaughter, but the court properly applied federal law, making the state law irrelevant. Also, there is nothing found in defendant's 96-month sentence that is unreasonable enough to warrant a reduction. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 7, 2023, Case #: 22-7027, Categories: sentencing, manslaughter, Due Process
J. Bishop finds that the trial court properly convicted defendant following his guilty plea for two counts of manslaughter and assault and one count of DUI for his role in a vehicle accident that killed two people. Defendant contests his cumulative sentence of 20 years, but the sentence is within guidelines. Also, defendant cannot show deficiency of representation as he was originally charged with homicide, with his counsel accomplishing a reduction of the charges and sentences by plea deal. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: July 25, 2023, Case #: A-22-960, Categories: Ineffective Assistance, sentencing, manslaughter
J. Maxa finds that the lower court properly sentenced defendant following his manslaughter and robbery convictions. Defendant claims the lower court did not consider his youth when sentencing him, but the record shows the court considered all of the statements and testimony from the proceedings and weighed all the factors properly before passing the sentence. The sentence also fell within the standard range, so there is no relief that can be given. Affirmed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: July 11, 2023, Case #: 57572-8-II, Categories: Robbery, sentencing, manslaughter
J. Colloton finds a lower court properly sentenced a defendant to 296 months in jail after he pleaded guilty to unlawful possession of ammunition as a felon. The defendant argued that the lower court erred in deeming him as a armed career criminal. However, the government presented sufficient evidence in court that he has a prior conviction for voluntary manslaughter, and that his sentence falls below the guidelines range, which was decreased by three levels after he admitted guilt. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 29, 2023, Case #: 22-2631, Categories: Firearms, sentencing, manslaughter
J. Pitman finds that defendant was properly resentenced to 20 years at hard labor on his conviction for manslaughter. Defendant does not present evidence to support his claim of poor health, and the sentence is not excessive based on defendant finding a gun and killing an unarmed victim during a drug fueled altercation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: June 28, 2023, Case #: 55,099-KA, Categories: sentencing, manslaughter