8 results for 'cat:"Theft" AND cat:"Jury Instructions"'.
J. Powers finds the trial court plainly erred by failing to instruct the jury of the requisite culpable mental state concerning the value of the property stolen. However, based on other evidence, it had “little likelihood of affecting the verdict.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 8, 2024, Case #: A177109, Categories: theft, jury Instructions
J. Walker finds that the district court properly convicted defendant of conspiracy to commit wire fraud, aggravated identity theft and money laundering in a large-scale scheme centered at his tax-prep business, where stolen children's identities allegedly were sold to clients who claimed them as dependent deductions. Defendant challenged the jury instructions on his argument that he withdrew from the conspiracy before indictment, making the charges untimely, but the instructions correctly stated the law and caused him no prejudice. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 15, 2024, Case #: 22-2090, Categories: Tax, Identity theft, jury Instructions
[Consolidated.] Per curiam, the circuit finds that the district court properly convicted ex-attorney Michael Avenatti of wire fraud and aggravated identity theft in diverting a publisher's advance to client Stormy Daniels for a tell-all memoir about her life in the adult film industry and purported sexual encounter with Donald Trump. Avenatti contends the jury had been provided confusing and prejudicial instructions about the professional obligations of lawyers, but any error was harmless in light of the overwhelming evidence against him. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 6, 2024, Case #: 22-1242(L), Categories: Evidence, Identity theft, jury Instructions
J. Murphy finds the trial court properly found defendant guilty for breaking or entering. The victim's security video showed defendant exiting the victim's vehicle, from which he had removed the battery after noticing his keys were missing. The state presented sufficient evidence of criminal intent and not merely that defendant broke into the vehicle. The jury could reasonably infer defendant was preparing to steal the car, which would not start due to the removed battery. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: January 17, 2024, Case #: CR-22-614, Categories: Evidence, theft, jury Instructions
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J. Kennedy finds that the lower court properly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. Even if defendant were entitled to a less-included offense instruction on theft, he has not shown a reasonable probability that he would have been found guilty of theft rather than armed robbery had the jury been differently instructed. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 220153, Categories: Ineffective Assistance, theft, jury Instructions
J. Gibbons finds the trial court properly found defendant guilty of multiple counts of theft and larceny, having stolen cash, credit and debit cards from elderly gamers at the casino. The court did not err in allowing a juror to remain on the panel even after a statement was made by him indicating bias because the court took efforts to rehabilitate the juror, later finding him to be impartial. The rehabilitation efforts are not challenged. An incorrect jury instruction was given as to “larceny-from-the-person” charges and is remanded to strike and enter amended judgment. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Court Of Appeals, Judge: Gibbons, Filed On: July 20, 2023, Case #: 83243-COA, Categories: Jury, theft, jury Instructions