208 results for 'cat:"Theft"'.
J. Christensen finds that defendant was properly convicted of robbery, theft, and other charges after he assaulted a husband and wife in their home while impersonating a police officer in order to steal $50,000 from their safe. Defendant committed two separate thefts, as the money belonged separately to both the husband and wife. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: May 10, 2024, Case #: 22-2100, Categories: Robbery, theft, Assault
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. Marcel finds that defendant was properly convicted of eight counts of simple burglary of an inhabited dwelling, theft, and aggravated flight from an officer. In this case, there was testimony from an accomplice that he committed the burglaries with defendant. Further, items from two of the burgled homes were found in defendant's home. Also, there was surveillance footage that connected a truck stolen by defendant to several of the burglaries. Multiple witnesses testified that defendant drove at excessive speeds while disregarding stop signs as he fled from an officer with his lights activated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: May 8, 2024, Case #: 22-KA-373, Categories: Burglary, Evidence, theft
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J. Hellman finds the trial court incorrectly instructed itself on the elements of third-degree robbery when determining whether defendant’s actions against the two people that he shot were justified by self-defense. “When the trial court incorporated those elements...it incorrectly instructed itself on the elements of third-degree robbery as related to self-defense.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: May 8, 2024, Case #: A175927, Categories: Murder, theft
J. Jacquot finds the trial court erred by denying defendant’s motion to dismiss a theft charge pursuant to a civil compromise. The letter from the store defendant stole items from “acknowledged more than that defendant had paid the statutory penalties that he owed and, therefore, is not precluded…from being offered as evidence.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: May 8, 2024, Case #: A178816, Categories: theft, Justification
J. Garrett finds the Governor erred by revoking the previous Governor’s commutation of one of defendant's sentences. “Because plaintiff had finished serving all of her sentences when the Governor revoked the conditional commutation, the Governor lacked authority, under the terms of the commutation.” Reversed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: May 8, 2024, Case #: S071034, Categories: Sentencing, theft
J. Thissen affirms the defendant's conviction of theft by swindle, finding that search warrants authorizing the seizure and search of her electronic devices were sufficiently particular to survive Fourth Amendment and Minnesota constitutional scrutiny and that the guilty verdict was unattributable to evidence obtained from the search of the defendant's law office. Despite this, law enforcement's search of the law office raises concerns about risks to attorney-client privilege, so the court establishes prospective procedural safeguards for such searches. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: May 8, 2024, Case #: A22-0468, Categories: Search, theft
J. Murphy finds the trial court properly convicted defendant for robbery, theft of a firearm and firearm possession by a felon, sentencing him as a habitual offender to 40 years in prison. The high crime-area church pastor testified defendant, who he had cared for, allowing him use of a shower and providing him with clothes, pushed him to the ground and stole his gun. Though defendant says the court lacked subject matter jurisdiction to enter sentences on robbery and theft because theft is a lesser-included offense of robbery, this double jeopardy argument is not preserved for appeal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: May 1, 2024, Case #: CR-23-285, Categories: Robbery, theft, Double Jeopardy
J. Johnson finds the trial court properly convicted defendant for misdemeanor theft, sentencing her to community supervision. Surveillance video from Academy sporting goods shows defendant taking two $300 Yeti coolers from the store without paying. The store director also identified defendant at trial. Furthermore, defendant fails to present an argument as to how she was prejudiced by trial counsel’s alleged deficiencies. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 1, 2024, Case #: 09-23-00281-CR, Categories: Evidence, Probation, theft
J. Siler finds the trial court erroneously denied defendant's motion to dismiss fraud and identity theft charges for speedy trial violations. The 36-day delay between the trial court's competency evaluation order and defendant's transport to a facility for the evaluation violated his speedy trial rights, regardless of the fact the government did not know which facility would be used when the 10-day transportation clock began to run. Therefore, defendant's convictions on fraud and identity theft charges must be vacated and the case will be remanded to allow the trial court to determine whether the indictment will be dismissed with or without prejudice. Reversed.
Court: 6th Circuit, Judge: Siler, Filed On: April 30, 2024, Case #: 22-3797, Categories: Criminal Procedure, Speedy Trial, Identity theft
J. Jacquot finds the trial court erred by denying his motion to dismiss his theft charge pursuant to a civil compromise. The “letter acknowledged more than that defendant had paid the penalties that he owed…and, therefore, is not precluded from being offered as evidence of a civil compromise.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: April 24, 2024, Case #: A178836, Categories: theft
J. DeHoog finds Court of Appeals erred by concluding that selling stolen items on eBay constitutes a computer crime. “A person does not violate [the law] merely by permissibly using an online platform such as eBay in the course of committing a theft, whether theft by receiving or some other form of theft.” Reversed.
Court: Oregon Supreme Court, Judge: DeHoog, Filed On: April 11, 2024, Case #: S069578, Categories: theft
J. Segal finds that the district court improperly eliminated or reduced four of eight restitution awards in racketeering claims brought against defendant for fencing stolen vehicles because defendant's sworn affidavits challenging the restitution awards must be sufficiently detailed to inform the state that he intended to challenge the amount of loss for each challenged item, whereupon the state has a duty to present evidence proving the amount of loss. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Segal, Filed On: April 8, 2024, Case #: A23-0571, Categories: theft, Restitution, Racketeering
J. McMurdie finds a lower court improperly vacated a defendant's probation extension. The defendant, who pleaded no contest to theft, argued that he was entitled to withdraw from a probation extension and revocation. However, the State presented sufficient evidence in court that he made irregular restitution payments to his victim and then perpetrated another misdemeanor crime. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: April 2, 2024, Case #: 1 CA-CR 21-459, Categories: Probation, theft
J. Schostok finds that the lower court improperly denied defendant pretrial release on charges of aggravated fleeing and identity theft. There was not sufficient evidence to support the trial court's determination that defendant posed a high likelihood of willful flight to avoid prosecution. Reversed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: March 19, 2024, Case #: 240015, Categories: Bail, Escape, Identity theft
J. Rice finds that defendant's conviction for stealing social security cards was based on strong circumstantial evidence of her contemporaneous theft of the victims' credit cards. But a restitution award for the cost of Lifelock subscriptions for the victims was not supported by a close connection to an actual economic loss. Reversed in part.
Court: Montana Supreme Court, Judge: Rice, Filed On: March 19, 2024, Case #: DA 22-0699, Categories: theft, Restitution
J. Niemeyer finds the lower court properly convicted a sheriff and two deputies of federal program theft. Exercising his broad power as sheriff of a small county, the sheriff enriched himself by directing his deputies to work on the public payroll to improve his personal property, including converting and expanding a modest barn into a home entertainment center. He also enriched himself and others by devising a system to skim money from the extra compensation payable to his deputies for their work manning drunk-driver automobile checkpoints in the county. The officers argue they did not commit federal program theft because they were not agents of the county, as charged, and the county had not received more than $10,000 in federal benefits in the preceding year. The state may employ the sheriff, but he did have authorization to spend the county's money, making him an agent. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: March 18, 2024, Case #: 22-4405, Categories: theft, Money Laundering
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
J. Chapman finds that the lower court improperly convicted defendant of felony stealing, but properly convicted him of murder, animal abuse, and armed criminal action. The motor-vehicle stealing conviction did not include the value of the car as an element of the crime, so the offense was not subject to a felony enhancement. Further, the court erred in memorializing the pronounced sentence in the written judgment. Reversed in part.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: March 12, 2024, Case #: WD85214, Categories: Murder, theft, Animal Cruelty
J. Mathis finds that defendant was properly convicted of armored robbery, battery, and auto theft because the trial court properly allowed police officers to testify about the victim's out-of-court statements, and evidence indicates defendant had not merely possessed the vehicle but had stolen it and committed theft. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathis, Filed On: March 11, 2024, Case #: 23A-CR-954, Categories: Evidence, Robbery, theft