55 results for 'cat:"Threats"'.
J. Decker finds a lower court did not err in convicting defendant of threatening to damage a building. Defendant raised a number of issues on appeal, including a challenge to the admissibility and sufficiency of the evidence against him, but regardless of defendant’s mental state at the time, the lower court did find that he had made a “true threat.” Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: May 7, 2024, Case #: 1805-22-4, Categories: Constitution, Evidence, threats
J. Grasz finds a lower court properly convicted a defendant for possession of cocaine with intent to distribute. The defendant, a wholesale cocaine dealer, argued that law enforcement was not entitled to obtain a tracking warrant for his vehicle and warrants for an apartment and a music studio. However, the government presented sufficient evidence in court that an informant sold drugs to the defendant's runner, who began cooperating with authorities, which resulted in the defendant making threats over Facebook, claiming he would get his hands on the trial witness list and send it to "unknown actors in Mexico." Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 2, 2024, Case #: 23-2364, Categories: Drug Offender, Evidence, threats
J. Wood upholds defendant's guilty plea conviction for domestic battery and terroristic threatening. Defendant's suspended imposition of sentence was revoked for his failure to pay fines, costs and fees, and for his repeated rape of a minor child, which impregnated her. He was then sentenced to 22 years in prison. Witness and victim testimony, as well as DNA testing, support the conviction for rape. Defendant was originally sentenced to 120 months’ suspended imposition of sentence for the terroristic-threatening offense, which exceeded the six-year maximum sentence allowed for a Class D felony. This matter is remanded to correct the sentencing orders. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: April 24, 2024, Case #: CR-23-496, Categories: Sex Offender, threats, Battery
J. Park finds that the district court properly denied defendant pretrial release from detainment for allegedly making interstate threats against Jewish students at Cornell University following the October 2023 Hamas attack against Israel because defendants may be detained pending trial on charges constituting crimes of violence. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: April 24, 2024, Case #: 23-8081, Categories: threats
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[Modified.] J. Snauffer makes two changes to a previously published opinion with no change in judgment. The trial court lacked jurisdiction to recalculate defendant's maximum term of commitment for a plea of not guilty by reason of insanity to stalking and criminal threat charges. The rule that a trial court is deprived of jurisdiction to recalculate the sentence for a defendant who has begun serving time also applies to a recalculation of the term of commitment for a defendant whose period of commitment has commenced. Reversed.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: April 17, 2024, Case #: F085699, Categories: threats, Jurisdiction, Commitment
J. Snauffer finds that the trial court lacked jurisdiction to recalculate defendant's maximum term of commitment for a plea of not guilty by reason of insanity to stalking and criminal threat charges. The rule that a trial court is deprived of jurisdiction to recalculate the sentence for a defendant who has begun serving time also applies to a recalculation of the term of commitment for a defendant whose period of commitment has commenced. Reversed.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: April 4, 2024, Case #: F085699, Categories: threats, Jurisdiction, Commitment
J. McDade finds that the lower court properly denied defendant's request for pretrial release on charges of violating a stalking no-contact order. Defendant called the victim and attempted to unlawfully enter her home, showing that he remains a danger to her. Affirmed.
Court: Illinois Appellate Court, Judge: McDade, Filed On: March 26, 2024, Case #: 230758, Categories: Bail, threats
J. Jacquot finds the trial court erred by ordering defendant to consecutive sentences. “Any threats defendant may have made against [victims] would not provide grounds for the imposition of a consecutive sentence under these circumstances.” The matter is remanded for resentencing.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: March 13, 2024, Case #: A176231, Categories: Burglary, Robbery, threats
J. Hudson finds the trial court properly convicted defendant for the murder of his 3-year-old son. Evidence, including a text exchange between he and the mother of the child in which defendant told her "You’re not getting my son...I got him from now on,” and a subsequent autopsy that revealed injuries that had occurred within the time defendant had the child, support his conviction. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: February 15, 2024, Case #: CR-22-590, Categories: Evidence, Murder, threats
J. Brown finds the trial court properly convicted defendant for terroristic threatening. Defendant was arrested after the victim confronted him at his home regarding a threatening letter the victim had received that had mentioned defendant. Defendant immediately threatened the victim, then pulled out a machete, swinging it at the victim. Several witnesses testified defendant told the victim he was going to “kill all you motherfuckers and take everything you got.” Substantial evidence supports the conviction, and the letter was properly entered as evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: February 14, 2024, Case #: CR-23-190, Categories: Evidence, threats, Terrorism
J. Bishop finds the trial court properly convicted defendant, by no-contest plea, for making terroristic threats. After officers responded to the domestic disturbance, defendant pointed a shotgun at them, saying he would “blow them away." All evidence supports the conviction, and trial counsel’s failure to file a motion to suppress the arrest warrant was not deficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-23-503, Categories: Firearms, threats, Terrorism
J. Gard finds a lower court properly granted a wife's order of protection against her estranged husband for domestic violence. The husband argued that the lower court erred in disqualifying his right to possess or purchase firearms and ammunition, and that he is not a "credible threat" to his wife. However, although the lower court failed to follow a credible- threat procedure, it does not justify reversible error. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Gard, Filed On: January 22, 2024, Case #: 2 CA-CV 2023-73, Categories: Firearms, threats, Domestic Violence
J. Marconi agrees with the defendant that, to determine whether a reasonable person would consider a threat as a likely cause of serious bodily injury or death to an extent that the person would use a firearm to warn off the person making the threat, does not hinge on whether or not the person being threatened is able to retreat. The jury should not have been instructed to use the defendant’s ability to leave the scene as a factor in determining the threat he faced in a road rage incident. Reversed.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: January 19, 2024, Case #: 2022-0432, Categories: Firearms, threats, Vehicle
J. Funke finds the trial court properly convicted the female defendant for terroristic threats and sexual assault based on sufficient evidence. The victims, a mother and her 15-year-old son, testified defendant, searching for drugs, came to their apartment. Defendant inappropriately touched the teenager when the mother drove them to a gas station, which led to an altercation with defendant wielding a box cutter and threatening to kill the mother in a parking lot. The fact that defendant made threats is sufficient, regardless of whether or not the victim felt terrorized. Also, defendant failed to object to the all-male jury, and there is no evidence women were systematically excluded during selection. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 19, 2024, Case #: S-22-865, Categories: Jury, Sex Offender, threats
J. Hixson finds the circuit court properly revoked defendant’s probation for his guilty plea conviction for first-degree terroristic threatening, sentencing him to serve 60 months’ imprisonment. Defendant failed to report multiple times and had consistently been behind in his payment of fees and fines. Defendant's sentence is within the statutory range, and he fails to adequately present any argument for review. He does not request any relief regarding his claim he is not eligible for a judicial transfer and the court "will not make a party’s argument" for them. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 17, 2024, Case #: CR-23-254, Categories: Probation, threats, Terrorism
J. Peterson finds that the lower court properly denied defendant's motion for pretrial release on charges of threatening a public official. The evidence establishes that defendant was continuously aggressive with officers, repeatedly threatened to kill a female officer, and threatened to bring a pipe bomb to the police station. He was also on probation for aggravated assault of a peace officer at the time. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: January 16, 2024, Case #: 230568, Categories: Bail, threats
J. Wainer Apter finds that the appellate division should have upheld defendant's conviction for making terroristic threats after he told a police officer to "worry about a head shot" and posted to Facebook that he knows "where all you motherfu$kers live" because the statements were understood to constitute threats of violence, and the trial court correctly instructed the jury on the components of charge. Reversed in part.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: January 16, 2024, Case #: A-20-22, Categories: Jury, threats, Terrorism
J. DuBow finds that the lower court properly denied a citizen’s motion for return of property, seeking a firearm and two magazines that police officers seized after her neighbors reported that she had threatened during a dispute over yard work. Pennsylvania met its burden in establishing that the citizen had pointed one of the firearms at neighbors, thus committing a crime. Affirmed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 13, 2023, Case #: J-A21022-23, Categories: Evidence, Firearms, threats
J. Nichols finds that the trial court properly sentenced defendant for sexually abusing minor girls and adult women on Snapchat by blackmailing them into sending him sexually explicit photographs and videos of themselves, and threatening to post nude photos of the victims online or kill them if they did not comply with his demands. There is no basis to conclude that the trial court’s sentencing defendant to 184.5 to 369 years in prison was unreasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Nichols, Filed On: December 5, 2023, Case #: J-S36021-23, Categories: Criminal Procedure, Sex Offender, threats
J. Streeter finds that the trial court properly considered aggravating factors when sentencing defendant for criminal threats. Though not admitted by defendant or found true by a jury, his prior convictions were in the certified record, so the heightened proof standard for aggravating factors did not apply. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: November 29, 2023, Case #: A165613, Categories: Probation, threats, Dui
J. Joyce finds the trial court erred by entering a stalking protective order (SPO) against defendant, prohibiting him from contacting his neighbor. The “record does not contain evidence that respondent—in asking petitioner what she was doing, whether she wanted to go to jail, and threatening to break her band equipment—made any unequivocal threat of imminent and serious personal violence that he was likely to act upon.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: November 22, 2023, Case #: A180320, Categories: threats