54 results for 'cat:"Trespass"'.
J. Standridge finds a lower court improperly denied a defendant's motion to testify in a criminal trial on charges of felony stalking, violation of stalking orders, and criminal trespass. The state argued that it was entitled to strike the defendant's testimony before the jury, and then directed it to consider evidence, witness statements, and exhibits only. However, the defendant presented sufficient evidence in court that he is entitled to a new trial based on the court's denial to allow him to testify on his own behalf in the proceedings. Reversed.
Court: Kansas Supreme Court, Judge: Standridge, Filed On: May 10, 2024, Case #: 124303, Categories: Fair Trial, trespass, Jury Instructions
Per curiam, the court of appeal finds that the trial court properly convicted defendant, an assistant coach with the high school football team, of the misdemeanor offense of disrupting a school function and resisting arrest based on evidence concerning the coach's disturbance of the game. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 9, 2024, Case #: 1D2022-3288, Categories: Resisting Arrest, trespass
J. Neeley finds the trial court properly convicted defendant for burglary of a habitation. After being dispatched on a criminal trespass call, officers found defendant's girlfriend at her apartment bleeding from around her ear. She explained that defendant, who had stayed with her at times but whose name was never on the lease, had struck her and left. The apartment manager had also previously requested a criminal trespass warning against defendant after he had stolen items. Although the evidence suggests defendant's name may have been attached to the utility account, this would not grant him equal or greater ownership rights to the apartment. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00237-CR, Categories: Burglary, Assault, trespass
J. McHaney finds that the lower court properly convicted defendant of home invasion and aggravated battery. The state sufficiently proved that defendant, the victim's ex-husband, was not authorized to enter the home when he came in with a baseball bat and attacked his ex-wife and her new boyfriend. The jury was in the best position to judge the credibility of the witnesses on this issue. Affirmed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: May 8, 2024, Case #: 220296, Categories: Assault, trespass
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J. Hood finds the trial court erroneously denied defendant's motion to merge her criminal trespass and burglary convictions for sentencing purposes. The trespass conviction involves a subset of the elements of second-degree burglary and, therefore, is a lesser-included offense. Meanwhile, although the court's error was not obvious, double jeopardy violations like the one at issue here require a reversal of a defendant's lesser conviction and resentencing to allow for a merger of the crimes. Reversed.
Court: Colorado Supreme Court, Judge: Hood, Filed On: May 6, 2024, Case #: 2024CO25, Categories: Burglary, Double Jeopardy, trespass
J. McEvers finds that the district court properly determined an individual is a vexatious litigant. The matter stems from the individual's attempts to reopen a matter involving criminal trespass and simple assault. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 2, 2024, Case #: 2024ND86, Categories: Assault, trespass
J. Ransom finds that defendant's appeal of his convictions for three misdemeanor offenses shall be dismissed under the escape rule. Defendant has repeatedly violated the terms of his probation and failed to appear for hearings while there was an active warrant for his arrest.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100265, Categories: Escape, trespass
J. Mooney finds the trial court did not deprive defendant of his “right to procedural due process.” Defendant, who was sleeping in a post office branch, “does not have a protected liberty interest that entitles him to enter and remain on the premises of that post office branch under those circumstances.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178272, Categories: trespass, Due Process
J. Freyre finds the trial court violated defendant's right to a public trial on trespass and criminal mischief charges when it closed the courtroom and conducted the entire trial via livestream. It failed to make any of the findings required under Waller v. Georgia before it precluded members of the public from sitting in the gallery; therefore, defendant's convictions will be vacated and the case remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: April 18, 2024, Case #: 2024COA37, Categories: Criminal Procedure, Fair Trial, trespass
J. Rambin reverses a trial court order denying a male noncitizen’s request to dismiss a criminal misdemeanor charge against him, pursuant to the governor’s order to jail migrants for illegally crossing the Texas-Mexico border. Citing similar evidence in precedent cases, the non-citizen met his burden of showing the governor’s order has the discriminatory effect and purpose of selective prosecution based on gender discrimination. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 16, 2024, Case #: 06-24-40-CR, Categories: Constitution, Immigration, trespass
J. Stevens reverses and remands a trial court's order denying a non-citizen's claim of selective prosecution under the Texas Equal Rights Amendment. The defendant was arrested for criminal trespass on a railroad, a misdemeanor, pursuant to Governor Greg Abbott’s disaster proclamation in 34 counties to prevent the “ongoing surge” of illegal migrants from Mexico. The court of appeals is constrained to rule under another district's precedent, which found the state failed to show its prosecution of male, but not female, immigrants served a governmental interest in border protection. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Stevens, Filed On: April 16, 2024, Case #: 06-24-39-CR, Categories: Constitution, Immigration, trespass
J. Ortega finds the trial court did not violate defendant’s right to allocution when it ”muted” him for being verbally abusive in court. The time for an allocution had passed, and “defendant was speaking to the court in a way that the court had authority to curb.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 27, 2024, Case #: A180024, Categories: Criminal Procedure, trespass
J. Fisher upholds defendant's conviction for entering the capitol building on January 6, 2021 and refusing to leave. She fails to show the judge's statements during her sentencing, in which the judge said her political beliefs were delusional, support her claim of judicial bias. Affirmed.
Court: DC Court of Appeals, Judge: Fisher, Filed On: February 22, 2024, Case #: 22-CM-0778 , Categories: Judiciary, Sentencing, trespass
J. Pirtle finds the trial court properly convicted defendant for assault, trespass and related charges based on sufficient evidence. A friend who was allowing defendant and the mother of his children to stay with her testified that after hearing a loud noise in her apartment she found defendant on top of the mother, strangling her. When the friend tried to intervene, defendant punched her. Furthermore, the record refutes claims of ineffective assistance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 20, 2024, Case #: A-23-501, Categories: Assault, Resisting Arrest, trespass
J. Epley finds defendant's conviction for attempted trespass was supported by sufficient evidence even though she and the owners of the home were related by marriage. Testimony indicates they had little-to-no relationship and defendant had no key or access code to the property, which she attempted to enter well past midnight. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: January 19, 2024, Case #: 2024-Ohio-177, Categories: Evidence, trespass
J. Edwards finds the trial court properly denied defendant's request for a jury instruction on the defense of abandonment at his trial for petty theft and trespass charges stemming from when he attempted to steal $450 worth of polo shirts from a store but dropped the merchandise and left when a store manager made eye contact with him. Though Florida law recognizes voluntary abandonment as a defense, the evidence shows defendant's abandonment was involuntary, leaving no grounds for his requested jury instruction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: January 12, 2024, Case #: 22-0943, Categories: Evidence, Theft, trespass
J. Soto remands, with instructions to dismiss, several cases including this dispute stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 12, 2024, Case #: 08-23-00233-CR, Categories: Immigration, trespass, Equal Protection
J. Soto remands, with instructions to dismiss, several cases including this dispute stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 12, 2024, Case #: 08-23-00301-CR, Categories: Immigration, trespass, Equal Protection
J. Soto remands, with instructions to dismiss, several cases including this dispute stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.”
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 12, 2024, Case #: 08-23-00295-CR, Categories: Immigration, trespass, Equal Protection
J. Fischer finds the appeals court properly overturned defendant's conviction for criminal trespass after a noise complaint during a visit to his uncle's apartment, which should have been handled by the landlord through an eviction proceeding. A landlord may not prohibit an individual from being on their property if the person is invited by a lawful tenant unless the lease agreement signed by the parties specifically excludes that individual from the residence. Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 29, 2023, Case #: 2023-Ohio-4753, Categories: Evidence, trespass
J. Gallagher finds defendant's criminal mischief conviction was supported by sufficient evidence, including testimony he was involved in a heated argument with his supervisor before his termination on the night the office building was "trashed" by an unknown individual. Meanwhile, the trial court properly limited defendant's cross-examination of his supervisor because the EEOC complaint mentioned by his attorney was filed after he was charged with criminal mischief and, therefore, was irrelevant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: December 28, 2023, Case #: 2023-Ohio-4790, Categories: Evidence, trespass, Witnesses
J. Soto finds a lower court erred in denying a migrant's pretrial writ of habeas corpus after he was arrested for trespassing as part of Texas' push to deter undocumented migration on the southern border. An appeals court has already ruled the practice is likely unconstitutional since the state is targeting men. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 20, 2023, Case #: 08-23-00285-CR, Categories: Constitution, Immigration, trespass
J. Potterfield finds that defendant was properly convicted of trespass, theft, and domestic abuse assault even though a factual basis did not support defendant's plea because the state was given the chance per defendant's postconviction relief application to supplement the record to establish a factual basis. Affirmed.
Court: Iowa Court Of Appeals, Judge: Potterfield, Filed On: December 20, 2023, Case #: 22-1145, Categories: Plea, trespass, Domestic Violence
J. Emas finds the trial court properly denied defendant's appeal of his judgment and conviction for misdemeanor trespass and resisting an officer without violence. Defendant's challenge to his sentence based on the trial court's statements at a post-sentencing hearing questioning the truthfulness of defendant's testimony fails, as the trial court was not erroneous in considering this aspect under Florida precedent when fashioning an appropriate sentence. The rest of defendant's arguments are dismissed without discussion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 23-0589, Categories: Sentencing, Resisting Arrest, trespass
J. Miller finds that while defendant may have had license to enter the rental property when her tenant invited her in to inspect a broken water heater, the trial court properly denied her motion for acquittal on trespass and assault charges. Once she left the house to call police, the tenant revoked permission and, therefore, her second entry was unlawful. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: December 11, 2023, Case #: 2023-Ohio-4476, Categories: Assault, trespass
J. Mansfield finds that defendant was properly convicted of trespass as a hate crime after leaving anonymous notes on doors encouraging residents to burn rainbow flags symbolizing support for gay rights because defendant did not have a first amendment right to enter the properties to post harassing notes. Affirmed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: December 1, 2023, Case #: 22-1009, Categories: Constitution, trespass, Hate Crimes
J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00204-CR, Categories: Constitution, Immigration, trespass