145 results for 'cat:"Weapons"'.
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officer found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence as required by statute. This part of the sentencing order is vacated. Affirmed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: Sentencing, Assault, weapons
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for domestic assault and use of a deadly weapon to commit a felony. Responding to a report of an altercation, officer found the victim with injuries consistent with her claims that defendant shot her in the head with an air rifle, hit her on the leg and arm with a hammer, and choked her. A later search of the residence found defendant hiding in a shower. Sufficient evidence supports the convictions, though defendant's sentence for assault was not calculated as an indeterminate sentence as required by statute. This part of the sentencing order is vacated. Affirmed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-1041, Categories: Sentencing, Assault, weapons
Per curiam, the Vermont Supreme Court finds the trial court properly convicted the defendant of aggravated assault with a deadly weapon after a jury trial. The defendant appeals the conviction alleging the state failed to give proper jury instruction to prove beyond a reasonable doubt he acted with the requisite intent. The evidence was sufficient to show the jury that the defendant did commit the crime on purpose and knowingly cause injury. Therefore, there was no error found in the jury instructions. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-339, Categories: Assault, weapons, Jury Instructions
J. Zimmerman finds inconsistencies in testimony provided by the victim and several eyewitnesses did not render defendant's assault conviction against the weight of the evidence. Although he claimed to have acted in self-defense when he stabbed the victim nine times, he admitted to voluntarily engaging in a fight with the victim, while there was no evidence to suggest he was in serious danger. Furthermore, the trial court was not required to give a provocation instruction to the jury because there was no evidence in the record to indicate defendant acted out of a "sudden fit of passion" following a dispute with the victim. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: May 6, 2024, Case #: 2024-Ohio-1750, Categories: Assault, weapons, Self Defense
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J. Papik finds the trial court properly convicted defendant for murder, assault and use of a deadly weapon to commit a felony. It is undisputed the 16-year-old defendant fired multiple shots after an argument at a shopping mall, killing the victim. Surveillance video showing all events supports the conviction. The court properly excluded the evaluating psychologist's testimony suggesting the initial shot fired by defendant put him in a state of peritraumatic dissociation, as it did not assist the trier of fact to understand the evidence or determine a factual issue. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: May 3, 2024, Case #: S-22-934, Categories: Murder, weapons, Experts
J. Lee finds that the lower court properly convicted defendant of being a felon in possession of a firearm but improperly sentenced him with an enhancement for possession of an explosive. The application of a higher base offense level effectively punishes him twice for the same conduct. Reversed in part.
Court: 7th Circuit, Judge: Lee, Filed On: April 30, 2024, Case #: 22-2607, Categories: Sentencing, weapons
J. Fisher finds that an inmate was improperly found guilty of smuggling and possessing a weapon in charges brought when a ceramic scalpel was found on the ground after he was observed dropping something from his pocket. Meaningful review could not occur due to inaudible gaps in the hearing transcript, and remittal for a new hearing would not be feasible due to the inmate's parole release. Thus, the determination must be annulled and expunged.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 25, 2024, Case #: 535826, Categories: weapons, Prisoners' Rights
J. Pirtle finds the trial court properly convicted defendant for assault, attempted possession of a deadly weapon by a prohibited person and unauthorized use of a motor vehicle. Defendant admitted to assaulting the victim and stealing his vehicle and firearms after the two had been involved in a drunken altercation. Though defendant says the victim had shot at him and missed before he punched him and stomped on his head, sufficient evidence supports the convictions. The record is insufficient to review claims of ineffective assistance, containing no discussions between defendant and his attorney regarding claims of self-defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-1000, Categories: Assault, weapons, Vehicle
J. Peterson finds that the lower court properly denied defendant's petition for a certificate of innocence on two aggravated unlawful use of a weapon convictions which were vacated as unconstitutional. Defendant has not attempted to show he was innocent of the nol-prossed charges pursuant to a negotiated plea agreement, so he does not qualify for a certificate of innocence. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 19, 2024, Case #: 210414, Categories: Criminal Procedure, weapons
J. Gladwin finds the circuit court properly revoked defendant's probation, sentencing her to 120 months in prison. Defendant previously pleaded guilty to charges of robbery and theft of property, receiving 10 years of probation. Later, defendant, thinking her boyfriend was cheating on her, confronted him in the front yard of the other woman's home, attacking him with a knife. Detective interview video shows defendant admitting to having a knife, which supports the revocation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: April 17, 2024, Case #: CR-23-652, Categories: Probation, Assault, weapons
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. The wheelchair-bound defendant shot at his cousin, who had pulled over in his vehicle to say "hi." That cousin and another cousin testified there was no conflict or altercation before defendant started shooting. Though defendant says the cousin was "bothering" him, he did not specify how, also telling officers he did not feel threatened when he began shooting. The lower court properly refused to provide a self-defense instruction, as there is no evidence it was necessary for defendant to protect himself. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 17, 2024, Case #: 12-23-00245-CR, Categories: Assault, weapons, Self Defense
J. Duncan finds the district court properly convicted defendant for possessing an unregistered destructive device. Defendant was arrested after his sister reported he assaulted her boyfriend, also telling police he had a pipe bomb in his closet. Though an explosives expert determined it was a bomb, improvised with material harvested from fireworks, defendant says the government did not prove it was designed as a weapon. The affirmative defense, according to certain case law and code exception, is not an element of the crime. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: April 12, 2024, Case #: 23-40098, Categories: Evidence, weapons
J. Freudenberg finds the trial court properly convicted defendant for murder, as well as weapons charges, based on sufficient evidence. Officers discovered the victim after responding to a report of a bleeding body in the stairwell of an apartment building. Defendant was arrested, hiding in his girlfriend's mother's attic crawlspace, after the investigation turned up surveillance video showing he and his girlfriend and dog in the area at the time multiple witnesses heard sounds of a struggle, a dog barking, a woman's scream and a body falling down the stairs. Furthermore, counsel's objections to out-of-court statements were properly overruled and sustained. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 12, 2024, Case #: S-23-130, Categories: Evidence, Murder, weapons
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of drug and weapon possession after handguns and drug paraphernalia were found in a red duffel bag and heroin envelopes were recovered from the scene. Defendant contends the state failed to establish constructive possession, but identifying information had been discovered in the bag, and an acquaintance directed police to heroin she hid in the building upon fleeing from defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 11, 2024, Case #: 112610, Categories: Drug Offender, Evidence, weapons
J. Garry finds that the lower court properly convicted defendant based on his guilty plea to attempted weapon possession for his involvement in a street shooting. Defendant objected to providing a buccal swab, but the sampling was unobtrusive and the prosecution already had DNA linking the shooter to a vehicle driven by defendant, as well to a firearm recovered from the scene. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 11, 2024, Case #: 113054, Categories: Dna, Evidence, weapons
J. Blackburned-Rigsby finds the trial court erroneously failed to conduct a Frendak intelligently and voluntarily waived the insanity defense during his trial for his attack on a taxi driver with a hammer. Substantial proof raises a question of defendant's sanity at the time of the crime and, therefore, the case must be remanded to allow the trial court to conduct the proper inquiry.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: April 11, 2024, Case #: 22-CM-0898 , Categories: Competence, Assault, weapons
J. Bower finds that defendant was properly denied relief from her conviction for unauthorized possession of an offensive weapon. She contends counsel should have sought dismissal based on speedy indictment violations, but defendant's failure to make an initial appearance resulted in another arrest and a second scheduled initial appearance, and thus the speedy indictment clock began to run at the time of her second arrest. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 10, 2024, Case #: 22-1997, Categories: weapons, Speedy Trial
J. Tabor finds that defendant was properly denied relief from his conviction for criminal mischief while using a dangerous weapon and other charges brought after he fled police pursuing him on an active warrant. A factual basis existed for his plea since defendant used his truck to ram police cars following the chase. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0431, Categories: Ineffective Assistance, weapons, Plea
J. Ahlers finds that defendant was properly sentenced for domestic abuse assault and other charges based on his Alford plea to charges contending he threatened to kill himself and his girlfriend with a bomb he had put in his mouth because the lengthy sentence was justified by his use of a dangerous incendiary device and his lack of remorse for the crime. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 23-0515, Categories: Sentencing, weapons, Domestic Violence
J. Luckert finds that the lower court improperly held that defendant, a convicted felon, did not possess an actual "dagger" when he was picked up by a police officer while resting on the side of a dirt road because the state presented sufficient evidence that the weapon was a dagger based on the length of its blade and sharp edge. Reversed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: April 5, 2024, Case #: 124878, Categories: Evidence, weapons
J. Pritzker finds that the lower court properly convicted defendant of weapon possession after a gun was fired during a fight outside a restaurant because evidence supported the verdict, including testimony from a restaurant employee who restrained defendant until police arrived after seeing him on the ground with a gun in his waistband, and eyewitness accounts contending that someone snatched the gun and fired it before walking away. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 4, 2024, Case #: 113391, Categories: Evidence, weapons, Witnesses
J. Moore affirms the defendant's conviction for second-degree assault. The defendant's statements that he planned to beat the victim were sufficient direct evidence to support the contention that he intended to use a wooden board as a weapon, and the likelihood that the board's use would cause death or great bodily harm was enough to support a jury's conclusion that the board was a dangerous weapon. Affirmed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: April 3, 2024, Case #: A22-0172, Categories: Assault, weapons
J. Moore finds the trial court properly convicted defendant for assault and use of a deadly weapon based on sufficient evidence. A couple travelling with their children were stabbed by the ex-girlfriend of a friend with whom the couple were staying. When the ex-girlfriend's brother confronted the ex-boyfriend for breaking up with his sister, the ex-girlfriend was also seen running from the ex-boyfriend's house. The couple were later found to have been stabbed. All factors were properly considered for sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: April 2, 2024, Case #: A-23-407, Categories: Evidence, Assault, weapons
J. Howard upholds the trial court's admission of testimony from the mother of defendant's child during his trial on gun possession and related charges. The mother's testimony was "'direct and substantial proof'" of the charge. Affirmed.
Court: DC Court of Appeals, Judge: Howard, Filed On: March 28, 2024, Case #: 22-CF-0761 , Categories: weapons, Witnesses
Per curiam, the appellate division finds that the trial court properly convicted defendant of weapons charges, second-degree murder, and assault related to two shootings because evidence indicated defendant matched the description of the shooter that had been given by witnesses and victims of the first shooting. Meanwhile, defendant failed to properly move to discharge a juror, and the jury was properly allowed to deliberate and have frank discussions of racial bias. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 22, 2024, Case #: KA 22-00654, Categories: Jury, Murder, weapons
J. McKeig affirms the defendant's second-degree assault conviction, appealed on the grounds that the state did not provide sufficient evidence that the broom handle he broke over his wife's head was a "dangerous weapon" and that he could not be convicted for both second-degree assault and domestic assault. Domestic assault is not a "lesser degree" of second-degree assault, so the relevant Minnesota statute does not prohibit convictions for both offenses, and the state need only prove that death or great bodily harm is a "probable or reasonably expected" outcome of a defendant's use of an object to make it a dangerous weapon. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: March 20, 2024, Case #: A22-0960, Categories: Assault, weapons
Per curiam, the appellate division finds that the trial court properly convicted defendant on weapons charges. The jury instruction properly excluded the defense of "temporary innocent possession of a weapon" because there was insufficient evidence to support such a defense, and statements made to police were properly admitted since there was a pronounced break between the custodial questioning by police. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: KA 23-00479, Categories: weapons, Jury Instructions