9 results for 'judge:"Emfinger"'.
J. Emfinger finds the trial court properly denied defendant's motion for a jury instruction on self-defense or the accident doctrine because her testimony clearly established she knowingly struck the victim with her car as she drove in reverse. Defendant initially claimed she was trying to get away from the victim, but admitted at trial she saw her when she "revved" the engine and was going between 20 and 40 miles per hour when the impact occurred; therefore, defendant's statement she "acted in self-defense" was insufficient to warrant a jury instruction. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: May 7, 2024, Case #: 2023-KA-52, Categories: Murder, Self Defense, Jury Instructions
J. Emfinger finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of burglary of a dwelling and conspiracy to commit burglary of a dwelling for his role in entering a home, stealing a laptop computer and taking beer from the refrigerator. Evidence is sufficient to support his convictions and sentence of 20 years for the burglary conviction with 15 years to serve, five suspended, five years of post-release supervision, and five years for the conspiracy conviction. While defendant argues the jury was not instructed on possible lesser offenses, the instant court finds that even if it were an error, it would not have impacted the trial outcome, as the evidence of defendant’s guilt was overwhelming. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: November 14, 2023, Case #: 2022-KA-00598-COA, Categories: Burglary, Fair Trial, Jury Instructions
J. Emfinger finds the lower court properly convicted defendant of capital murder, aggravated assault, possession of a firearm by a felon, and two counts of armed robbery for his role in shooting two men in a nightclub he robbed; one man was killed and the other severely injured. The lower court improperly convicted him on one count of armed robbery because there was no evidence presented that personal property was taken from the victim that was killed. Reversed in part.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: October 31, 2023, Case #: 2021-KA-01161-COA, Categories: Murder, Robbery, Assault
J. Emfinger finds the lower court improperly considered a modification of custody. The chancery court entered a Final Judgment of Modification and Contempt that awarded a father sole physical and legal custody of the parties’ minor child. Though the mother originally had physical custody of the child with the father having visitation, the father petitioned for, and was granted, emergency custody after the mother allegedly had legal and domestic issues that had the child living with the maternal grandparents. The father was ultimately awarded sole physical and legal custody of the child. While the instant court finds the lower court had jurisdiction over the matter, it also finds that it improperly limited the mother’s access to pertinent discovery materials from the guardian ad litem and should not have disallowed the mother’s request to allow the child to testify. The matter is remanded for further proceedings. Reversed in part.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: October 31, 2023, Case #: 2022-CA-00600-COA, Categories: Family Law, Due Process, Jurisdiction
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J. Emfinger finds the lower court properly convicted defendant of conspiracy to commit murder and first-degree murder for his role in the shooting death of a man. Defendant received a 20-year sentence for the conspiracy conviction and life imprisonment for murder to run concurrently. Defendant argues the lower court erroneously allowed phone records and testimony of an officer explaining the use of those records in tracking the location of defendant’s cell phone, but the instant court finds no error in the lower court's handling of the matter. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: October 31, 2023, Case #: 2022-KA-00709-COA, Categories: Evidence, Murder, Witnesses
J. Emfinger finds the lower court properly convicted defendant of leaving the scene of an accident that caused mutilation, disfigurement, and/or destruction of a limb or organ, aggravated driving under the influence, and the DUI-related death of an unborn child. Defendant crashed into an oncoming vehicle after drinking and smoking marijuana. The crash severely injured the driver of the other vehicle and killed her unborn child. Defendant left the scene of the crash on foot before emergency personnel arrived. On appeal, defendant argues he received ineffective assistance of trial counsel, but the record indicates otherwise and his arguments are without merit. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: August 29, 2023, Case #: 2021-KA-01265-COA, Categories: Ineffective Assistance, Dui
J. Emfinger finds the lower court properly found both parties in contempt. The parties were granted a divorce without fault. The husband filed a complaint for contempt alleging the wife failed to allow visitation. The wife filed a counterclaim for contempt, alleging the husband failed to pay her approximately $10,000 awarded to her in the final judgment of divorce. The lower court did not abuse its discretion in finding them both in contempt. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: August 8, 2023, Case #: 2022-CA-00019-COA, Categories: Contempt, Family Law
J. Emfinger finds the lower court properly awarded physical custody of the parties' minor children to the father. The parties were granted a divorce in 2018, giving the mother physical custody of the children, with the father having 14 days of visitation per month. While the parties successfully co-parented the children, the mother planned to move out of state and filed for modification of the custody order, as the existing order would no longer be feasible due to distance. The lower court found the move constituted an adverse material change of circumstances as it affected the amount of parenting time each parent would have with the children, and the amount of time they would spend with their extended family. The lower court awarded physical custody of the children to the father in an effort to maintain stability and continuity in the children’s lives. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: May 23, 2023, Case #: 2021-CA-01108-COA, Categories: Family Law