14 results for 'judge:"Montgomery"'.
J. Montgomery denies the police officers' motion for judgment on the pleadings in the Minneapolis residents' suit alleging that the officers failed to intervene when the Minneapolis Police Department's SWAT team sprayed them with tear gas and rubber bullets without announcing themselves or providing them an opportunity to surrender or retreat while they were protecting a family business during the 2020 protests of George Floyd's murder. The residents have plausibly alleged that their Fourth Amendment rights were violated by the officers' failure to intervene, and body-worn camera footage does not conclusively vindicate the officers' contention that they were unaware of the use of allegedly excessive force.
Court: USDC Minnesota, Judge: Montgomery, Filed On: May 16, 2024, Case #: 0:23cv2892, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Montgomery finds the lower court properly denied defendant’s motion to suppress evidence collected during the search of a vehicle. Defendant pleaded guilty to unlawful possession of a weapon and theft of property, and received an effective 12-year sentence to confinement. During the course of a traffic stop, a stolen handgun was found under the driver’s seat of a vehicle the defendant was driving. Defendant argues officers did not have probable cause to search the vehicle, but the lower court determined that since one of the responding officers smelled marijuana coming from the vehicle, the odor established probable cause for the warrantless search. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: April 11, 2024, Case #: W2023-00713-CCA-R3-CD, Categories: Evidence, Firearms, Search
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J. Montgomery finds the lower court properly dismissed a defendant’s petition for a writ of habeas corpus. Defendant was convicted of first-degree murder during the perpetration of a robbery and facilitation of especially aggravated robbery, and received an effective life sentence. The habeas corpus court dismissed the matter because defendant’s petition failed to state a claim upon which relief could be granted. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: April 11, 2024, Case #: W2023-01330-CCA-R3-HC, Categories: Habeas, Murder, Robbery
J. Montgomery finds the lower court properly dismissed defendant’s petition for post-conviction relief. Defendant pleaded guilty to two counts of facilitation of the delivery of marijuana for selling marijuana to a confidential informant. Defendant received an effective 11-month, 29-day sentence. Defendant claims trial counsel was ineffective because he did not advise him that his guilty plea could affect his immigration status. The lower court dismissed the matter finding that it lacked jurisdiction as defendant’s petition was filed outside the one-year statute of limitations, and the evidence did not meet the standard for an exception. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: February 6, 2024, Case #: M2022-01325-CCA-R3-CD, Categories: Drug Offender, Ineffective Assistance, Due Process
J. Montgomery finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of especially aggravated robbery, aggravated assault and reckless endangerment for entering a home under false pretenses and stabbing and robbing the occupant. Defendant received an effective 40-year sentence. Defendant argues he received ineffective assistance from trial counsel, but the instant court finds no error in the post-conviction court’s determination that defendant was fairly represented and is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: October 10, 2023, Case #: W2022-01459-CCA-R3-PC, Categories: Ineffective Assistance, Robbery, Assault
J. Montgomery denies the sheriff's deputy's motion to dismiss the injured police officer's claims against him stemming from an attack by a police dog the deputy let off-leash while pursuing another person. Qualified immunity does not bar the officer's claims, since the officer has plausibly alleged that the dog's attacks were a Fourth Amendment "seizure," that that seizure was unreasonable and that he had a clearly established right not to be attacked by the dog without an effective audible warning that the dog was loose.
Court: USDC Minnesota, Judge: Montgomery, Filed On: August 31, 2023, Case #: 0:23cv619, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Montgomery finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to aggravated assault and evading arrest, and as part of his plea agreement he received a five-year, split-confinement sentence. Defendant violated the terms of his probation when he entered the workplace of the victim, which violated a protective order, and proceeded to physically attack her. The instant court finds the lower court considered defendant’s behavioral history with multiple prior probation violations, and did not abuse its discretion when it revoked his probation and ordered him to serve out the remainder of his sentence in confinement. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: August 9, 2023, Case #: E2022-01304-CCA-R3-CD, Categories: Probation, Assault, Restraining Order
J. Montgomery finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of first-degree felony murder, setting fire to personal property, and three counts of aggravated assault for his role in the robbery and death of a man, as well as the burning of the victim's vehicle. Defendant received an effective life sentence. The lower court properly denied defendant’s request for DNA testing of hair samples, as they no longer exist, and he is not entitled to relief under his claim of cumulative error as he did not establish error made in the case. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: July 31, 2023, Case #: E2022-01302-CCA-R3-PC, Categories: Dna, Murder, Assault
J. Montgomery finds the lower court properly convicted defendant of conspiracy to possess more than 26 grams of cocaine with the intent to sell or deliver in a drug-free zone, for manufacturing and selling crack cocaine. Defendant also received a criminal gang enhancement as it was determined that he is a member of a local gang and the acts that led to his convictions were gang-related. Evidence is sufficient to support defendant’s convictions and 15-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: July 31, 2023, Case #: E2022-00601-CCA-R3-CD, Categories: Drug Offender, Sentencing, Gangs
J. Montgomery finds the lower court properly denied defendant’s motion to dismiss. Defendant was convicted of two counts of perjury for signing affidavits indicating that he had personally served two civil summonses, when his girlfriend was actually the person who served them. Evidence is sufficient to support his convictions and effective sentence of 11 months and 29 days on probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: June 9, 2023, Case #: E2022-00758-CCA-R3-CD, Categories: Evidence, Perjury