Defendant appealed from his conviction for first-degree assault and armed criminal action, arguing that the trial court erred in denying his motion for mistrial because the state inadvertently had revealed to the jury, in response to a venireperson’s statement, that ...

Tagged with: Assault Evidence of Prior Criminal Convictions

Defendant appealed his conviction for second-degree assault, arguing that the evidence at trial was insufficient to show defendant caused serious physical injury to the victim because the victim had not suffered a “protracted impairment” of the function of any part ...

Tagged with: Assault Sufficiency of Evidence of Serious Physical Injury

As part of a negotiated plea agreement, defendant pleaded guilty to assault, domestic assault and resisting arrest. He received concurrent seven-year sentences for the assault charge and a consecutive three-year sentence for resisting arrest. Defendant unsuccessfully moved for post-conviction relief, ...

Tagged with: Assault Ineffective Assistance of Plea Counsel

Defendant appealed his conviction for third-degree assault, arguing that the trial court improperly allowed the prosecutor, during closing argument, to read a statute addressing the offense of resisting arrest and to read appellate cases discussing the physical force required to ...

Tagged with: Assault Discussion of Uncharged Statute jury instructions

  Defendant appealed the district court’s judgment, imposed after defendant pleaded guilty pursuant to a plea agreement to an assault charge. Where defendant agreed to an appeal waiver in his plea agreement, the court dismissed his appeal of his judgment ...

Tagged with: appeal waiver Assault Criminal Law plea agreement

Plaintiff appealed the district court’s dismissal of all of his claims against all defendants. Where the court could find no error in the district court’s dismissal of plaintiff’s complaint or abuse of discretion in the district court’s denial of plaintiff’s ...

Tagged with: Assault Dismissal personal injury Torts

  Defendant appealed from his assault conviction after his girlfriend alleged that she suffered an eye injury and broken arm inflicted by defendant. Defendant conceded to the eye injury but denied breaking his girlfriend’s arm. On appeal, defendant challenged the ...

Tagged with: Assault Constructive Amendment of Indictment Criminal Law Supplemental Jury Instructions

Where a defendant struck a woman so hard on the back of the head that she lost consciousness, then he dragged her to a ditch and held her head under water, a reasonable juror could conclude that the defendant’s actions ...

Tagged with: Assault Criminal Law Serious Physical Injury

Defendant appealed from his conviction for first-degree assault and related offenses. On appeal, defendant challenged the admission of testimony regarding his reputation for violence and hearsay evidence, and the denial of judgment of acquittal or mistrial following denial of access ...

Tagged with: Assault Criminal Law Evidence of Reputation for Violence jury instructions

Defendant appealed his bench-trial conviction for first-degree assault and armed criminal action. The victim was using a Bobcat at the apartment complex where defendant lived. Defendant struck the side of the Bobcat with his cane, then began hitting victim. When ...

Tagged with: Assault Criminal Law Intent to Kill Sufficiency Of Evidence

Defendant appealed his bench-trial conviction for first-degree assault and armed criminal action. The victim was using a Bobcat at the apartment complex where defendant lived. Defendant struck the side of the Bobcat with his cane, then began hitting victim. When ...

Tagged with: Assault Criminal Law Intent to Kill Sufficiency Of Evidence