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Tag Archives: Assault

Criminal Law: Assault-Sufficiency of Evidence

Where a defendant, who was convicted on charges including second-degree assault and armed criminal action, challenged his convictions, the evidence was sufficient to support the conviction because he fired a gun toward a vehicle that he knew contained three passengers, ...

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Criminal Law: Assault-Defense of Property

Defendant appealed his conviction for first-degree assault, arguing that the trial court erred in rejecting his proffered jury instructions because there was sufficient evidence to support a theory of defense of property. Where there was no evidence that the victim ...

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Criminal Law: Assault-Evidence of Prior Criminal Convictions

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 ...

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Criminal Law: Assault-Sufficiency of Evidence of Serious Physical Injury

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 ...

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Criminal Law: Assault-Ineffective Assistance of Plea Counsel

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, ...

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Criminal Law: Assault-Discussion of Uncharged Statute-Jury Instructions

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 ...

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Torts: Assault-Personal Injury-Dismissal

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 ...

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Criminal Law: Assault-Constructive Amendment of Indictment-Supplemental Jury Instructions

  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 ...

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