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Apr 20, 2020

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, and the judgment is affirmed because no manifest injustice occurred due to the use of […]

Mar 13, 2020

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 had attempted to “tamper” with defendant’s personal or real property prior to defendant’s assault of […]

Mar 11, 2020

Criminal Law: Assault-Sufficiency of Evidence

Where a defendant, who fired one shot at a vehicle containing three passengers, argued that the evidence did not show that he intended to cause harm to all three passengers, the evidence was sufficient to support the convictions for three counts of second-degree assault and three counts of armed criminal action, so the judgment is […]

Feb 18, 2020

Criminal Law: Assault-Jury Instructions-Sudden Passion

Where a defendant challenged his conviction for assault in the first degree, the trial court erred in refusing to instruct the jury on second-degree assault based on sudden passion because the instruction was supported by the evidence, so the cause is remanded for a new trial on two counts, and the remaining points on appeal […]

Dec 30, 2019

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 defendant had prior criminal convictions. Where the prosecutor’s statement was an accurate representation of fact […]

Oct 7, 2019

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 of his body. Where the victim testified that he wore a back brace for weeks, […]

Oct 7, 2019

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, alleging that counsel failed to negotiate a good plea agreement and failed to advise defendant [&h[...]

Jul 9, 2019

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 resist arrest, because it supplanted the trial court’s jury instructions. Allowing the prosecution to advise […[...]

Mar 18, 2019

Criminal Law: Assault-Plea Agreement-Appeal Waiver

  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 of sentence. Judgment is affirmed. U.S. v. Singletary (MLW No. 72923/Case No. 18-2676 – 2 […]

Mar 11, 2019

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 motion for reconsideration, the court affirmed the district court’s orders. Judgment is affirmed. Birapaka v. […]

Mar 4, 2019

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 district court’s admission of certain evidence and argued that the district court constructively amended his […]

Nov 5, 2018

Criminal Law: Assault- Serious Physical Injury

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 raised a “legitimate concern” that the victim could die, and the judgment convicting the defendant […]

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