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Tag Archives: Criminal Law

Criminal Law: Sentencing-Armed Career Criminal Act-Violent Felony

  Where a defendant had convictions in Missouri for second-degree domestic assault, second-degree assault and unlawful use of a weapon and a Minnesota conviction for second-degree assault, the district court did not err in sentencing him as an armed career ...

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Criminal Law: Receiving Stolen Property-Sufficiency Of Evidence-‘Knowingly’

  Where a defendant, who was convicted of receiving stolen property, argued that there was insufficient evidence to show that he knowingly received the stolen property, which was an air-conditioning unit, the judgment is affirmed because the state adduced evidence ...

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Criminal Law: Sentencing-Revocation

  Where a defendant argued that his revocation sentence was substantively unreasonable, the judgment is affirmed because the district court adequately considered the mitigating factors and the aggravating factors. Judgment is affirmed. U.S. v. Fank (MLW No. 73077/Case No. 18-1583 ...

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Criminal Law: Post-Conviction Relief-Effectiveness Of Counsel-Mitigating Evidence

  Where a defendant challenged the denial of post-conviction relief, arguing that his counsel was ineffective for failing to raise mitigating evidence at his sentencing, the judgment is affirmed because the trial court was fully informed about the defendant’s mental ...

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Criminal Law: Post-Conviction Relief -Pro Se Statement-Denial of Due Process

  Petitioner appealed from the denial of his pro se post-conviction motion, arguing that the trial court violated his due process rights by accepting a statement in lieu of an amended motion filed by appointed post-conviction counsel because no attorney ...

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Criminal Law: Burglary-Suppression of Police Interview-Clerical Error in Judgment

  Defendant was convicted of burglary and felony murder after she convinced three male friends to obtain handguns, break into the victim’s home and shoot him to death. The trial court denied defendant’s challenge to various aspects of her statement ...

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Criminal Law: Burglary-Sufficiency of Evidence-Prosecutorial Misconduct

  Defendant was convicted of first-degree assault and first-degree burglary. On appeal, defendant argued that the burglary statute was facially ambiguous and that, resolving any ambiguity in his favor, the evidence was insufficient to support his conviction. Defendant further argued ...

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