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Tag Archives: Criminal Law

Criminal Law: Second-Degree Murder-Substantive Reasonableness of Sentence-Defendant’s ‘Personal History and Characteristics’

Defendant pleaded guilty to second-degree murder in the death of her 2-year-old son following her infliction of a fatal beating on her son. On appeal, defendant argued that her 480-month sentence was substantively unreasonable because the district court failed to ...

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Criminal Law: Robbery-Jury Instruction-‘Dangerous Instrument’

Where a defendant challenged his conviction for first-degree robbery, the evidence was sufficient to support the conviction, but the trial court erred by omitting the definition of “dangerous instrument” from the instruction, so the judgment is reversed and remanded for ...

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Criminal Law: Child Molestation-‘Ritual or Ceremony’-Multiple Abusers

Where a defendant challenged his conviction for class A first-degree child molestation, the defendant was convicted under Section 566.067, which specified that the molestation was part of a “ritual or ceremony” defined as an act or series of acts performed ...

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Criminal Law: Post-Conviction Relief-Involuntary Guilty Plea-Ineffective Assistance

Where a defendant, who pleaded guilty to charges of DWI and second-degree assault of a law enforcement officer after he hit a police vehicle, challenged the denial of his motion for post-conviction relief based on his allegations of ineffective assistance ...

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Criminal Law: Sentencing-Substantive Reasonableness

Where a defendant challenged his sentence as substantively unreasonable, the judgment is affirmed because the district court properly considered the relevant factors, including the defendant’s rehabilitative efforts. Judgment is affirmed. U.S. v. Faulkner (MLW No. 73225/Case No. 18-2910 – 2 ...

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