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Tag Archives: Criminal Law

Criminal Law: Petition for Habeas Corpus- Sufficiency of Evidence- Witness Recantation

Defendant appealed from the denial of his petition for writ of habeas corpus challenging the sufficiency of the evidence supporting his conviction for oral rape. At defendant’s trial, the court admitted the minor victim’s video interview in which he testified ...

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Criminal Law: Mailing Threatening Communications- Upward Variance of Sentence- Substantively Unreasonable Sentence

Defendant pleaded guilty to mailing threatening communications to a trial judge in response to the judge’s sentencing of defendant’s brother. The district court granted the government’s motion for an upward variance in defendant’s sentence and sentenced defendant to the statutory ...

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Criminal Law: Post-Conviction Relief- Effectiveness Of Counsel- Juror Misconduct

Where a defendant in a first-degree murder case argued that his counsel was ineffective for failing to raise the issue of juror misconduct in the motion for new trial, the judgment is affirmed because juror testimony about alleged bullying that ...

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Criminal Law: Statutory Rape- Jury Observation of Defendant- Defendant’s Demeanor as Evidence

Defendant was charged with statutory sodomy and statutory rape. During trial, a juror asked the trial court to reposition defendant to observe his demeanor. Defense counsel obliged to the request. On appeal, defendant argued that the trial court committed plain ...

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Criminal Law: Juvenile Delinquency- Criminal Offenses- Standard of Proof

Minor appealed the trial court’s adjudication of delinquency finding him guilty “by clear, cogent and convincing evidence” of acts that would have been crimes if committed by an adult. On appeal, minor argued that the trial court failed to apply ...

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