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Tag Archives: Criminal Law

Criminal Law: Sexual Misconduct-Deferred-Prosecution Agreement-Mental Disease

Where a defendant, who had mental health issues, challenged his conviction for sexual misconduct with a child, the trial court did not err in finding that a deferred-prosecution agreement was valid because the defendant’s waiver was knowing and voluntary, and ...

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Criminal Law: Child Molestation-Verdict Director-Unanimous Verdict

Where evidence showed that the defendant in a child-molestation case touched the victim on at least two separate incidents, the verdict director submitted failed to differentiate between the separate acts in a way that ensured that the jury unanimously convicted ...

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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Erroneous Advice

  Defendant appealed the denial of his motion for post-conviction relief following his conviction for stealing a motor vehicle. In his motion, defendant asserted ineffective assistance of counsel, who allegedly erroneously advised defendant he could not be convicted because there ...

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Criminal Law: Possession of a Controlled Substance-Motion for Judgment of Acquittal-Sufficiency of Evidence

Defendant was convicted of felony resisting arrest and felony possession of a controlled substance. Defendant appealed his conviction on the possession charge, arguing that the trial court erred in denying his motion for judgment of acquittal because the evidence at ...

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Criminal Law: Domestic Assault-Writ of Prohibition-Dismissal of Charges

Relator sought a writ of prohibition or mandamus directing the trial court to sustain his motion to dismiss with prejudice two counts in his criminal information relating to domestic assault and victim-tampering. The court previously issued a preliminary writ of ...

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Criminal Law: Domestic Assault-911 Call Evidence-Hearsay

Where a defendant, who was found guilty of counts including third-degree kidnapping and domestic assault, challenged the admission of evidence of three 911 calls, the calls by an unknown man and woman were properly admitted under the present-sense-impression exception to ...

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