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Tag Archives: domestic assault

Criminal Law: Domestic Assault-Sufficiency of Evidence-Physical Evidence

Where a defendant challenged his conviction for domestic assault, evidence that the victim was strangled resulting in unconsciousness was sufficient to support a finding that she suffered a physical injury to support the conviction for domestic assault in the second ...

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Criminal Law: Domestic Assault-Persistent Assault Offender

Defendant appealed from his conviction for second-degree domestic assault and his 12-year sentence as a persistent assault offender. The state conceded that defendant’s sentence was in error. Where one of defendant’s assault convictions was entered a week after the present ...

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Criminal Law: Domestic Assault-Opinion Testimony

  Where a defendant challenged his convictions in a domestic-violence case, the trial court abused its discretion by allowing the opinion testimony of an investigating officer who commented on the defendant’s guilt and vouched for the victim’s testimony and the ...

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Criminal Law: Domestic Assault-Witness Tampering-Sufficiency of Evidence

Defendant was convicted of domestic assault by a habitual offender and of witness tampering. On appeal, defendant argued that the government failed to present evidence sufficient to prove each element of both offenses. Where the victim’s injuries could allow a ...

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Criminal Law: Sentencing-ACCA-Domestic Assault

  Where a defendant argued that he was incorrectly classified as an armed career criminal, the defendant’s Missouri conviction for second-degree domestic assault qualified as a violent felony under the Armed Career Criminal Act, so the judgment is affirmed. Judgment ...

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Criminal Law: Domestic Assault-Motion to Compel Production of Documents-Witness’ Mental Health Records

Defendant appealed his conviction for domestic assault. On appeal, defendant argued that the trial court abused its discretion by denying defendant’s motion to compel a health care facility to disclose a witness’ mental health records or, in the alternative, to ...

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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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