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domestic assault

May 8, 2020

Criminal Law: Sentencing-Domestic Assault-“Actual Innocence”

Where a defendant challenged the denial of his motion to vacate his sentence for the crime of domestic assault by a habitual offender in Indian country, the conviction for simple assault was for an offense that if under federal jurisdiction would qualify as an assault against an intimate partner, so the defendant could not show […]

Apr 27, 2020

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 degree, and the omission of an element in a jury instruction did not result in […]

Feb 21, 2020

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 offense, defendant did not have two predicate assault convictions for sentencing as a persistent assault […]

Feb 12, 2020

Criminal Law: Domestic Assault-Hearsay-911 Calls

Where a defendant challenged a judgment from a bench trial finding him guilty of third-degree domestic assault, the trial court did not abuse its discretion by admitting evidence of 911 calls that described the assault because the calls were made simultaneously with the assault, described the assault and the caller observed the assault, so the […]

Jan 17, 2020

Criminal Law: Domestic Assault-Suppression of Evidence

The state appealed from the order quashing a search warrant and suppressing evidence in defendant’s trial on charges for domestic assault, endangering the welfare of a child and abuse or neglect of a child. The state argued that the warrant was valid on its face because it adequately described the item to be seized, or […]

Nov 18, 2019

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 credibility of state witnesses, so the judgment is reversed on the convictions for first-degree domestic […]

Aug 19, 2019

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 reasonable jury to find that defendant did or intended to cause bodily harm and where […]

Jul 22, 2019

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 is affirmed. U.S. v. Abascal (MLW No. 73551/Case No. 18-2239 – 3 pages) (U.S. Court […]

Jul 9, 2019

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 conduct an in camera review of those records. Where defendant failed to make a plausible […]

May 13, 2019

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 prohibition. Where defendant’s domestic-assault charge was dismissed with prejudice, it could potentially undercut any future […[...]

May 13, 2019

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 the hearsay rule, and the calls were non-testimonial and did not violate the confrontation clause, […]

Apr 1, 2019

Criminal Law: Domestic Assault-Victim’s Credibility

  Where a defendant argued in a domestic-assault case that he should have been able to question the victim on cross examination about her activities as a prostitute, claiming that the evidence would show another source of her injuries and reflect upon her credibility, the trial court did not abuse its discretion in excluding the […]

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