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Tag Archives: domestic assault

Criminal Law: Domestic Assault-Ineffective Assistance of Counsel-Advising Not to Testify in Own Defense

  Defendant was convicted of unlawful use of a weapon and third-degree domestic assault after he assaulted his paramour at her home during a period of several days. On appeal, defendant argued that counsel was ineffective for advising him not ...

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Criminal Law: Domestic Assault-911 Recording-Body-Cam Footage

Where a defendant in a third-degree domestic-assault case challenged the admission of a 911 recording and of police body-camera footage, the trial court did not err in admitting the 911 tape because sufficient circumstantial evidence identified the caller, but the ...

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Criminal Law: Domestic Assault-Upward Departure-Criminal History Category

Defendant pleaded guilty to domestic assault. At sentencing, the district court found defendant’s guidelines range to be 30 to 37 months. The court upward departed, concluding defendant’s criminal-history category under-represented the seriousness of his criminal history and imposed a one-month ...

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Criminal Law: Domestic Assault-Apprehension Of Injury-Victim’s Testimony

Where a defendant challenged the sufficiency of evidence to support convictions for third-degree domestic assault and burglary, the judgment is affirmed because even though the victim testified that the defendant’s actions in threatening her and a male guest and shooting ...

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