Please ensure Javascript is enabled for purposes of website accessibility
Home / Opinion Digests / Criminal Law (page 11)

Criminal Law

Victim testified credibly in strangulation case (access required)

Where appellant was convicted of strangling his wife, the trial court correctly determined that she provided credible testimony about the incident. Further there was sufficient evidence to support his conviction. Choking incident Appellant “asserts that the evidence failed to prove ...

Read More »

‘Miranda’ rights waived by voluntary talk with police (access required)

Where a defendant argued that statements he made to the police without benefit of counsel about a gun involved in a felon-in-possession charge should have been suppressed, but he knowingly waived his right to counsel by voluntarily answering a detective’s ...

Read More »

Sentencing error harmless, enhancement supported (access required)

Where the district court erred by imposing an enhanced statutory maximum that was neither charged nor submitted to the jury, because the statutory sentencing enhancement was supported by overwhelming evidence and was uncontroverted, the error was harmless. Background Former federal ...

Read More »

Suspended sentence properly revoked (access required)

After appellant violated the terms of his probation several times, the trial court did not abuse its discretion by revoking his suspended sentences. Arguments on appeal “Appellant, through counsel, contends that the trial court abused its discretion when it upwardly ...

Read More »