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Criminal Law

Evidence supports wounding and stabbing convictions

Where appellant alleges there is insufficient evidence that he stabbed the victim, surveillance videos, and testimony from the victim and a police officer belie the claim. Video evidence “[T]here was sufficient evidence from which a rational factfinder could have determined ...

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Opening statement did not preserve issue for appeal

Appellant’s argument that there was insufficient evidence to convict him of aggravated involuntary manslaughter has not been preserved for review. His argument that his opening statement preserved the issue is not well taken. Fatal accident Appellant, who was 20 years ...

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Sufficient evidence to convict for theft offenses

A detective’s identification of appellant from a security video provided sufficient evidence that appellant was involved with a burglary, grand larceny, larceny of a firearm, conspiracy to commit burglary, and credit card theft. Inference “[S]ince we conclude below that White, ...

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Sufficient evidence of receiving stolen property

Where appellant was convicted of receiving stolen property worth more than $500, his “ever-changing and contradictory statements, in conjunction with other evidence, proved he possessed the two stolen boats.” Overview Bailey, the theft victim, had two boats, a Chaparral and ...

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First Step Act decisions must be procedurally, substantively reasonable

Where procedural and substantive reasonableness requirements are necessary to ensure the broad remedial purposes of the First Step Act, but the district court here did not explain why it believed a large upward variance was warranted when it resentenced the ...

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Sexually violent predator determination reversed

Where the circuit court determined that appellant was a sexually violent predator based on testimony from an expert the commonwealth appointed, this was error because the relevant statute requires that experts be appointed by either the Commitment Review Committee or ...

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