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Tag Archives: Criminal

Larceny conviction supported by circumstantial evidence (access required)

Circumstantial evidence and reasonable inferences, including the appellant’s shifting explanations and the fact that his driver’s permit, cellphone and the victim’s belongings were found in a stolen car, supported his larceny conviction. Background On April 9, 2016, at about 4:15 ...

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Defendant committed assault when he grabbed co-worker (access required)

Where a defendant acknowledged touching his co-worker’s shoulders during a dispute, and the co-worker and other witnesses testified that the contact was intended to prevent the co-worker from leaving the room, the defendant’s self-serving testimony that the contact was minimal ...

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Government could make second search of cellphone (access required)

Although evidence obtained during a military search of the defendant’s cellphone was inadmissible because it violated the Military Rules of Evidence, the good-faith exception to the exclusionary rule and “fruit of the poisonous tree” doctrine nonetheless allowed the government to ...

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Evidentiary hearing required for actual innocence claim (access required)

Where defendant petitioned for a writ of actual innocence based on nonbiological evidence, the Court of Appeals abused its discretion by dismissing the petition without ordering an evidentiary hearing. The appeals court concluded defendant did not prove the truth of ...

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Continuance properly denied after counsel was retained (access required)

Defendant was not entitled to a continuance under a statute that provides the court “shall” grant a reasonable continuance when a defendant represented by a court-appointed attorney becomes financially able to retain private counsel. The statute does not confer a ...

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