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Judge Marla Graff Decker

Oct 9, 2022

Victim was credible in sex crimes case

The appellant’s convictions for sodomy and object sexual penetration by force are affirmed on the strength of the victim’s testimony, which was not inherently incredible as a matter of law. Credibility “The appellant argues that the evidence was insufficient to sustain his convictions because Miller’s testimony was inherently incredible and unworthy of belief. He asserts […]

Sep 30, 2022

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 a Glassport. He discovered they were missing from his parent’s lake house in October 2019. […]

Sep 1, 2022

Evidence supports conviction for firearm possession

There was sufficient evidence to support appellant’s conviction for being a violent felon in possession of a firearm. Further, his motion to suppress the firearm was correctly denied where the gun fell from his waistband as he was running to escape the police. Background Office Cordingley approached four men, one of them the appellant in […]

Aug 25, 2022

Wife’s relationship with boyfriend was not marriage

Where the parties’ settlement agreement provided that wife would no longer get a portion of husband’s retirement benefits if she remarried, her relationship with her boyfriend was not a “marriage” as defined by the settlement agreement.  ‘Marriage’ defined “Agreements between spouses regarding support or property settlement are governed by the rules of construction generally applica[...]

Aug 23, 2022

Victim’s testimony supports malicious wounding verdict

There was sufficient evidence of appellant’s malice to convict him of maliciously wounding the victim. Beaten with frying pan “The record here establishes that after arguing with Harvey, the appellant repeatedly struck her in the face with a frying pan before shoving her into the stove. The blows knocked Harvey to the ground and prevented […]

Aug 23, 2022

Six-year active sentence for probation violation

Where appellant was given a six-year active sentence following a series of incarcerations and probation violations, there was no abuse of discretion. Even though the sentence exceeded the guidelines it was still within the statutory maximum. No abuse of discretion “[T]he appellant argues that in setting his sentence, the court failed to consider that the […]

Aug 23, 2022

Abduction verdict supported by sufficient evidence

There was sufficient evidence to support the trial court’s conclusion that appellant was guilty of abduction because he tricked an eight-year-old child into handing a three-year-old to him through his bedroom window and then attempted to conceal the child. Introduction Appellant Paige lived with his mother, Ibell Paige. Appellant’s sister, Melvina, was at the house […]

Aug 15, 2022

No retroactive application of statute to suppress evidence

A 2021 statute that precludes vehicle searches based solely on the odor of marijuana and requires suppression of evidence found during such searches cannot be applied retroactively to exclude a weapon found during a 2019 search of appellant’s vehicle. Introduction Police stopped appellant’s vehicle on Nov. 19, 2019, because the registration had expired. “While talking […]

Jun 10, 2022

No speedy trial rights violation

A 13-month delay between appellant’s arrest and his trial did not violate his speedy trial rights. During this period, emergency orders issued in response to the COVID-19 pandemic tolled the speedy trial statute. No violation “The appellant contends that the denial of his motion to dismiss was error because his right to a speedy trial […]

Jun 9, 2022

‘Fatal’ variance between indictment and evidence

Where an indictment charged appellant with entering an occupied home with intent to commit larceny or arson, his burglary conviction is reversed because the prosecution did not prove the intent requirement. Overview Appellant broke into Foster’s home around 5 am on Oct. 18, 2020, and assaulted her. The two knew each other. Appellant would sometimes […]

May 19, 2022

Animal cruelty charge was properly amended

Where appellant was convicted of misdemeanor animal cruelty, she has waived her argument that the trial court incorrectly allowed the indictment to be amended. Further, contrary to appellant’s assertion, the court did not conclude that her offense was a strict liability offense. Heat stroke Appellant was charged with felony animal cruelty after her dog died […]

May 12, 2022

Probable cause to arrest in DUI case

Where appellant was convicted for refusing a breath test, second offense, the evidence showed there was probable cause to arrest him. Therefore, the trial court correctly denied his motion to suppress. There was no defect in the form advising him about the consequences of refusing a breath test, and there was sufficient evidence to convict. […]

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