Please ensure Javascript is enabled for purposes of website accessibility
Home (page 3)

Tag Archives: Judge Richard Y. AtLee Jr.

Informant’s identification of suspect by single photo approved

Where an informant identified, from a single photograph, the person from whom he was to make an undercover drug purchase, the trial court correctly ruled that this was an admissible out-of-court identification. Appellant’s conviction for distributing a Schedule I or ...

Read More »

Co-conspirators’ statements were admissible evidence

Where a prisoner was convicted of attempting to possess drugs, conspiracy to distribute the drugs and soliciting a person to deliver drugs to a prisoner, testimony about his co-conspirators’ statements was admissible hearsay. Further, there was sufficient evidence linking the ...

Read More »

Credibility evidence available before reconsideration motion

Where appellant argues the trial court incorrectly denied his motion to reconsider his multiple convictions based on post-trial challenges to the court’s credibility determinations, the judgment is affirmed because the appellant had the information before the court entered its judgment. ...

Read More »

Fraud pleading insufficient to set aside divorce decree

The circuit court correctly concluded that it lacked power to grant equitable relief despite appellant’s pleading that the separation agreement was unconscionable and procured by fraud. Background Stephanie Shobe filed for divorce after a 10-year marriage to Steve Gilman, the ...

Read More »

Jury correctly instructed on aggravated malicious wounding

In this aggravated malicious wounding case, the jury was correctly instructed that a defendant’s heat of passion defense must arise from the victim’s provocation rather than being provoked by someone else. Further, there was sufficient evidence of malice to support ...

Read More »