Defendants conviction for attempted rape is not against the manifest weight of the evidence; trial courts error in declaring a prosecution witness a courts witness is waived for a failure to object, and any error in admitting the hearsay evidence which that ruling permitted the State to elicit is harmless beyond a reasonable doubt; no error is demonstrated in giving the Howard charge to the jury on its report of a deadlock; and, ineffective assistance of counsel is not demonstrated. Conviction affirmed.
(10 years ago) -- "The Roanoke Times classified ads are off-limits to the jury trying a man on a marijuana growing charge, a judge decided Monday. Were they allowed, jurors might see the smiling face of defendant ... staring back at them.
Defense counsels failure to have the defendant waive trial by jury with respect to a charge of having a weapon under disability, in order to prevent the jury from hearing about the defendants prior conviction to charges similar to those otherwise being tried, did not amount to ineffective assistance. Counsels other alleged errors do not amount to ineffective assistance. Nor is the jurys verdict against the manifest weight of the evidence. Judgment affirmed.
A federal grand jury today added a wire fraud charge to the indictment against Douglas Morgan, former chairman of the St. Louis County Planning Commission, who has already been charged with a $1.5 million bank fraud scheme. The wire fraud charge against the 65-year-old Chesterfield man asserts that Morgan defrauded a longtime friend, identified only as J.T. in the indictment, by claiming he held secret interests in casino projects between 2002 and 2010. One of those was the project by North County Development, formerly known as Camco Development, to develop 377 acres of land in north St. Louis County into a casino resort.
On appeal, Heft argues that R.C. 2907.05 is unconstitutional as applied to him; that the trial court erred in ordering consecutive sentences; that the jury verdicts were against the manifest weight of the evidence; that he was prejudiced by the trial courts Howard charge to the jury after the jury indicated an inability to reach a verdict; that he was denied his constitutional right to a speedy trial; that the second indictment was constitutionally deficient, as it was intentionally vague and denied him the ability to form a proper defense; that he did not receive a fair trial because the trial court permitted introduction of evidence of other bad acts; and, that he was deprived of effective assistance of counsel. Based upon the following, we affirm the judgment of the trial co...
At least seven jurors in the Anthony J. Allen murder trial had reservations about whether Allen struck the fatal blows to a Lockport group home worker, the Rochester teen's defense lawyer said Friday. Earl Key and his co-counsel, Samuel Davis, said they believe the judge's decision to allow a request by prosecutors to add two words to the charge to the jury made a difference in the case, and will ask that the verdict be set aside.
A Franklin County jury on Thursday found Ryan Hurd not guilty of manslaughter, but guilty of allowing an intoxicated friend to drive his car before it crashed, killing the friend. Hurd, 23, of Lincoln was found guilty of aggravated operating under the influence/accomplice liability in the death of Terry Richardson Jr., 34, of Dover-Foxcroft. The crime carries a maximum sentence of five years in prison or a $2,000 fine.
Sufficiency of the evidence; prior calculation and design; aggravated murder; sufficient time and opportunity for planning a homicide v. instantaneous deliberation; motion for new trial/acquittal; manifest weight; jury instruction on negligent homicide; defense of accident; inconsistent charge to the jury; motion to suppress; exigent circumstances; plain view; Fourth Amendment; re-entry into structure after emergency ceases; scope of initial intrusion; ineffective assistance of counsel; trial strategy; opinion testimony; lay witness.
PARIS -- A Rumford man accused of sexual assault was found not guilty on 10 of 11 counts in Oxford County Superior Court. The jury was unable to reach a decision on the last charge against James V. Cole after nearly nine hours of deliberation and Justice Robert Clifford declared a mistrial on 11th charge.
The basis for the federal investigation in this case is a statute that says that if property owned by the U.S. government - or by any organization that receives federal funding - is damaged by "fire or explosive," federal authorities have the right to try the case in federal court. Department of Justice spokesman Luke Macaulay said the investigation is based on the federal arson statute, but the grand jury is "not restricted to the charge of attempted arson of a police vehicle" and is "entitled as a matter of law to all of the evidence in Wolf's possession related to the demonstration." In the 1992 case People v. Van Villas, a state appeals court found that the shield law applied to a freelance journalist who was not employed by media outlet during the newsgathering stage but who late...
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