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Voluntary intoxication does not support appellants claim that burglary conviction was against the manifest weight of the evidence because he did not knowingly enter a college-aged girls bedroom closet. Admission of police officers testimony is harmless where defendant testified in his own defense and admitted to the essential elements of the crime.
JURISDICTION - territorial jurisdiction of municipal court. CRIMINAL LAW - trial court in its judgment finding defendant guilty is not required to make findings of fact regarding elements of crime charged; sufficiency/weight of evidence; inconsistencies in witnesses' testimony. INEFFECTIVE ASSISTANCE OF COUNSEL - counsel who does not assert issues in trial court that have no merit is not ineffective.
Criminal Law Forgery - Urine Sample - Elements Of Crime
The age of the victim is a strict liability element of gross sexual imposition as set forth in R.C. 2907.05(A)(4), but the other elements of that crime require evidence of purposeful action, which existed in this case. A jury instruction specifically defining purpose was not asked for and the courts failure to give such an instruction was not plain error.
Contract killers, prostitutes, police officers, and migrant workers meet and mingle in contemporary Morocco, with elements of crime drama giving way to sweet-natured romantic fantasy, then reversing course. [...] yet, of all the contemporary arts, none rival cinema's social dimension, whether films are regarded as mirrors of the historical moments and societies in which they are embedded, or in the social experience of watching a film in the company of strangers in a theater.
C. 2911.02(A)1) AND (2)/ROBBERY; SUFFICIENCY; MANIFEST WEIGHT; DEFECTIVE INDICTMENT/MENS REA; INDICTMENT MUST INCLUDE ESSENTIAL ELEMENTS OF THE CRIME
...When Officer Lucas arrived at the crime scene, he saw many footprints leading from the vic... Court did not mention or analyze the elements of the offense of first-degree murder--the foregoi...
Trial court did not err in accepting appellants no contest plea and finding him guilty of a fifth-degree felony theft where his indictment set forth all the elements of the crime including that the value of the stolen goods was $500 or more and the State further reiterated facts on the record at the courts request during appellants plea hearing. Appellants assertion that the State needed to demonstrate $1,000 or more in stolen property to support a fifth-degree felony theft conviction was misplaced as the monetary triggers under the statute were increased subsequent to appellants offense.
The state Supreme Court has vacated the conviction of a Cabell County woman who says she shot and killed her sleeping husband after suffering a severe beating, ruling that evidence of abuse and threats against a victim's life may negate elements of the crime of murder. The court ordered the release of Tanya Harden, who was serving a life sentence, and returned the case to Cabell County Circuit Court for acquittal in the 4-1 opinion issued Thursday. Chief Justice Brent Benjamin dissented.
Having a lawyer isn't enough to create presumption The fact that a defendant is represented by counsel when entering a guilty plea is not enough to create a presumption that he or she knows the nature and elements of the crime, the Court of Special Appeals held.
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