Justia Criminal Law Opinion Summaries

In this case, the appellant, Keith L. Allen, shot and killed Brett Allen Torres in May 2020. Allen was subsequently prosecuted and convicted of first-degree murder and use of a firearm to commit a felony. Separately, Victoria A. Czech, as the personal representative of Torres' estate, sued Allen for wrongful death and conscious suffering. Czech also sought and obtained an order of prejudgment attachment on Allen’s assets, fearing he might conceal or remove them.The district court for Lincoln County, Nebraska, overruled Allen’s pretrial motions, including a motion for change of venue and a motion in limine to exclude evidence of his convictions. The court also granted Czech’s motion for partial summary judgment on the issue of liability, finding no material issue of fact regarding Allen’s responsibility for Torres’ death. Allen’s subsequent objection and motion to vacate the order of prejudgment attachment were also overruled.Allen appealed these decisions during the trial (case No. S-23-1037) and after a jury awarded Czech $130,000 in damages (case No. S-24-047). The Nebraska Supreme Court dismissed the first appeal for lack of jurisdiction, as the orders challenged were not final. In the second appeal, the court affirmed the district court’s decisions, finding no abuse of discretion or error in the rulings.The Nebraska Supreme Court held that the district court did not abuse its discretion in denying Allen’s motion for change of venue, as Allen failed to provide evidence of pervasive pretrial publicity. The court also found that Allen did not preserve his claim regarding the motion in limine because he did not object to the evidence at the summary judgment hearing. The court affirmed the partial summary judgment, noting the record was insufficient to review the decision. The court also found Allen’s claims regarding the prejudgment attachment moot due to the final judgment. Finally, the court held that the district court retained jurisdiction despite Allen’s appeal, as the appeal was not from a final order. View "Czech v. Allen" on Justia Law

The defendant was convicted by a jury of aggravated rape of a child and indecent assault and battery on a child under fourteen years old. The charges stemmed from the defendant's rape and sexual assault of his twelve-year-old granddaughter. The victim testified that the defendant assaulted her in his bedroom while her mother was out of the house. The victim reported the assault to a Department of Children and Families (DCF) social worker, which led to police involvement and the collection of DNA evidence from the bedding.The Superior Court admitted the DNA evidence, which confirmed the presence of the defendant's DNA but excluded the victim's DNA. The defense argued that the DNA evidence contradicted the victim's testimony and suggested that the victim fabricated the assault after seeing the defendant with his girlfriend. The jury convicted the defendant on all counts, and the defendant appealed.The Supreme Judicial Court of Massachusetts reviewed the case. The defendant argued that his confrontation rights were violated because a reviewing analyst testified about the findings of a nontestifying analyst concerning DNA testing. The court agreed that the testimony was admitted in error but concluded that the error did not result in a substantial risk of a miscarriage of justice. The court also addressed the defendant's argument that the judge abused his discretion in admitting evidence of a prior sexual assault by the defendant on the victim. The court found that the judge acted within his discretion in admitting the prior bad act evidence.The Supreme Judicial Court affirmed the judgments, holding that the admission of the DNA evidence and the prior bad act evidence did not warrant a new trial. The court concluded that the errors did not significantly impact the trial's outcome, given the overall strength of the victim's testimony and the limited nature of the prior bad act evidence. View "Commonwealth v. Nascimento-Depina" on Justia Law

In 2022, the Midland Police Department responded to a domestic disturbance involving Billy Joe Russell and his girlfriend. Upon arrival, the police ordered Russell to exit the vehicle, and he informed them of a handgun in the car, which he later admitted to possessing. Russell, a felon, pleaded guilty to being in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). His presentence investigation report (PSR) calculated his base offense level to be 26 due to his prior convictions for two violent felonies and possession of a firearm capable of accepting a large-capacity magazine. The district court applied a three-point reduction for accepting responsibility, resulting in a net offense level of 23, and sentenced him to 115 months of imprisonment followed by three years of supervised release. Russell did not object to the PSR or his sentence.Russell appealed to the United States Court of Appeals for the Fifth Circuit, challenging the district court's categorization of his 2017 Tennessee aggravated-assault conviction as a crime of violence (COV). He argued that the district court plainly erred in this categorization. The Fifth Circuit reviewed the case for plain error, as Russell had not objected to the categorization at the district court level.The Fifth Circuit defined a guidelines COV and applied the categorical approach to determine if Russell's 2017 conviction qualified as a COV. The court found that Russell failed to show a clear or obvious error in the district court's categorization of his 2017 conviction as a COV. Russell did not provide any case law to support his interpretation that Tennessee's aggravated-assault statute criminalizes conduct causing solely mental harm. Consequently, the Fifth Circuit affirmed the district court's judgment, upholding Russell's sentence. View "United States v. Russell" on Justia Law

In 1995, Glen Edward Rogers murdered Tina Marie Cribbs in Hillsborough County, Florida. Rogers was convicted of first-degree murder, armed robbery, and grand theft of a motor vehicle. He was sentenced to death, and his conviction and sentence were affirmed on direct appeal. Rogers has since filed multiple postconviction motions, all of which have been denied.Rogers' fourth successive postconviction motion raised three claims: (1) he was unconstitutionally deprived of the right to challenge his conviction and sentence due to a conflict of interest with his counsel, (2) newly discovered evidence of his childhood sexual abuse and trafficking would result in a life sentence on remand, and (3) Florida’s lethal injection procedures are cruel and unusual due to his porphyria diagnosis. The postconviction court summarily denied these claims as untimely, procedurally barred, and/or meritless.The Supreme Court of Florida reviewed the case and affirmed the postconviction court's denial. The court found that Rogers' conflict-of-counsel claim was procedurally barred and without merit, as there was no actual conflict of interest. The newly discovered evidence claim was also found to be procedurally barred and meritless, as the evidence could have been discovered with due diligence. Lastly, the court held that Rogers' method-of-execution claim was untimely and meritless, as he failed to demonstrate that Florida’s lethal injection protocol would cause him substantial and imminent risk of serious illness and needless suffering, and he did not identify a viable alternative method of execution.The Supreme Court of Florida denied Rogers' motion for a stay of execution and his request for oral argument, affirming the summary denial of his fourth successive postconviction motion. View "Rogers v. State" on Justia Law

Jesse Taylor, Jr. was charged with murder and aggravated assault after his case was transferred from juvenile court to district court in October 2022. In August 2023, a seven-day jury trial was held, and Taylor was found guilty of both charges. He was sentenced to life in prison with the possibility of parole for the murder charge and a concurrent five-year sentence for the aggravated assault charge.Taylor appealed the judgment, raising three issues: the jury's verdict was not unanimous, the district court abused its discretion by denying the defense the ability to properly cross-examine a State's witness, and the court imposed an illegal sentence. The North Dakota Supreme Court reviewed the case. The court found that the jury's verdict was unanimous, as confirmed by the district court on multiple occasions, including a hearing held after the case was remanded. The court also determined that Taylor failed to preserve the issues regarding the evidentiary rulings for appeal, as he did not make an offer of proof or inform the district court of the desired actions or objections.Regarding the sentence, the court noted that Taylor was sentenced to life in prison with the possibility of parole, requiring a determination of his life expectancy. The district court used the age of 15 to determine Taylor's life expectancy, as there was no exact calculated life expectancy for the age of 18 in the mortality table. The North Dakota Supreme Court concluded that the district court acted within the limits of the statute and did not rely on any impermissible factors in determining the sentence.The North Dakota Supreme Court affirmed the judgment, upholding Taylor's conviction and sentence. View "State v. Taylor" on Justia Law

In September 2020, Jesse Fairley was observed by law enforcement conducting hand-to-hand drug transactions in a convenience store parking lot. When officers approached and searched the vehicle Fairley had been using, they found crack cocaine, marijuana, cash, and two loaded firearms. Fairley was charged and convicted of possessing with intent to distribute crack cocaine, being a felon in possession of firearms, and possessing a firearm in furtherance of a drug trafficking crime. He received a thirty-year sentence and appealed his conviction.The United States District Court for the Northern District of Ohio denied Fairley's motions for acquittal, finding sufficient evidence for the jury to convict him. Fairley raised five issues on appeal, including the sufficiency of the evidence, the jury instructions on third-party guilt, the cumulative effect of evidentiary rulings, alleged improper communications with a defense witness, and improper closing remarks by the prosecution.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the lower court's decision. The court found that there was substantial evidence to support Fairley's convictions, including his proximity to the drugs and firearms, his observed drug transactions, and his evasive behavior. The court also determined that the jury instructions were not misleading, the evidentiary rulings were within the court's discretion, and there was no substantial interference with the witness's decision to testify. Additionally, the court found that the prosecution's closing remarks did not constitute plain error or prosecutorial misconduct. View "United States v. Fairley" on Justia Law

On May 14, 2022, the Lake Charles Police Department responded to a call about gunshots on N. Lyons Street. Officers approached Kirk August's home and found him in his backyard. A neighbor informed the officers that she had seen August firing a handgun. The officers conducted a protective sweep of the backyard, finding shell casings and a sign with bullet holes. They then conducted a protective sweep of the home, using keys retrieved from a car in the driveway, where they also found methamphetamine and ammunition. A search warrant was later obtained, leading to the discovery of firearms and more ammunition in the home.August was charged with possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1). The district court denied his motion to suppress the evidence obtained from the searches. A magistrate judge recommended denying the motion, and the district court adopted this recommendation. August pled guilty but reserved the right to appeal the denial of his motion to suppress. He was sentenced to 63 months in prison and three years of supervised release.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the protective sweeps of the backyard and home were justified by exigent circumstances, as the officers had reasonable suspicion of danger. The court also held that the independent source doctrine applied, as the search warrant was supported by probable cause independent of any potentially tainted evidence. The court affirmed the district court's decision, allowing the evidence obtained from the searches to be used against August. View "USA v. August" on Justia Law

Erika Marie Plancarte pleaded guilty to conspiracy to transport an alien into the United States. The plea agreement required the government to recommend a 90-day imprisonment sentence. At the San Ysidro Port of Entry, Plancarte illegally transported a woman and her three children into the U.S., using false documents. She was arrested after admitting to the smuggling.The U.S. District Court for the Southern District of California received a presentence report (PSR) that contained ambiguities about the relationship between the woman and the children. Plancarte requested a non-custodial sentence, while the government adhered to the plea agreement, recommending 90 days of custody. The government also clarified the PSR's ambiguities and highlighted Plancarte's criminal history and recidivism, arguing that previous sentences had not deterred her behavior. Plancarte argued that the government breached the plea agreement by including additional commentary and referencing her criminal history.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the government did not implicitly breach the plea agreement. The government’s references to Plancarte’s criminal history and its clarification of the PSR were permissible and did not undermine the plea agreement. The court found that the government’s comments were made in good faith and were consistent with advocating for the agreed-upon sentence. The court also noted that the government was not required to present mitigating evidence. Consequently, the appellate waiver in the plea agreement was enforced, and the appeal was dismissed. View "USA V. PLANCARTE" on Justia Law

Brandon Urias was charged with a misdemeanor for allegedly violating NRS 484E.040 after crashing into a parked car in a Walmart parking lot and failing to leave a note with his contact information. The justice court found Urias guilty and imposed a fine. Urias appealed to the district court, arguing that NRS 484E.040 is not enforceable on private property and that the court lacked subject matter jurisdiction to convict him. The district court denied his appeal, concluding that the statute's language did not limit its enforceability to specific locations.Urias then filed a petition for a writ of certiorari with the Supreme Court of Nevada. The Supreme Court reviewed the case to determine whether NRS 484E.040 applies to private property. The court examined the statutory language and legislative history, concluding that NRS 484E.040 does not apply to private property, such as parking lots, but is limited to highways to which the public has access or highways to which persons have access as invitees or licensees.The Supreme Court of Nevada held that NRS 484E.040 was not enforceable against Urias for the incident in the Walmart parking lot. Consequently, the court granted Urias's petition and directed the district court to vacate its order denying Urias's appeal and to proceed in a manner consistent with the Supreme Court's opinion. View "URIAS VS. DIST. CT." on Justia Law

Bryant Ross Montoya was convicted of felony property destruction after he intentionally rammed his truck into another vehicle driven by Samuel Kremer. The incident stemmed from a prior altercation between the two men, who were former friends. On the day of the incident, their accounts differed, with Montoya claiming self-defense after Kremer allegedly hit his truck first, while Kremer and an independent witness, Vincent Sandberg, reported that Montoya was the aggressor.The District Court of Laramie County instructed the jury on self-defense, using instructions that addressed the use of deadly force. Montoya did not object to these instructions during the trial. The jury found Montoya guilty, and he was sentenced to a prison term of two to four years, suspended in favor of three years of probation. Montoya appealed, arguing that the district court erred by instructing the jury on self-defense using deadly force rather than non-deadly force.The Wyoming Supreme Court reviewed the case and found that although the record contained the allegedly erroneous instructions, Montoya did not demonstrate material prejudice. The court noted that the State's argument focused on Montoya being the aggressor, supported by testimony from Kremer and Sandberg. The court concluded that there was no reasonable probability that the jury verdict would have been different without the alleged error in the instructions. Consequently, the court affirmed Montoya's conviction. View "Montoya v. The State of Wyoming" on Justia Law