Charges were filed against a young woman’s ex-boyfriend for domestic violence after he grabbed her at a restaurant and repeatedly kicked her and hit her over the head with a drinking glass. The defendant was convicted in the lower court of domestic assault with a dangerous weapon. On appeal, the defendant argued that there was insufficient evidence that the couple was in a domestic relationship, which was a prerequisite finding for his conviction.
The court held that lawyer’s representation of domestic violence victim/ criminal defendant constituted ineffective assistance of counsel where lawyer failed to inform himself of statutes regarding heat-of-passion manslaughter defense to first-degree murder charge and failed to consider the defense of not-guilty due to mental disease or defect, or make meaningful investigation into facts that would support the defense. The defendant was married to her husband for twenty-three years; during that time her husband severely abused her and her children. Defendant shot and killed her
Defendant was convicted of two counts of second-degree sexual assault for assaulting his 14-year old niece by marriage. The Wisconsin Supreme Court held that the trial court correctly refused to allow a psychologist for the defense to testify that the defendant did not fit the psychological profile of incestuous sex offenders. It held that testimony regarding defendant’s sex acts against minors was admissible. It also held that testimony by an adult woman of defendant’s 13, although an error, was harmless error. The court agreed that the testimony of the two individu
Defendant was convicted of misdemeanor trespassing after he stayed for several hours in a women’s restroom at a gas station. Numerous store employees entered during the two hours he was in the restroom and told him that there was no smoking, as he smelled like smoke. During these encounters, the store personnel were under the impression the defendant was female as he disguised his voice to mimic a woman’s. When the defendant did not leave, the police arrived and escorted the defendant out of the restroom.
In State v. Goff, 128 Ohio St.3d 169 (2010), the defendant shot and killed her estranged husband and intended to assert battered woman syndrome as part of her defense. The trial court ordered her to undergo a psychological examination by a state expert. The Supreme Court of Ohio held that such an order does not violate a defendant’s right against self-incrimination when the defendant raises battered woman syndrome, provided that the evaluation is strictly confined to that issue and to whether the syndrome affected the defendant’s actions.
On July 15, 1994, a domestic violence protective order involving Gonzales and Wife was entered. The order contained a “stay away” provision, one that prohibited Gonzales from visiting Wife’s workplace. Five days later, on July 15, 1994, Gonzales was arrested for being at Wife’s workplace. The trial court found that Gonzales had violated the protective order in contempt and sentenced him to jail. Five days later, on July 25, 1994, Gonzales was again charged, this time for criminal false imprisonment, battery, stalking, and harassment.
Defendant shot and killed husband after a night of “domestic terror.” Defendant claimed she acted in self-defense; however, the state argued that she unreasonably used deadly force and that she could have retreated from the danger. The court held that the defendant was entitled to a self-defense jury instruction and that the evidence supported her claim of self-defense. To claim self defense, the court explained, the defendant’s belief that she was at “imminent risk of bodily injury or death” must be “subjectively reasonable,” i.e., the defendant believed that his or her a
In State v. Higginbotham, 257 N.J.
In the case State v. Jackson, 371 N.W.2d 341 (S.D. 1985), the defendant and his wife operated a club and escort service, and they were accused of inducing employees to engage in prostitution. Two women testified that the defendant personally hired them, arranged for them to provide nude dancing for and to have sexual intercourse with male clients in motel rooms, and then transported them to these encounters. Based on their testimony, the defendant was convicted on two counts of inducing another to become or remain a prostitute.
A court issued a warrant for the arrest of the defendant after he assaulted and injured Dorian Jones. The magistrate judge did not authorize his release after he was arrested; he was held for a hearing before the District Court Judge. The Judge set a secured bond of $10,000; a few days later, the State and defense counsel agreed to a lowered bond on the condition that the defendant would have no contact with the victim. The District Court Judge signed the order, and he was released after posting bond. About a week later, when his case was called, he moved to dismiss.
