domestic battery

/Tag:domestic battery

CAN YOU REPEAT THAT IN COURT?

Defendant was charged by information with two counts of domestic battery.  For striking and choking his stepsister.  She was developmentally disabled. He opted for a jury trial.  The court allowed a case worker to testify about what the victim told him.    Defendant was convicted.    The defendant appealed.  He argued that the admission of the case [...]

CAN YOU TAKE BACK WHAT YOU SAID IN FRONT OF A JURY?

Defendant wife was charged with 2 counts of domestic battery against her husband.  The case proceeded to jury trial. Both sides gave closing arguments.  Defense counsel told the jury that husband had a “very powerful reason” to accuse his wife of battering him.  That reason was that they were in the middle of divorce proceedings.  [...]

YOUR WORD IS NOT THE ONLY ONE THE COURT CONSIDERS

  Husband was convicted of domestic battery based on insulting or provoking physical contact against his wife.  He appealed. He argued #1 that the State did not prove all elements of the crime beyond a reasonable doubt.   None of the State’s witnesses were present during the alleged incident.   And, defendant had testified to a different [...]

THE PAST CAN CATCH UP WITH YOU

  The man was convicted of aggravated domestic battery. He was also convicted of other offenses. Fifteen years prior to the incident, the man and the woman dated for 2 years.  At the time of the incident, they were just friends. Then, the two spent a night drinking together.   And having sex. The woman slept [...]