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Assault and Battery Law
 
Christopher Hunt v. The State of Texas

Appellant Christopher Hunt and his co-defendant, David Hunt, were indicted and charged
with two counts of burglary of a habitation with intent to commit assault and burglary by committing or attempting to commit assault.1 A jury found Christopher guilty and assessed
punishment at ten years’ confinement in the Institutional Division of the Texas Department of
Criminal Justice, suspe... More...
   $0 (09-25-2016 - TX)

Jonathan Jose Guillen v. The State of Texas

In his first two issues, Guillen complains of an improper comment made by the prosecutor.
During the punishment phase of trial, Guillen presented evidence regarding his abusive childhood,
including the testimony of an expert witness regarding the effect of that abuse on Guillen. During
closing argument, defense counsel referred to this evidence. During the State’s closing argumen... More...
   $0 (09-25-2016 - TX)

United States of America v. Tiffany Smith

San Francisco, CA - San Francisco Residents Sentenced For Robbery And Assault With A Dangerous Weapon In The Presidio

Tiffany Smith was sentenced to 60 months in prison and ordered to pay $8,946 in restitution for robbery and assault with a dangerous weapon, announced United States Attorney Brian Stretch and United States Park Police Chief Robert MacLean. Smith’s co-defendant, Daron McCl... More...
   $0 (09-25-2016 - CA)

Joseph Lester Green v. The State of Texas

This case is before us on remand from the Court of Criminal Appeals. See Green v. State,
476 S.W.3d 440 (Tex. Crim. App. 2015). Green was indicted for and convicted of one count of
aggravated sexual assault of a child, and raised several issues on appeal. We reversed his
conviction based on jury charge error. Green v. State, 434 S.W.3d 734, 738 (Tex. App.—San
Antonio 2014, ... More...
   $0 (09-24-2016 - TX)

Michael Rosario, Jr. v. The State of Texas

A jury convicted Michael Rosario, Jr., of Assault on a Family/Household Member
with a Previous Conviction. See Tex. Penal Code § 22.01(a)(1), (b)(2)(A). The trial court assessed
punishment at nine years’ imprisonment.
Rosario’s appointed attorney has filed a motion to withdraw supported by a
brief concluding that the appeal is frivolous and without merit. The brief meets the re... More...
   $0 (09-24-2016 - TX)

Perry Lee Penning v. The State of Texas

The instant charge arose out of a roadway encounter between two drivers on Highway
183 in Austin. Jerold Hill, driving a white Buick LaSabre, was driving in the right lane (of three
lanes), which merged into the center lane. Unable to successfully merge because the center lane
drivers would not let him in, Hill was forced to drive on the shoulder of the roadway. However, the
sho... More...
   $0 (09-24-2016 - TX)

Kevin Duane Drisdale v. The State of Texas

Around 4:15 a.m. on August 11, 2013, police officers with the City of Killeen were
dispatched to investigate a 911 hang-up call at a two-story apartment building. When they arrived
at the apartments, they were “flagged” down by Brenda Layton who identified herself as the 911
caller and a co-tenant with appellant of a second-floor apartment. She pointed to appellant who was 2
stan... More...
   $0 (09-24-2016 - TX)

State of New York v. Mayer Herskovic

Brooklyn, NY - Williamsburg Man Convicted of Gang Assault

Was Part of Group that Punched and Kicked Victim on Brooklyn Street, Leaving him Blind in One Eye; Connected to Assault through DNA Evidence

TBrooklyn District Attorney Ken Thompson today announced that a 24-year-old man from Williamsburg, Brooklyn was convicted of gang assault and related charges for his role in the bruta... More...
   $0 (09-23-2016 - NY)

STATE OF KANSAS v. ROBERT LEE BURTON

Robert Lee Burton appeals the district court's order establishing lifetime postrelease supervision. We granted Burton's motion for summary disposition in lieu of briefs under Supreme Court Rule 7.041A (2015 Kan. Ct. R. Annot. 67). The State did not file a response.
Burton pleaded no contest to one count of aggravated sexual battery that he committed in 2007. The district court found that he... More...
   $0 (09-23-2016 - KS)

STATE OF KANSAS v. TRESS MORGAN

Tress Morgan pled guilty to one count of attempted rape and one count of attempted robbery. The district court originally sentenced him to 36 months' postrelease supervision but later resentenced him to lifetime postrelease supervision. Morgan appeals his resentencing. He argues the court lacked jurisdiction to modify his sentence, and the invited error doctrine precluded the court from altering h... More...   $0 (09-23-2016 - KS)

VICTOR ANZUA-TORRES v. STATE OF KANSAS

In 2006, a jury convicted Victor Anzua-Torres of second-degree reckless murder and several other offenses related to a fatal 2005 automobile collision in which Anzua-Torres was driving while intoxicated. His convictions and sentence were affirmed on direct appeal. He later filed a K.S.A. 60-1507 motion alleging, among other things, that his trial counsel was constitutionally ineffective for fail... More...   $0 (09-23-2016 - KS)

STATE OF KANSAS v. JOHN THOMAS GOOD

John Thomas Good appeals from the district court's decision denying his motion to correct an illegal sentence. Good maintains his sentence is illegal because the court extended his probation beyond the statutorily-allowed maximum probation period before it revoked his probation and ordered him to serve his prison sentence. We agree with Good.
On April 24, 2007, Good pled nolo contendere to... More...
   $0 (09-23-2016 - KS)

STATE OF KANSAS v. MARQUATESZ R. REDMON

All parties in this case agree that the charges in this case arose out of horrible facts. On the evening of June 6, 2013, 76-year-old W.S.B., a widow who lived alone in her Wichita home, endured a horrendous ordeal after waking up when a strange man
2
came into her bedroom and jumped on top of her while holding a knife. W.S.B. was not wearing her glasses, so she could not see the man. Sh... More...
   $0 (09-23-2016 - KS)

State of Nebraska v. Corey J. Raatz

On November 5, 2014, Sgt. James Vrbsky of the Madison
County Sheriff’s Department responded to a report of a vehicle
fire in Madison County, Nebraska. He observed what appeared
to be a semi-truck on fire. Shortly after Vrbsky arrived at the
scene of the fire, a vehicle stopped nearby, and Raatz exited
the passenger door. Raatz inquired of Vrbsky if he could proceed
on, to w... More...
   $0 (09-23-2016 - NE)

STATE OF OKLAHOMA v. KERRY REDON SMITH, A/K/A KERRYE KREDON SMITH, A/K/A KERRYE REDON SMITH

TULSA, OK - THE STATE OF OKLAHOMA charged KERRY REDON SMITH, A/K/A KERRYE KREDON SMITH, A/K/A KERRYE REDON SMITH with:

Count # 1. Count as Filed: ABDOM, DOMESTIC ASSAULT & BATTERY RESULTING IN GREAT BODILY HARM, in violation of 21 O.S. 644 F
Date of Offense: 06/28/2012

Party Name

Disposition Information

SMITH, KERRY REDON Disposed: DISMISSED, 08/08/2014. ... More...
   $0 (09-23-2016 - )

State of Louisiana v. Dennis M. Brown

New Orleans, LA - Inmate Acquitted On Assault and Battery of a Corrections Officer

The State of Louisiana charged Dennis Brown, age 46, with assault and battery on a Orleans Justice Center corrections officer Nicholas Lee in violation of RS 14 34.2 (B) (2). The encounter occurred in Brown's jail cell out of view of jailhouse surveillance cameras.

Brown's public defender lawyers... More...
   $0 (09-23-2016 - LA)

United States of America v. Johnny Sanchez

Albuquerque, NM - Prior Felon from Valencia County Sentenced to Prison for Violating Federal Firearms Laws

Johnny Sanchez, 39, of Los Lunas, N.M., was sentenced to 72 months in prison followed by three years of supervised release for being a felon in possession of a firearm.

Sanchez was arrested on Sept. 9, 2014, on a federal indictment charging him with being a felon in possess... More...
   $0 (09-22-2016 - MN)

Edward Thomas Hickey v. State of North Dakota

Edward Hickey appealed a district court order denying his application for post-conviction relief. In 2013, a jury found Hickey guilty of aggravated assault and terrorizing. In February 2015, Hickey applied for post-conviction relief, claiming ineffective assistance of counsel. Hickey claimed he received ineffective assistance of counsel because his trial counsel (1) failed to contact witnesses and... More...   $0 (09-22-2016 - ND)

STATE OF MONTANA v. BRITNEY PORSCHE HOOPER

On June 26, 2014, Hooper knocked on the door of Mrs. Blaz’s home under the
guise of selling Mrs. Blaz magazine subscriptions. When Mrs. Blaz declined to give
Hooper any money, Hooper forced herself into Mrs. Blaz’s house and knocked the
84-year-old woman to the ground. Once in the home, Hooper grabbed and twisted Mrs.
Blaz’s wrist and threw her to the ground. Mrs. Blaz hit he... More...
   $0 (09-22-2016 - MT)

STATE OF MONTANA v. KURTIS LEE KILLSONTOP

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Kurtis Killsonto... More...
   $0 (09-22-2016 - MT)

United States of America v. Max LaRue

Newark, NJ - Member Of Grape Street Crips Street Gang Sentenced To Five Years In Prison On Drug Trafficking Charges

A member of the New Jersey set of the Grape Street Crips gang was sentenced today to 60 months in prison for conspiring to distribute crack-cocaine, U.S. Attorney Paul J. Fishman announced.

Max LaRue, a/k/a “Max,” 27, previously pleaded guilty before U.S. District J... More...
   $0 (09-21-2016 - NJ)

TODD LEE HARNDEN v. THE STATE OF WYOMING

On August 14, 2014, Todd Lee Harnden started drinking vodka around seven o’clock in the morning. That afternoon, he went with hismother to the Laramie Walmartto purchase propane for grilling. After paying for the propane inside, Harnden then waited outside for an employee to open the propane cage to exchange the empty propane tank for a full one. Harnden became impatient and went back inside th... More...   $0 (09-21-2016 - WY)

STATE OF NEW JERSEY v. JABRIL A. MITCHELL

We discern the following history from the record. On April
26, 2008, defendant was approached by two Atlantic City police
officers. Defendant took out a gun, pointed it at one of the
officers, and pulled the trigger. The weapon misfired. He then
fled the scene. During the course of his flight from police,
defendant brandished his gun at another officer who was sitting... More...
   $0 (09-21-2016 - NJ)

Ahmad Gary Sheaffers vs State of Florida

Appellant was convicted of one count of shooting at, into or within a
building; one count of shooting or discharging a firearm from a vehicle; and two
counts of aggravated assault by threat with firearm. As to the aggravated assaults,
the jury found beyond a reasonable doubt that Appellant actually fired shots at both
victims. At the time Appellant was sentenced, prevailing c... More...
   $0 (09-20-2016 - FL)

ROBERT LEE DAVIS, JR. vs STATE OF FLORIDA

In 1991, Appellant entered a plea to attempted first degree murder with a firearm, attempted second degree murder with a firearm, and aggravated assault with a firearm. Appellant committed the offenses on February 4, 1991, when he was 16 years old. The trial court sentenced Appellant to consecutive terms of 40 years for the attempted first degree murder, 30 years for the attempted second degree ... More...   $0 (09-20-2016 - FL)

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