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Assault and Battery Law
 
State of Missouri vs. Adriano Raphael Clark, Sr.

On February 6, 2013, Officer Jeffrey Ford responded to a 911 hang-up call from a
residence in Marshfield. The call had been reported as an assault in progress. Upon his
arrival at the residence, Officer Ford made contact with A.D., who appeared to have been
assaulted. When Officer Ford asked her if anyone else was present in the residence, A.D.
motioned with her head toward ... More...
   $0 (06-28-2016 - MO)

Brittney Stiles v. The State of Texas

Appellant entered into an agreement with the State in which she pleaded guilty to the third degree felony offense of assault on a public servant in exchange for a recommendation that she be placed on deferred adjudication community supervision for two years. The trial court signed a deferred adjudication order in accordance with her plea agreement.
The State first moved to adjudicate appel... More...
   $0 (06-28-2016 - TX)

James Ellis Barnett Junior v. The State of Texas

Appellant, James Ellis Barnett, Jr., entered a plea of guilty to two charges of aggravated kidnapping and one charge of burglary of a habitation with intent to commit aggravated sexual assault. Appellant and the State agreed that appellant’s punishment on each charge would not exceed confinement in prison for more than 45 years. In accordance with the terms of this agreement with the State, on Ma... More...   $0 (06-28-2016 - TX)

Trey Foster v. The State of Texas

Appellant entered guilty pleas to two counts of aggravated assault as a result of a shooting at Lone Star College. According to the PSI, three of the shooting victims were transported to the hospital. One of the victims identified Carlton Berry as being the suspect who shot him. Berry, who was wounded during the shooting, identified appellant as his accomplice. Berry told authorities that appellan... More...   $0 (06-27-2016 - TX)

David Shelly a/k/a David Wayne Shelly v. The State Of Texas

Appellant, David Shelly a/k/a David Wayne Shelly, attempts to appeal convictions
for aggravated robbery, possession of a controlled substance, fraudulent use or
possession of identifying information, assault, and forgery. The trial court has certified
in these cases that this “is a plea-bargain case, and the defendant has NO right of appeal.”
See TEX. R. APP. P. 25.2(a)(2). ... More...
   $0 (06-27-2016 - TX)

Victor Sanchez v. The State of Texas

Complainant, who was five years old at the time of the alleged assault, testified
that Sanchez, an employee of Dollar General, took her into the store’s restroom on the
pretense of checking to see if she had stolen something. She testified that Sanchez
touched her genitals on the skin with his hand, his palm, and his mouth. Complainant
further testified that, when Sanchez tou... More...
   $0 (06-27-2016 - TX)

Jerry Lee Watson v. The State of Texas

Appellant Jerry Lee Watson was charged by indictment with five counts of
indecency with a child by contact and one count (count six) of online solicitation of a
minor. A jury found Watson guilty on four of the indecency counts (the State had
abandoned one count) and on the online solicitation count. The jury made a “true”
finding on the indictment’s enhancement paragraph and ... More...
   $0 (06-27-2016 - )

Juan Garcia v. The State of Texas

In September 2002, appellant pleaded guilty to charges of sexual assault and
was placed on ten years’ deferred adjudication community supervision. The terms and
conditions of that community supervision included, inter alia, the following condition:
Report to the Supervision Officer at the Coryell County Community Supervision and Correction[s] Department as directed by the Court and... More...
   $0 (06-27-2016 - TX)

Jeffrey Lawrence MacDonald v. The State of Texas

In a single trial court case, Jeffrey Lawrence MacDonald, pled guilty in open pleas to two
counts of aggravated sexual assault of a child,1 one count of sexual assault of a child,2 and one
count of indecency with a child by sexual contact.3 MacDonald was found guilty and, after a
nonjury punishment trial, was sentenced to life imprisonment on each of the first two counts and
t... More...
   $0 (06-27-2016 - TX)

Kenny Wayne Davlin v. The State of Texas

The historical background giving rise to the charges against Davlin begins with a house
fire on Peach Street in Kilgore, Rusk County, in the early morning hours. As firemen battled the
blaze, Davlin and his wife (who lived in a house which was catty-cornered from the conflagration)
came outside to view the spectacle of the burning house and the procedures taken by the firefighters ... More...
   $0 (06-27-2016 - TX)

John Turner Gray v. The State of Texas

The State introduced a portion of an audio/video recording depicting Gray’s arrest. During
the recording, Gray is repeatedly heard commanding, in a “rude and condescending” tone, his
female companion to bail him out of jail. At trial, Gray objected that this portion of the recording
violated Rule 404(b) of the Texas Rules of Evidence. See TEX. R. EVID. 404(b). The objection
... More...
   $0 (06-27-2016 - TX)

John Turner Gray v. The State of Texas

In evaluating legal sufficiency of the evidence, we must review all the evidence in the light
most favorable to the jury’s verdict to determine whether any rational jury could have found,
beyond a reasonable doubt, that Popplewell suffered serious bodily injury. See Brooks v. State,
323 S.W.3d 893, 912 (Tex. Crim. App. 2010) (citing Jackson v. Virginia, 443 U.S. 307, 319
(1979... More...
   $0 (06-27-2016 - TX)

Leon Hill v. The State of Texas

Leon Hill, convicted of aggravated sexual assault of a child,1 the four- or five-year-old
Aloree,2 and sentenced to life in prison, attacks on appeal the sufficiency of the evidence, the
admission of evidence of a prior conviction, and the admission of a claimed repressed memory.
We affirm the judgment, because (1) sufficient evidence supports Hill’s conviction, (2) the trial
... More...
   $0 (06-27-2016 - TX)

Victor Rodriguez v. The State of Texas

Complainant G.D. was born in December 1997 and seventeen years old at the time of
trial. She testified that appellant, her uncle, performed multiple acts of sexual abuse against her
beginning when she was six years old until she was thirteen. The acts included appellant
touching her “private area” with his hand, appellant touching her “private area” with his “private
... More...
   $0 (06-26-2016 - TX)

Christian Lane-Clement Cook v. The State of Texas

Appellant, Colby Long, and their friends met at a car wash where an altercation ensued.
Surveillance video shows an agitated Long walking toward appellant’s vehicle. Before reaching
appellant, one of appellant’s friends approached Long from behind and struck him on the side of
the face. The blow incapacitated Long and he fell to the ground. Appellant proceeded to kick or
st... More...
   $0 (06-26-2016 - TX)

Charles Dewayne Hooks v. The State of Texas

Charles Dewayne Hooks appeals his murder conviction.1 Appellant entered a guilty plea
but elected that a jury assess his punishment. A jury sentenced appellant to confinement for life
and a $10,000 fine. In two points of error, appellant argues the trial court abused its discretion in
admitting into evidence photographs of his tattoos and the judgment should be modified to
r... More...
   $0 (06-26-2016 - TX)

Leonard Darnell Williams v. The State of Texas

Appellant was indicted for aggravated sexual assault of K.P., a disabled individual. He
challenges the sufficiency of the evidence in only one respect: he contends “[t]here was not
sufficient evidence that appellant knew the victim could not consent because her mental
infirmities made her unable to appraise the nature of the situation or of resisting.” We therefore
limit our... More...
   $0 (06-26-2016 - )

Roy Lee Tanner v. The State of Texas

Appellant is the father of two girls, A.T. and E.T. On June 28, 2014, Child Protective
Services (“CPS”) was contacted because A.T. and E.T. were found sleeping in a car in a motel
parking lot. A.T. was five years old and E.T. was three years old. CPS removed the girls from
appellant’s custody and placed them in foster care. The girls’ mother was living in another state
at t... More...
   $0 (06-26-2016 - TX)

Benjamin Lee Chronister v. The State of Texas

Benjamin Lee Chronister appeals his family violence assault conviction. Following the
denial of appellant’s pretrial motion to suppress, appellant pled guilty, and the trial court deferred
adjudication of his guilt and placed him on 15 months’ community supervision. In three points
of error, appellant argues the trial court erred in determining that a 911 call was admissible as an... More...
   $0 (06-26-2016 - TX)

Jose Inez Martinez v. The State of Texas

Appellant Jose Inez Martinez appeals his jury conviction for aggravated sexual assault of
a child under fourteen years of age. After finding appellant guilty, the jury assessed punishment
at forty-five years’ confinement. In a single issue, appellant asserts the trial court erred in
overruling his objection to speculative testimony. For the following reasons, we affirm.
The ... More...
   $0 (06-26-2016 - TX)

David Paul Whitney v. The State of Texas

Appellant David Paul Whitney appeals a judgment adjudicating his guilt for aggravated
assault with a deadly weapon. In six issues, appellant generally contends the trial court erred in:
(1) revoking his community supervision without considering mitigating evidence, (2) finding
four of the nine probation violations true, (3) admitting a videotape into evidence without a
proper ... More...
   $0 (06-26-2016 - TX)

Tennell Atkins v. The State of Texas

Tennell Atkins appeals the county criminal court’s order dismissing his appeal of a
municipal court judgment. We dismiss the current appeal for want of jurisdiction.
On June 18, 2015, a municipal court convicted appellant of misdemeanor assault and
fined him $100. Appellant appealed his conviction to the county criminal court. On November
18, 2015, the county criminal court ... More...
   $0 (06-26-2016 - TX)

State of Missouri vs. Orlando Naylor

Naylor was arrested and charged as a prior and persistent offender with one count of first
degree burglary (Count I), one count of stealing (Count II), and one count of driving with a
revoked license (Count III). Count I charged that Naylor committed first-degree burglary “in
that on or about May 16, 2014, in the County of Ste. Genevieve, State of Missouri, the defendant
knowin... More...
   $0 (06-25-2016 - MO)

CLINT BEAVERS V. STATE OF ARKANSAS

Clint Beavers filed in the circuit court a timely petition seeking postconviction relief
under Rule 37.1 of the Arkansas Rules of Criminal Procedure. The circuit court denied the
petition, and Beavers appeals. On appeal, Beavers contends that his trial counsel made
erroneous statements to him regarding his parole eligibility under a plea offer, which caused
him to reject the plea o... More...
   $0 (06-25-2016 - Ar)

STATE OF LOUISIANA Vs. TOMMY L. SCOTT

In the early morning hours of June 11, 1992, M.H.1 awoke to a man
smothering her with a pillow and holding a knife to her throat. Her attacker,
threatening to kill her and her fifteen-year-old son if she did not comply, demanded
and took money from her wallet, raped her, and then placed her in a closet with
orders not to move until he left the house. After he left, M.H. ran i... More...
   $0 (06-25-2016 - LA)

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