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Evidence

Court of Appeals of Utah
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State v. Collard — Convictions Reversed After Counsel Failed to Redact Domestic-Violence Finding from Protective Order Exhibit

The Utah Court of Appeals affirmed denial of a motion to arrest judgment on protective-order-violation convictions — holding that the State sufficiently proved the permanent order’s terms through testimony and a docket entry — but reversed all three convictions on ineffective-assistance grounds because defense counsel failed to seek redaction of a domestic-violence finding in the temporary protective order admitted as a trial exhibit, a finding the court had already ruled irrelevant and whose admission undermined confidence in the verdict.

Ohio Court of Appeals (Eighth District)
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State v. Mercado — Eighth District reverses dismissal for preindictment delay in 2002 rape case, finding no actual prejudice

The Eighth District reversed the trial court’s dismissal of a rape and kidnapping indictment for preindictment delay, holding that the defendant failed to establish actual prejudice from the 16-year gap between the offense and indictment despite the deaths of two potential witnesses.

Court of Appeals of Oregon
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State v. Escalante — Domestic Violence Convictions Reversed Because Trial Court Failed to Re-Read Constitutional Jury Instructions After Close of Evidence

The Oregon Court of Appeals reversed convictions for domestic violence strangulation and harassment because the trial court failed to reread constitutional jury instructions—including the presumption of innocence and proof beyond a reasonable doubt—as part of its oral charge to the jury at the close of evidence, applying State v. Shine, 375 Or 112 (2026), and holding the error was plain, not harmless, and warranted discretionary correction even without a trial-level objection.

New Mexico Court of Appeals
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State v. Kahla — Firearm Enhancement on Shooting-at-Vehicle Conviction Does Not Violate Double Jeopardy

The New Mexico Court of Appeals affirmed convictions for battery, shooting at or from a motor vehicle with a firearm enhancement, and conspiracy to commit tampering with evidence — formalizing as published precedent that the firearm enhancement under NMSA 1978, § 31-18-16 does not violate double jeopardy when applied to a shooting-at-vehicle conviction, and holding for the first time in a published opinion that identifying bullet-impact marks in photographs constitutes lay, not expert, testimony.

Court of Appeals of Mississippi
Uncategorized

Harris v. State — First-Degree Murder Affirmed; Combined Self-Defense/Accident Jury Instruction Not Plain Error After Defendant’s Acquiescence

The Mississippi Court of Appeals affirmed first-degree murder and aggravated assault convictions for a drive-by shooting, holding that a combined self-defense and accident-and-misfortune jury instruction was not plain error where the defendant argued self-defense at trial, explicitly agreed to the instruction three times, and the instruction expanded—rather than restricted—the jury’s basis for acquittal.

Court of Appeals of Mississippi
Uncategorized

Grant v. State — Felon-in-Possession and Stolen Firearm Convictions Affirmed; Gang Evidence and Cellphone-Location Expert Upheld

The Mississippi Court of Appeals affirmed convictions for felon-in-possession and possession of a stolen firearm, holding that constructive possession was proven by the owner-occupant presumption and the defendant’s own statements, that shared gang membership is admissible under MRE 616 to show a defense witness’s bias, and that a cellphone-location officer with ten years’ experience and 1,000+ extractions was properly qualified as an expert under MRE 702.

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