Evidence Cases
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Coverage since May 26, 2026

Evidence

UtahCriminalCriminal ProcedureEvidence
Court of Appeals of Utah
Uncategorized

State v. Kent — Utah Court of Appeals Affirms Enticement Conviction Despite Undercover Officer’s Adult Photos and Voice

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The Utah Court of Appeals affirmed a child enticement conviction, holding that the sufficiency-of-evidence inquiry is subjective—asking whether this defendant believed the persona was a minor—and that entrapment as a matter of law requires more than a realistic undercover persona; here, the defendant’s own texts and statements showed actual knowledge of the victim’s age and independent criminal initiative.

New YorkConstitutionalCriminal ProcedureEvidence
Appellate Division, Second Department
Uncategorized

People v. Bryant — Court Reverses Conviction Where Police Lacked Reasonable Suspicion to Pursue Pedestrian

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The Appellate Division, Second Department reverses a weapon possession conviction after finding that officers lacked reasonable suspicion to pursue a man who walked between two residential driveways, rendering the subsequent discovery of a discarded firearm the product of an unlawful seizure.

IndianaConstitutionalCriminal LawCriminal Procedure
Indiana Supreme Court
Uncategorized

Ramos-Osario v. State — State Need Not Re-Prove Constitutional Compliance at Trial After Winning Suppression Hearing

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The Indiana Supreme Court held that when the State proves the constitutionality of a search or seizure at a pretrial suppression hearing, it is not required to re-establish constitutional compliance at trial; courts assessing the stop’s validity may consider evidence from both the suppression hearing and the trial, and the exclusionary rule’s aims are fully served by requiring proof once.

North CarolinaAppellate ProcedureCriminalEvidence
North Carolina Court of Appeals
Uncategorized

State v. Moore — Cross-Examination with Prior Flee-from-Police Incident Upheld Under Rules 404(b) and 403 as Proper Impeachment

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The North Carolina Court of Appeals affirmed a DWI/fleeing-to-elude conviction, holding that the trial court did not err under Rule 404(b) when it allowed the State to cross-examine the defendant about a prior urban police encounter that contradicted his trial testimony that he “would have pulled over” if approached in the city, and that the Rule 403 determination did not rise to an abuse of discretion despite the evidence’s limited probative value and high prejudice potential.

North CarolinaCriminalCriminal ProcedureEvidence
North Carolina Court of Appeals
Uncategorized

State v. Havens — Hidden Bathroom Cameras Convictions Upheld; 1978 Privacy-Intent Element Does Not Limit Current Secret Peeping Statute

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The North Carolina Court of Appeals affirmed convictions for secret peeping, second-degree sexual exploitation of a minor, and third-degree sexual exploitation of a minor arising from hidden charging-block cameras installed in bathrooms, holding that the 1978 “intent to invade privacy” gloss from In re Banks does not apply to the elements of the current N.C.G.S. § 14-202(f) felony secret-peeping statute.

TexasCriminalCriminal ProcedureEvidence
Texas Court of Appeals, Seventh District (Amarillo)
Uncategorized

Nichols v. State — Threats Relayed Through Crisis Negotiators Satisfy Aggravated Assault on Public Servant; Felony Deadly Conduct Is Not a Lesser-Included Offense When Indictment Charges Exhibiting, Not Discharging, a Weapon

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The Seventh Court of Appeals affirmed a fifteen-year conviction for aggravated assault on a public servant, holding that threats relayed through crisis negotiators to officers on scene satisfy the statute, and that felony deadly conduct is not a lesser-included offense of aggravated assault by threat where the indictment charges only exhibiting — not discharging — a weapon. The court modified the judgment to delete an attorney’s fees provision entered without the required finding of financial resources.

TexasCriminalEvidencePost-Conviction Relief
Texas Court of Appeals, Eighth District (El Paso)
Uncategorized

Johnson v. State — Post-Conviction DNA Retesting Denied Where Law-of-Parties Conviction Leaves Third-Party DNA Non-Exculpatory

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The Eighth Court of Appeals affirmed denial of a second post-conviction DNA testing motion in a capital murder case, holding that Chapter 64 does not permit comparison of a DNA specimen to a specific named individual, and that third-party DNA on the murder weapon is not exculpatory where the defendant was convicted under a law-of-parties theory and substantial evidence of guilt exists independent of the DNA.

South CarolinaCriminalEvidenceSelf-Defense
Court of Appeals of South Carolina
Uncategorized

State v. Barry W. Jones — Armed Return After “Kill” Text Defeats Stand Your Ground Immunity; Suicide Attempt Evidence Properly Admitted

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The South Carolina Court of Appeals affirmed a murder conviction, holding that the defendant’s decision to return to the confrontation site while armed — minutes after texting “I’m gonna kill that BBoy” — defeated Stand Your Ground immunity under the Protection of Persons and Property Act; suicide attempt evidence was properly admitted under the Cartwright framework; and the self-defense jury charge adequately covered the law.

MassachusettsAdministrative LawCriminalEvidence
Massachusetts Appeals Court
Uncategorized

Doe v. SORB — Appeals Court Holds Hearsay Challenge Moot After Subsequent Convictions, Affirms Level 3 Reclassification

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The Massachusetts Appeals Court held that a sex offender’s subsequent criminal convictions rendered moot his challenge to the reliability of hearsay evidence used in his SORB reclassification from level 2 to level 3, affirming the board’s decision in a case of first impression for published classification appeals.

UtahCriminalEvidenceIneffective Assistance of Counsel
Court of Appeals of Utah
Uncategorized

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

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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.

OhioCivil ProcedureCriminal LawEvidence
Ohio Court of Appeals (Eighth District)
Uncategorized

State v. Mercado — Eighth District reverses dismissal for preindictment delay in 2002 rape case, finding no actual prejudice

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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.

OregonAppellate ProcedureCriminalEvidence
Court of Appeals of Oregon
Uncategorized

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

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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 MexicoCriminalDouble JeopardyEvidence
New Mexico Court of Appeals
Uncategorized

State v. Kahla — Firearm Enhancement on Shooting-at-Vehicle Conviction Does Not Violate Double Jeopardy

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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.

MississippiCriminalEvidenceHomicide
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

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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.

MississippiCriminalEvidenceFirearms Law
Court of Appeals of Mississippi
Uncategorized

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

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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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