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- Evidence (5)
- Homicide (3)
- Appeals (2)
- Harmless Error (2)
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- Death penalty (1)
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- Modification of Judgment (1)
- Murder in First Degree (1)
- New Trial (1)
- Prior Consistent Statements (1)
- Remittitur (1)
- Rights of accused (1)
- Searches and Seizures (1)
- Self-incrimination (1)
- Witnesses (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
People V. Granados [Dissent], Jesse W. Carter
People V. Granados [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant was entitled to modification of his conviction of first degree murder to second degree murder because no competent evidence established that he engaged in sexual molestation of a child under the age of 14.
People V. Craig, Jesse W. Carter
People V. Craig, Jesse W. Carter
Jesse Carter Opinions
Without a showing of premeditation or a showing that a murder was committed in an attempt to commit rape, a first degree murder conviction should have been a second degree murder conviction for the killing of the female victim by defendant.
People V. Sheran, Jesse W. Carter
People V. Sheran, Jesse W. Carter
Jesse Carter Opinions
The trial court had the power to modify a verdict by reducing the class of defendant's crime. Substantial evidence in the record supported the modification, and no inference could be drawn from the evidence contrary to those drawn by the jury.
In Re Carmen [Dissent], Jesse W. Carter
In Re Carmen [Dissent], Jesse W. Carter
Jesse Carter Opinions
Prisoner's conviction could not be attacked on habeas corpus upon allegations of new and additional facts claiming that convicting court lacked jurisdiction over offense because jurisdictional allegations did not appear upon face of trial record.
People V. Duroncelay [Dissent], Jesse W. Carter
People V. Duroncelay [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's rights were not violated and results of the alcohol test were properly admitted in evidence in trial for driving under the influence of alcohol when extraction was made in a medically approved manner and was incident to the lawful arrest.
People V. Moore [Dissent], Jesse W. Carter
People V. Moore [Dissent], Jesse W. Carter
Jesse Carter Opinions
A verdict of first-degree murder was proper under the felony murder doctrine because the evidence showed that the killing occurred in the course of an attempted rape.
People V. Corrigan [Dissent], Jesse W. Carter
People V. Corrigan [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's conviction for robbery was affirmed where the trial court's questioning of various witnesses was not prejudicial and any objections thereto were not made by defendant during the trial and consequently were deemed waived by the court.
People V. Randazzo [Dissent], Jesse W. Carter
People V. Randazzo [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's complaint that erroneous instructions were given did not authorize the recall of remittitur, for it was a complaint of an error of law only, and remittitur could not be recalled to correct judicial error or mistake of law.
People V. Hardenbrook, Jesse W. Carter
People V. Hardenbrook, Jesse W. Carter
Jesse Carter Opinions
The prior consistent statement of a witness was properly admitted to refute an inference of recent fabrication of the testimony. A lay witness was not competent to testify as to defendant's ability to commit premeditated murder.
People V. Cheary [Dissent], Jesse W. Carter
People V. Cheary [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's new trial motion was properly denied where sufficient evidence supported the jury's imposition of the death penalty based on defendant's conviction for first-degree murder.