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Tag Archives: Assault

Tort/Negligence – FTCA – Assault – Pentagon Police Officer (access required)

Ignacio v. U.S. A Pentagon police officer who allegedly assaulted a contract security officer assigned to the Pentagon, while the two were stationed at a Pentagon security checkpoint, does not have sovereign immunity from a suit for assault under the Federal Tort Claims Act; the 4th Circuit reverses the district court decision that the U.S. was immune from suit because the police officer was not “engaged in investigative or law enforcement activities” when he allegedly assaulted plaintiff.

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Criminal Practice – Prior Assault — Maiming Without Malice – Assault — Armed Robbery – Evidence (access required)

State v. Flaugher Although the prior assault charge against defendant was dismissed, since that dismissal did not amount to a judicial acquittal, that dismissal did not preclude the admission of evidence of the prior assault. We find no error in defendant’s convictions of assault with a deadly weapon with intent to kill inflicting serious injury, robbery with a dangerous weapon, maiming without malice, and possession of a stolen motor vehicle.

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Criminal Practice – Assault – Evidence – Exclusion – Subsequent Admission – Attempted Murder Acquittal  (access required)

State v. Wade Even if it had been error for the trial court to permit the state to impeach the victim regarding statements he made at the probable cause hearing that were inconsistent with his trial testimony, the error was not prejudicial since the version of events that the victim described at the probable cause hearing was introduced at trial through the testimony of another eyewitness.

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Criminal Practice – Assault on a Firefighter – ‘Fear’ – Objective Standard – Jury & Jurors – Request for Transcript (access required)

State v. Starr. Even though the firefighters breaking open defendant's door did not recognize the noise of defendant shooting at them as gunshots, defendant still assaulted the firefighters. All that is necessary to sustain a conviction for assault is evidence ...

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Criminal Practice – Assault – Arrest Attempt – Outstanding Warrants – Violence (access required)

State v. Wilson. The violent nature of the crimes for which defendant was wanted was relevant to the states of mind of both defendant and the arresting officer when defendant assaulted the officer. Therefore, the trial court did not plainly err when it admitted evidence of the nature of the outstanding warrants for defendant's arrest. No prejudicial error in defendant's convictions of assault with a firearm on a law enforcement officer, possession of a firearm by a felon, and having attained the status of violent habitual felon.

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