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Tag Archives: Intent

Criminal Practice – Criminal Sexual Conduct – Continuance Denied – Last-Minute Motion – Prosecution Argument – Burglary – Intent (access required)

State v. Meggett At the beginning of his trial -- nearly two years after he was arrested and seven months after he was notified that the case would be placed on the trial docket -- defendant moved for a continuance so he could have a comforter tested for two-year-old DNA. Defendant made no showing that the comforter had not been cleaned or used by anyone else in the interim. Based on defendant’s inaction in attempting to obtain the comforter prior to requesting a continuance and the lack of evidence supporting his contention that the comforter still contained important evidence, we find the trial court did not abuse its discretion in denying defendant’s motion for a continuance.

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Criminal Practice – Criminal Sexual Conduct – Continuance Denied – Last-Minute Motion – Prosecution Argument – Burglary – Intent (access required)

State v. Meggett At the beginning of his trial -- nearly two years after he was arrested and seven months after he was notified that the case would be placed on the trial docket -- defendant moved for a continuance so he could have a comforter tested for two-year-old DNA.

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Criminal Practice – Assault with Intent to Commit Third-Degree CSC – Intent – Assault & Battery – Evidence – Prior Bad Acts – Other Young Employees (access required)

State v. Atieh The teenage victim testified that defendant – her boss – put his hands down the front of her pants just barely below the waistline, never coming near her vaginal area. The victim said she was in shock and just stood there, and there was no evidence of any outside force interrupting or prematurely halting defendant’s actions. The evidence does not give rise to an inference that defendant intended to do more than what he did. A jury could not reasonably and naturally infer that defendant intended to penetrate any orifice of the victim’s body. Consequently, the trial court erred in denying defendant’s motion for a directed verdict as to the charge of assault with intent to commit third-degree criminal sexual conduct.

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Tort/Negligence – Torture – Mustard Gas Attacks – Chemical Company – Not Subject to Suit — Intent (access required)

Aziz v. Alcolac Inc. Kurdish victims of mustard gas attacks in northern Iraq in the late 1980’s have not stated claims under the Torture Victim Protection Act or the Alien Tort Statute against defendant chemical manufacturer, who allegedly sold thiodiglycol to Saddam Hussein; the 4th Circuit upholds dismissal of the claims against defendant corporation.

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