Assault (Non-Sexual)

6.51 Insufficient evidence

Celeste M. Hines, COA03-1134, Kathryn L. VandenBerg
In prosecution for aggravated assault on handicapped person, insufficient evidence victim handicapped

Tywann Smith, COA03-1572, K.E. Krispen Culbertson
Insufficient evidence of intent to assault detention officer where defendant, who had not exhibited any threatening behavior, reflexively hit officer who sprayed him with pepper spray.

In Re MLL, COA-04-759, Gilda Rodriguez
Insufficient evidence to prove that juvenile, who was being beaten by his stepfather with a belt, assaulted the stepfather when he grabbed the stepfather's arm during the beating

Wesley Lamon Hinson, COA04-1549, Wesley Lamont Hinson
Insufficient evidence in an assault on a law enforcement officer case that the officer was engaged in the performance of his duties

A.J.L., COA04-1452, Anthony Brannon
Insufficient evidence of assault by pointing a gun where juvenile pointed a toy gun.

Troy D. Reese, COA05-558, Daniel Shatz
Duty being performed by officer is essential element of assault on a law enforcement officer

In re M.E.W., COA06-38, Sofie W. Hosford
Evidence that, while in class, a nine year old fourth grade boy walked up to a nine year old girl, touched her private parts through her clothing and then laughed and walked away, failed to prove that the touching was done for the purpose of sexual gratification.

Aissia L. Hardie, COA07-1, Mercedes O. Chut
Insufficient evidence of malicious conduct by prisoner where State did not show defendant acted volitionally or that defendant was resident of correctional facility

In re T.G.K., COA06-638, Michell FormyDuval Lynch
No evidence that defendant acted in concert with the actual perpetrator to commit assault and battery where he simply watched.

Jesse Lee Braxton, COA06-848, Kathryn L. VandenBerg
Insufficient evidence of strangulation where the indictment listed "inability to breathe" as an element, but victim testified she could breathe, but "not as good" as she could have if someone had not been holding her throat.

Edward Roy Frye, COA06-987, James M. Bell
Insufficient evidence of assault on a police officer where it was dark; the defendant was intoxicated; and, officers never announced that they were the police.

Steven Bell, COA06-1621, Peter Wood
Insufficient evidence of sexual battery where no evidence was presented showing the complainant was helpless, or incapacitated, or touched.

Frankie Washington, COA07-1517, James Parish
Defendant could not be convicted of both simple assault and attempted armed robbery arising out of a single transaction.

Jyree Noel, 09-784, Richard Jester
Insufficient evidence of malicious conduct by a prisoner.

David Brown, COA09-841, Mercedes Chut
Insufficient evidence of ethnic bias where both victim and defendant were Caucasian.