Case Summaries: Admissibility of Prior Acts of Domestic Violence at Trial and Sentencing; Guardianship
Author: Anne L. Perry, J.D..; Pallavi Dhawan, J.D..
Source: Volume 30, Number 04, April/May 2025 , pp.59-63(5)

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Abstract:
Our case summaries this issue review important decisions involving the admissibility of evidence of a pattern of DV. In a Georgia case (Shellman v. State) a murder conviction affirmed where wife’s journals describing domestic violence by husband were properly admitted; from the federal circuit courts of appeals. In Iowa, an attempted murder conviction was upheld where prior acts of domestic violence were properly admitted (State v. Coy). In Kentucky, convictions for assault and violation of a protective order were affirmed on appeal over plaintiff’s objection to evidence of prior domestic violence (Gist v. Commonwealth). In New York, a murder conviction vacated where statements of deceased victim describing domestic violence were improperly admitted hearsay evidence (People v. Rivers). Also in New York, a defendant serving 25 years to life applied for early release under the state’s Domestic Violence Survivors Justice Act, claiming that he was in fact the victim of aggression when he stabbed his girlfriend to death; in People v. James NN, the NY Appeals Division rejected the leniency plea. Finally, in North Dakota, the state’s Supreme ruled that the Child of a mother who had murdered the child’s father could stay with the child’s maternal uncle and aunt over a guardianship challenge by paternal grandparents (In the Interest of A.E.E.).Keywords: Admissibility of Prior Acts of Domestic Violence at Trial and Sentencing; Guardianship Challenges
Affiliations:
1: Contributing Editor; 2: Associate Editor.