335 results for 'cat:"Evidence" AND cat:"Sex Offender"'.
J. Colloton finds a lower court properly convicted a defendant for enticing a minor to engage in sexual activity. The defendant argued that his conviction should be tossed out for entrapment. However, the defendant responded to an alleged 14-year-old girl's online advertisement, which was actually an undercover detective, which does not constitute entrapment by inducement. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 23, 2023, Case #: 22-1248, Categories: evidence, sex Offender, Entrapment
J. Salter finds that the circuit court properly entered judgment after an individual was indicted on two counts of rape in the first degree. The individual later alleged he had not received notice of the State’s intent to introduce certain evidence. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: August 23, 2023, Case #: 2023SD46, Categories: evidence, sex Offender
J. Lagesen finds the trial court erred in failing to suppress evidence found on defendant’s electronic devices that led to his first-degree sexual abuse conviction. There is no evidence in the affidavit supporting the warrant that defendant used other devices to take photographs or transferred photographs to them. Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: August 23, 2023, Case #: A175596, Categories: evidence, sex Offender
J. Bright finds the lower court improperly denied the inmate's request for certification to appeal because the statement from the victim withheld by police prior to the inmate's trial on sexual assault and unlawful restraint was material to his defense and provided him with a viable habeas claim. Therefore, the petition for a writ of habeas corpus will be granted, the inmate's conviction for unlawful restraint will be vacated, and the case will be remanded for a new trial. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: August 18, 2023, Case #: AC45442, Categories: evidence, Habeas, sex Offender
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J. Kelly finds a lower court properly sentenced a defendant to 120 months in prison after a jury found him guilty on three counts of aggravated sexual abuse of a minor, committing a felony sex offense against a minor while required to register as a sex offender, and tampering with a witness. The defendant argued that the lower court erred in dismissing his motion for acquittal for lack of evidence. However, the government provided sufficient evidence in court that the defendant's mother, who is the grandmother of the abused child, disclosed that she was "being pressured" to help him get out of jail by asking his minor victim to recant her claims, which was recorded on jail house phone conversations between both parties. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 3, 2023, Case #: 22-2176, Categories: evidence, sex Offender, Child Victims
J. Gerber finds that while the court erred in preventing defendant from attempting to elicit testimony from the victim or argue to the jury that someone else had raped the victim. However, the error was harmless beyond a reasonable doubt as there was sufficient evidence to support the rape conviction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: August 2, 2023, Case #: 4D21-2325, Categories: evidence, sex Offender
J. Mathias finds the lower court improperly found defendant to be a habitual offender. Defendant was convicted of four counts of cold molesting and received an effective 26-year sentence as a habitual offender. The state was required to show the instant offenses were committed after any prior offenses considered to establish the habitual offender status, but three of the four instant offenses were allegedly committed before. Insufficient evidence was presented to support sentencing defendant as a habitual offender. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: August 2, 2023, Case #: 22ACR2927, Categories: evidence, Sentencing, sex Offender
J. Wilkin finds the trial court properly overruled defendant's motion to exclude the testimony of the victim's mother about her behavior on the night of the rape, which was properly admitted under the excited utterance hearsay exception. Meanwhile, the victim's testimony defendant pulled her hair and grabbed her chest forcefully enough to cause bruising after she told him to stop, as well as defendant's admission in subsequent text messages that he forced her to have sex, was sufficient for the jury to convict him of rape. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: August 2, 2023, Case #: 2023-Ohio-2734, Categories: evidence, sex Offender
Per curiam, the Fifth Circuit finds the trial court properly convicted a U.S. Army soldier for possession of child pornography after agents found an illicit image on his cellphone during an investigation into his alleged sexual assault of another soldier and recording it on his cellphone. All evidence supports that agents had probable cause to believe the cellphone contained videos, images and conversation related to the alleged sexual assault. The authorization constrained the search to only content related to the incident and was not overly broad. Suppression of the child pornography evidence was not warranted. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 1, 2023, Case #: 21-51229, Categories: evidence, sex Offender, Child Pornography
Per curiam, the appeals court finds the trial court properly denied defendant’s motion for postconviction scientific testing on his conviction for aggravated sexual assault of a child and sentence of 51 years in prison. The state has no physical evidence subject to DNA testing. There was no physical evidence admitted at trial, and defendant was convicted upon witness testimony, medical records and expert opinion related to the medical records. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 31, 2023, Case #: 12-22-00275-CR, Categories: evidence, sex Offender, Child Victims
J. Jenkins finds that the trial court should not have denied defendant's motion to exclude other crimes evidence in his trial for first degree rape and home invasion. In this case, the testimonial statements made by the victim against defendant in 2014 related to a simple robbery charge did not involve sexual contact or sexually assaultive acts because there was no sexual contact. Further, the statements are not probative of the instant charges against defendant. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: July 28, 2023, Case #: 2023-K-0253, Categories: evidence, sex Offender
J. Pritzker finds that the lower court properly convicted defendant of rape. Defendant contends he had consensual sex with the victim, but witnesses testified the victim had been drinking heavily and fell asleep in a bar booth before leaving with defendant, and that friends discovered her naked and asleep at defendant's house after tracking her down. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: July 27, 2023, Case #: 112168, Categories: evidence, sex Offender, Witnesses
J. Chicchelly finds that a protective order for relief from sexual abuse was properly entered against the father. Evidence sufficiently proved the abuse and a therapist’s testimony was correctly limited in order to protect the child’s relationship with the therapist. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: July 26, 2023, Case #: 22-2035, Categories: evidence, sex Offender
Per curiam, the Fifth Circuit finds the Texas state trial court properly convicted defendant for aggravated sexual assault of his four-year-old daughter, sentencing him to life in prison. The judge refused to admit evidence of another assault on the girl by the mother’s boyfriend on the grounds that it did not disprove the claims against defendant. He then failed to establish materiality before the Texas Court of Criminal Appeals. Though some evidence suggests a refused police report may have been material, the Fifth Circuit can only grant defendant’s petition for habeas corpus if all fair-minded jurists would disagree with the Texas appeals court’s decision. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 21, 2023, Case #: 22-40217, Categories: evidence, sex Offender, Child Victims
J. Waples finds the trial court correctly denied defendant's motion to suppress evidence and motion to dismiss for lack of a speedy trial on charges of sexual assault. Defendant's Article 11 rights were not violated by the warrantless search of his home, and the balance of the factors do not show there was a speedy trial violation. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: July 21, 2023, Case #: 21-AP-275, Categories: evidence, sex Offender, Speedy Trial
[Consolidated] J. Hoyle finds the trial court properly convicted defendant for sexual assault, tampering with physical evidence, and burglary of a habitation. Representing himself, defendant sought to suppress his warrantless arrest based on a witness's testimony that he saw defendant leave the victim's house, bleeding, and enter a house across the street. The victim, who also had blood on her at the scene, stated that she stabbed defendant during the rape. Officers went to the house across the street to find blood on the door, then properly entered with probable cause after knocking to no response. Officer and forensic interviewer testimony was correctly entered and was not hearsay. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: July 21, 2023, Case #: 12-22-00053-CR, Categories: evidence, Search, sex Offender
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for sexually abusing a minor, sentencing him to life in prison. The 14-year-old victim reported abuse that she had kept secret since she was 11 after protective services sought to determine paternity of her son during a drug-based investigation of the home due to her fear that the father — her mother’s boyfriend — might obtain custodial rights. All evidence and witness testimony supports conviction. The court’s limiting of exhibits consisting of Facebook posts made between 2005 and 2021 did not violate the confrontation clause, as potential confusion or repetitive or marginally relevant interrogation outweighed probative effect. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 20, 2023, Case #: 22-50078, Categories: evidence, sex Offender, Child Victims
J. Rodriguez finds a lower court ruled correctly in convicting defendant on two counts of sexually assaulting a child. Defendant argued that a 911 call by the victim concerning her desire to commit suicide was improperly admitted into evidence and was prejudicial towards him, but because the call never mentioned the sexual assault allegations, it “could not have aroused hostility toward [defendant] unless the jury already tended to believe” the other evidence against him, as prosecutors argued. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 20, 2023, Case #: 08-22-00209-CR, Categories: evidence, sex Offender, Child Victims
[Consolidated.] J. Wallach upholds defendant's convictions for aggravated sexual assault of a child and other crimes related to his kidnapping and rape of a 5-year-old girl, whom he left under a trailer in subfreezing temperatures after hitting and strangling her. The trial court properly refused to suppress, as defendant's statements were not involuntary. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: July 20, 2023, Case #: 02-21-00174-CR , Categories: evidence, sex Offender, Self Incrimination
J. Ortega finds the trial court properly admitted evidence of defendant’s prior uncharged acts and properly conducted the required balancing for unfair prejudice. “The state offered evidence that defendant looked down (victim’s) dress and made comments about her body for the purpose of proving his 'sexual predisposition towards' (victim), thereby offering context showing that the charged acts had a sexual purpose.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 19, 2023, Case #: A175902, Categories: Constitution, evidence, sex Offender
J. Arnold finds that the district court properly denied defendant habeas relief from his sodomy conviction for having sex with a person under 14 years old based on testimony from the victim's teacher that the child had been under 14 at the time of the crime, as well as evidence that she had a 15-year-old brother and had been entering the seventh grade when the abuse occurred. Affirmed.
Court: 8th Circuit, Judge: Arnold , Filed On: July 14, 2023, Case #: 22-1722, Categories: evidence, sex Offender
[Consolidated.] J. Hull finds that defendant was properly convicted of sex trafficking charges. There was “ample” evidence supporting his coercion conviction and defendant has not shown that any error in the government’s amended notice of its expert testimony prejudiced him on that conviction. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: July 13, 2023, Case #: 22-10164, Categories: evidence, sex Offender
J. Sheehan finds that the trial court improperly convicted defendant for two counts of gross sexual imposition of a minor. The trial court improperly allowed the victim's mother to submit hearsay evidence in the form of the conversations between her and her sister about the accused, as that contains character evidence. Also, the victim's mother's opinion that her daughter is telling the truth cannot be used as evidence to vouch for the daughter's credibility. Reversed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: July 13, 2023, Case #: 111935, Categories: evidence, sex Offender, Witnesses