335 results for 'cat:"Evidence" AND cat:"Sex Offender"'.
J. Karofsky finds the court of appeals improperly reversed the circuit court's denial of a motion for mistrial defendant brought at his trial for second-degree sexual assault after a witness under redirect from the prosecution began commenting amid an objection that he discovered defendant's previous 2004 sexual assault conviction, which was barred from evidence, on CCAP, an IT system containing and managing circuit court case records. Because the circuit court correctly decided it was not reasonable to suggest that the witness's reference to CCAP would necessarily make a juror think defendant had a prior sexual assault conviction, immediately struck the testimony and pointed the jury's attention to hearsay matters, and offered the defense the option of a special jury instruction that was ultimately not taken, it did not err in denying the motion for mistrial. Reversed.
Court: Wisconsin Supreme Court, Judge: Karofsky, Filed On: June 23, 2023, Case #: 2021AP001732-CR, Categories: evidence, sex Offender, Jury Instructions
J. Gravois finds that a juvenile was properly adjudicated delinquent for the offense of first degree rape. The victim testified that when she was six-years old, the juvenile, who was fourteen, sexually assaulted her during a vacation trip. The victim testified that the juvenile licked her vagina and inserted his penis into her vagina. The trial judge acknowledged that both the victim's testimony at trial and her recorded interview were substantially similar. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 21, 2023, Case #: 23-KA-83, Categories: evidence, Juvenile Law, sex Offender
J. Chaisson finds that the trial court should not have dismissed defendant's petition seeking compensation for wrongful conviction and imprisonment. Defendant presented expert testimony that the victim's identification of defendant as her attacker could have been mistaken based on the science of identification and memory, cross racial identification, the lapse of time between the crime and the positive
identification, and non-blind administration of identification procedures. Further, there was DNA evidence showing that three pubic hairs collected from the crime scene did not belong to defendant. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: June 21, 2023, Case #: 22-CA-12, Categories: evidence, sex Offender, Identification
J. Bahr affirmed in part criminal judgments and an amended criminal judgment after a jury convicted defendant after he was charged with four counts of promoting or directing an obscene sexual performance by a minor. The state conceded that there is insufficient evidence for a number of the counts. However, the convictions on the remaining counts were properly entered by the lower court. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: June 21, 2023, Case #: 2023ND119, Categories: evidence, sex Offender
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J. Samour finds that the trial court erred in automatically excluding defendant's hearsay statement because it was self-serving. Self-serving hearsay is subject to the regular exceptions to the bar on hearsay. Defendant's hearsay statement that he thought his alleged victim had given him permission to have sex with her was admissible under the excited utterance exception, as he made the statement when she startled him by accusing him of rape. And the statement had probative value since it directly undermines the state's evidence. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: June 20, 2023, Case #: 21SC771, Categories: evidence, sex Offender
J. Riedmann finds the trial court properly convicted defendant for two counts of the sexual assault of his girlfriend’s daughter, providing her with “vapes” in exchange for allowing him to give her “backrubs” which included sexual acts. All evidence supports conviction, and the sentences were imposed within guidelines. Defendant’s claims of counsel’s failure to comment on the factual basis at the plea and sentencing hearing, to review the victim’s interview for discrepancies with her deposition, and to advise on DNA testing are without merit. Remaining claims of ineffective assistance cannot be addressed on direct appeal and are preserved for postconviction review. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-945, Categories: evidence, sex Offender, Child Victims
J. Hamilton finds that the lower court properly convicted defendant on charges of sex-trafficking a minor after denying his motion to suppress incriminating statements he made to police. Further, he was not entitled to a jury instruction limiting the use of voicemails in which he threatened the victim and her family. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: June 16, 2023, Case #: 21-2811, Categories: evidence, sex Offender, Jury Instructions
J. Jenkins finds that the trial court should not have denied defendant's motion to exclude other crimes evidence. Defendant was charged with first-degree rape and home invasion. The testimonial statements from a witness that defendant used sexually suggestive language towards her and exhibited an aggressive demeanor should not have been admitted because it is not particularly probative of the charges since there was no sexual contact or sexually explicit acts. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: June 15, 2023, Case #: 2023-K-0253, Categories: Criminal Procedure, evidence, sex Offender
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant of rape and predatory sexual assault against a child for contact with a female relative between the time she was 9 and 15 years old. Defendant contends the child gave insufficiently detailed, repetitive accounts, but her testimony was corroborated by DNA evidence found on her clothing. However, criminal sexual act counts must be dismissed as inclusory of concurrent counts of predatory sexual assault against a child, and incest counts must be dismissed since DNA evidence could have applied to other male relatives. Affirmed in part.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 15, 2023, Case #: 111219, Categories: evidence, sex Offender, Child Victims
J. Neeley finds the trial court properly convicted defendant for attempted sexual assault. The victim testified that she was sitting on a public bench when defendant pinned her against a fence and attempted to pull both their underwear down before he was hit with a golf club by another witness. The court properly admitted the victim’s police body cam statements, expert testimony as to her credibility and defendant’s own statements. Defendant was not denied the opportunity to confront and cross-examine the victim and fails to show that his counsel’s performance was deficient. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: June 14, 2023, Case #: 12-22-00090-CR, Categories: evidence, Ineffective Assistance, sex Offender
J. Doyle finds that the trial court properly convicted defendant of rape and aggravated assault and correctly ruled that defendant's prior convictions were admissible as evidence for impeachment purposes. The prior convictions for aggravated assault as a lesser included offense of rape, false imprisonment, battery and hindering a person making an emergency phone call had occurred more than 10 years before but had high probative value because defendant's credibility was central to the trial outcome. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 14, 2023, Case #: A23A0132, Categories: evidence, sex Offender, Assault
J. Welch finds the trial court properly convicted defendant for sexual assault and felony child abuse on the 14-year-old victim’s accusations and after rejecting a plea offer. The victim met defendant while skateboarding, and over the next several weeks was often treated to alcohol and drugs before defendant eventually sexually assaulted him. Texts shared between the victim and defendant, witnessed by the victim’s mother, support conviction. Though defendant watches “a lot of Law and Order” and feels like “everyone is against him,” the court properly observed nothing to suggest that representation was insufficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 13, 2023, Case #: A-22-632, Categories: evidence, sex Offender, Child Victims
J. Easter finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of attempted rape and attempted aggravated kidnapping for engaging in sex with an unconsenting 17-year-old girl. Evidence is sufficient to support his convictions and effective 30-year sentence. The matter is remanded to the trial court for judgment on the charge of violation of the sex offender registry. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: June 12, 2023, Case #: E2022-01045-CCA-R3-CD, Categories: evidence, sex Offender, Kidnapping
J. Cates finds that the lower court properly convicted defendant of 16 counts of criminal sexual abuse of his daughter. The trial court did not improperly allow evidence of defendant's alleged abuse of another girl, because it showed a similar pattern of behavior during the same time period as the abuse alleged in this case. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: June 12, 2023, Case #: 210260-U, Categories: evidence, sex Offender
Per curiam, the Vermont Supreme Court finds the trial court properly sentenced defendant for sexual assault of a child under age sixteen and committing a lewd and lascivious act. Any error in the court's reliance on "general deterrence" to justify the significant sentence was harmless. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-AP-175, Categories: evidence, Sentencing, sex Offender
Per curiam, the appellate division finds that the trial court properly convicted defendant of rape and sexual abuse after he forced himself on his sister-in-law because testimony in which the victim's two sisters talked about how defendant had abused them helped explain the victim's conduct after the rape. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: KA 18-01847, Categories: evidence, sex Offender
J. Forbes finds the trial court properly granted four defendants' motion for postconviction relief from their rape convictions on the grounds of judicial bias. The conversation between the trial judge and his wife, who was a supervising social worker at the hospital where the victim was treated, during which he allegedly agreed to his wife's plea not to "acquit those animals," was substantive in nature and appeared to influence the outcome of the trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: June 8, 2023, Case #: 2023-Ohio-1887, Categories: evidence, Judiciary, sex Offender
J. Palafox finds a lower court ruled correctly in convicting defendant of sexual assault of a child. Defendant argued there was not adequate evidence to convict him due to a lack of physical evidence and because he argued prosecutors “investigate or clarify the timing of the alleged assaults,” but it is the responsibility of the jury to “reconcile conflicts, contradictions and inconsistencies in the evidence,” and the jury did not abuse its discretion in doing just that. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 6, 2023, Case #: 08-22-00119-CR, Categories: evidence, sex Offender, Child Victims
J. Durrant finds that the district court was within its discretion to admit other-acts evidence when trying defendant for the sexual assaults of six women. The Supreme Court abandons the doctrine of chances precedent, yet the other-acts evidence was properly admitted under other rules of evidence. Also, out-of-court statements were properly admitted under exemptions to the prohibition on hearsay. Affirmed.
Court: Utah Supreme Court, Judge: Durrant, Filed On: June 1, 2023, Case #: 20190336, Categories: Confrontation, evidence, sex Offender
J. Murguia finds that the district court properly entered convictions for attempted sexual exploitation of a minor and possession of child pornography. At trial, the jury heard extensive evidence that defendant placed a hidden camera in his bathroom with the purpose of secretly recording and amassing a collection of nude videos of his then fourteen-year-old stepdaughter. Sufficient evidence supported the conviction. Affirmed.
Court: 9th Circuit, Judge: Murguia , Filed On: May 30, 2023, Case #: 21-30272, Categories: evidence, sex Offender
J. Bishop finds the trial court properly found defendant guilty of terroristic threats, kidnapping, sexual assault and use of a deadly weapon. Defendant says that the victim, a neighborhood acquaintance, went with him willingly to the isolated area where the assault took place. Defendant’s friend testified that defendant told him that he had abducted and sexually assaulted the victim, and forensic examination evidence supports the claims of sexual assault. Any deficient performance by trial counsel caused no substantial prejudice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 30, 2023, Case #: A-22-611, Categories: evidence, sex Offender, Assault
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of one count of continuous sexual abuse of a child and two counts of promoting obscenity to minors. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 30, 2023, Case #: 2023ND102, Categories: evidence, sex Offender
J. Pipkin finds that the trial court properly convicted defendant of rape and simple battery. The trial court correctly admitted into evidence the audio from a recording of the crime made by the victim on her phone. Since only the audio portion of the recording was tendered into evidence, the case is governed by a different statute than the statute governing unlawful surveillance. The victim was allowed to record her conversation with defendant without his consent. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: May 25, 2023, Case #: A23A0417, Categories: evidence, sex Offender, Battery
J. Groves finds the trial court properly allowed the social worker to testify during defendant's trial on rape charges he believed the victim had been sexually abused because the statements did not speculate about the victim's credibility but were used only to confirm the results of the social worker's investigation. Furthermore, the trial court properly denied defendant's motion for acquittal on the rape charge. Although there was no evidence of physical violence against the victim, his relationship as a pseudo-father and her testimony she was scared he would kill her if she told anyone about the abuse satisfied the element of force. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1748, Categories: evidence, sex Offender