342 results for 'cat:"Evidence" AND cat:"Sex Offender"'.
J. Klappenbach finds the trial court properly convicted defendant for one count of rape. The victim, who had been drinking on and off with defendant, testified that she believes defendant drugged her, remembering only that she woke up on his couch with his penis in her mouth. She bit his penis, then he held her down, forcibly having intercourse despite her protests. Defendant admits to having had sex with the victim, and her testimony constitutes substantial evidence. The jury is free to believe or disbelieve any testimony. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: May 17, 2023, Case #: CR-22-560, Categories: evidence, sex Offender, Assault
J. Joyce finds the trial court erred in convicting defendant of two counts of first-degree rape for a single encounter. “Entering a criminal conviction without sufficient proof — let alone without any proof — ‘is of constitutional magnitude’ in that it violates the Due Process Clause of the Fourteenth Amendment of the United States Constitution.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: May 17, 2023, Case #: A176194, Categories: evidence, sex Offender
J. Wood finds that the trial court improperly convicted defendant of rape of a child because evidence that defendant "previously engaged in
consensual sexual intercourse with an adult woman who had been drinking is not sufficiently similar" to establish defendant intended to engage in sexual acts with the alleged victim after drinking. Affirmed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 16, 2023, Case #: COA22-130, Categories: evidence, sex Offender, Child Victims
J. Welch finds the district court properly denied defendant’s motion for postconviction relief without an evidentiary hearing. Defendant was convicted for multiple charges of child sexual assault after his adopted daughter made the allegations while receiving medical care for attempted suicide. The record sufficiently refutes defendant’s claim that he was prejudiced by his counsel’s failure to utilize his tractor-trailer driving logs to prove an alibi. The logs did not encompass the entirety of the timeframes as necessary for an alibi defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 16, 2023, Case #: A-22-564, Categories: evidence, sex Offender, Child Victims
J. Pirtle finds the trial court properly denied defendant’s motion for postconviction relief from his sexual assault conviction. All evidence suggests that defendant’s girlfriend’s inebriated 17-year-old daughter was not capable of giving consent. Defendant failed to obtain forensic testing of bedding which the victim claimed to have blood on it prior to the evidentiary hearing on his motion. He has failed to establish a reasonable probability that forensic testing of the bedding would have altered the outcome. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: May 16, 2023, Case #: A-22-621, Categories: evidence, Ineffective Assistance, sex Offender
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J. Dallet finds the circuit court improperly determined that the son does not have standing to challenge a limited review of his mental health and counseling records requested by defendant, his father accused of multiple felonies connected to sexually assaulting the son and his sister. A case in Wisconsin legal precedent allowing a criminal defendant to obtain limited review of a victim's otherwise private and privileged health records must be overturned, in part because it undermines the therapist-patient relationship, it is unworkable because it cannot be consistently applied, and it does not cohere with reconfigurations of the rights of victims and accused persons brought about by a recent amendment to the Wisconsin Constitution known as Marsy's Law, as well as decades of changes removing barriers to prosecuting sexual assault and domestic violence cases. The court of appeals is reversed, and the case is remanded for the circuit court to deny defendant's motion for in camera review of his son's private, privileged health records. Reversed.
Court: Wisconsin Supreme Court, Judge: Dallet, Filed On: May 16, 2023, Case #: 2019AP000664-CR, Categories: evidence, sex Offender
J. Golemon finds the trial court properly convicted defendant for sexual assault of a child. The victim testified that she was 12 years old at the time of the assault, identifying defendant as the offender. The trial court did not abuse its discretion in concluding that the investigator’s opinion that the 17-year-old defendant’s saying that he “thought she was 15” was “to make himself look better” was based on his personal knowledge of the matter, or in concluding the opinion was rationally based on his perceptions and helpful to understanding his testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: May 14, 2023, Case #: 09-22-00172-CR, Categories: evidence, sex Offender, Child Victims
J. Soud finds the trial court properly denied defendant's motions to block statements he made to a church volunteer and his wife admitting his guilt before he was charged, tried and convicted of sexually battering his stepdaughter multiple times when she was between the ages of 16 and 18. Defendant incorrectly argues that his statements to the church volunteer are protected by Florida law's clergy communications privilege, as the volunteer was not an ordained pastor or minister, or otherwise a member of the clergy. Florida law is also clear that the statutory husband-wife privilege does not protect statements defendant made to his wife, since the statute extends no such privilege in criminal proceedings in which one spouse is accused of a crime committed against either their child or their spouse's child. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: May 12, 2023, Case #: 22-0113, Categories: evidence, sex Offender
J. Baker finds the trial court properly denied defendant’s motion to withdraw his guilty plea and to correct an illegal sentence as to his convictions for multiple counts of sexual assault. Defendant did not allege or show that the court did not have the authority to sentence him or that his sentence exceeded the statutory maximum. Rather, he collaterally and directly attacked the judgment of conviction by alleging that his attorney was ineffective and that there was insufficient evidence. The sentences are within the statutory range. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: May 11, 2023, Case #: CR-22-731, Categories: evidence, Sentencing, sex Offender
On remand from the Supreme Court, J. Pagan finds the trial properly denied defendant’s motion to exclude evidence that he had also abused the victim’s mother when she was a minor. “There was no abuse of discretion in the trial court’s decision to admit the prior acts evidence after weighing its probative value against the risk of unfair prejudice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 10, 2023, Case #: A175727, Categories: evidence, sex Offender
J. Wicker finds that defendant was properly convicted of third-degree rape and sexual battery upon a known juvenile. The victim, defendant's stepdaughter, testified that when she was twelve years old defendant performed oral sex on her and put his penis in her “butt.” The victim testified that she specifically recalled the time frame because of the death of her grandmother that year. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 10, 2023, Case #: 22-KA-476, Categories: evidence, sex Offender
[Consolidated.] J. Thompson finds that defendant was properly convicted of molestation and indecent behavior with several children. Defendant's motion for a change of venue was properly denied because he does not show that the people making incendiary online comments about him regarding the case were residents of Bossier Parish. Further, the news articles and comments were made more than a year and a half before the trial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson , Filed On: May 10, 2023, Case #: 55,023-KA, Categories: evidence, sex Offender