81 results for 'cat:"Criminal Procedure" AND cat:"Sex Offender"'.
J. Ervin-Knott finds that defendant was properly convicted of felony carnal knowledge of a juvenile and indecent behavior with a juvenile. In this case, defendant was properly charged by grand jury indictment and was present and represented by counsel at arraignment, trial and sentencing. Based on the trial transcript, the state proved the essential elements of the crimes. Defense counsel's motion to withdraw is granted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott , Filed On: February 20, 2024, Case #: 2023-KA-0556, Categories: criminal Procedure, sex Offender
J. Schock finds that although defendant completed the deferred judgment and sentence portion for several sexually-based offenses, the lower court properly denied his motion to be removed from Colorado's sex offender registry. He was convicted of assault in the same case and, therefore, is ineligible for removal. The exception that allows for removal from the registry following completion of a deferred sentence requires dismissal of the criminal case, but because defendant's assault conviction was not dismissed, and never will be, the exception does not apply to him. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: February 15, 2024, Case #: 2024COA14, Categories: criminal Procedure, Sentencing, sex Offender
J. Anderson affirms the defendant's sentence for third- and fourth-degree sexual conduct, finding that the U.S. Supreme Court's decisions in Apprendi v. New Jersey and Blakely v. Washington do not alter the paradigm set in Minnesota courts in State v. Ronquist, which limited a requirement of prosecution by indictment for offenses punishable by life imprisonment to offenses so punishable before the application of sentencing enhancements based on prior convictions. That case's reasoning also exempts cases where lifetime conditional release is a possibility. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: February 7, 2024, Case #: A22-0318, Categories: criminal Procedure, Sentencing, sex Offender
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Lucas finds that the trial court properly dismissed charges of failure to register as a sex offender by applying the statute that was active at the time of defendant's original conviction, which did not require him to register as a sex offender until his original sanction was completed. Defendant had not paid all fines, and thus had not completed his sanction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: January 26, 2024, Case #: 2D21-2784, Categories: criminal Procedure, Sentencing, sex Offender
J. Atkins finds that the trial court should not have denied the state's motion to continue trial in a sexual abuse of a minor action. In this case, the trial court did not take into consideration that the state's witnesses were not available on the trial date. One witness was the forensic nurse practitioner who completed a report in the matter, and the other witness was an expert in child sexual abuse forensic examinations, child sexual abuse, and trauma. Further, a continuance would not violate defendant's right to a speedy trial. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: January 23, 2024, Case #: 2024-K-0034, Categories: criminal Procedure, sex Offender, Speedy Trial
J. Pitt-Burke finds that the lower court improperly denied defendant's motion to dismiss a sex offender registration proceeding when the motion should have been dismissed. A hearing on the matter has not yet been held, and there is no appealable order requiring defendant to register as a sex offender in New York. Reversed.
Court: New York Appellate Divisions, Judge: Pitt-Burke, Filed On: January 18, 2024, Case #: 00248, Categories: criminal Procedure, sex Offender
J. McShan finds that the lower court improperly convicted defendant based on his guilty plea to rape involving a child because the agreement to waive indictment and prosecute by superior court information was jurisdictionally defective since such is not permitted when the crime involves a class A felony punishable by life imprisonment. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: December 21, 2023, Case #: 113189, Categories: criminal Procedure, sex Offender, Plea
J. Soud finds defendant's petition to prohibit her prosecution for a misdemeanor count of soliciting lewdness must be denied. The state's prosecution is not barred by the one-year statute of limitations defendant cites because the record shows she had no employment or known fixed address where the state could find her to serve a bench warrant, and because the state made reasonable attempts to locate her the statute of limitations is tolled until she was actually arrested on the bench warrant.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: December 21, 2023, Case #: 23-3126, Categories: criminal Procedure, sex Offender
J. Mansfield finds that the juvenile court could not "reclaim jurisdiction" after waiving a case for the district court to prosecute defendant, a 17-year-old, for sexual exploitation of a minor and possession of child pornography. The juvenile court had no legal authority to attempt to regain control of the case after waiving such for the purpose of having defendant tried as an adult.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: December 15, 2023, Case #: 22-0326, Categories: criminal Procedure, Juvenile Law, sex Offender
J. Egan finds that the lower court improperly convicted defendant based on his guilty plea to failing to register as a sex offender. Defendant agreed to waive indictment and be prosecuted by a superior court information, but that document was not signed in open court and thus represented a jurisdictional defect surviving his guilty plea. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: 112891, Categories: criminal Procedure, sex Offender
Per curiam, the appellate properly directed the trial court to dismiss a criminal complaint brought against defendant, who had been found guilty sexual assault. The victim was found dead 1990, and DNA evidence had been linked to defendant in 2021, resulting in his being charged in 2022. Thus, the claims are time-barred, and 2002 amendments expanding the statute of limitations do not apply retroactively. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: December 13, 2023, Case #: A-53-22, Categories: criminal Procedure, Dna, sex Offender
J. Nichols finds that the trial court properly sentenced defendant for sexually abusing minor girls and adult women on Snapchat by blackmailing them into sending him sexually explicit photographs and videos of themselves, and threatening to post nude photos of the victims online or kill them if they did not comply with his demands. There is no basis to conclude that the trial court’s sentencing defendant to 184.5 to 369 years in prison was unreasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Nichols, Filed On: December 5, 2023, Case #: J-S36021-23, Categories: criminal Procedure, sex Offender, Threats
[Consolidated.] J. Bowes finds that the lower court improperly found that defendants’ convictions pursuant to the North Carolina statute proscribing taking indecent liberties with children obligated them to register as sex offenders in Pennsylvania. The state failed to establish that defendants’ out-of-state convictions would be similar to Pennsylvania convictions that require registrations. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: December 1, 2023, Case #: J-A02020-23, Categories: criminal Procedure, sex Offender, Child Victims
J. Yun finds the Colorado Supreme Court's ruling in Rojas v. People did not establish a new constitutional rule of criminal procedure for the admission of testimony to explain a victim's delay in reporting sex crimes and, therefore, it could not apply retroactively to defendant's case, which allowed the lower court to dismiss his petition for postconviction relief. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: November 30, 2023, Case #: 2023COA113, Categories: criminal Procedure, Constitution, sex Offender
J. Reynolds Fitzgerald finds that the lower court improperly dismissed rape charges in an indictment on grounds that defendant's confession was insufficiently corroborated. Defendant admitted to climbing into bed with a long-time friend and engaging in consensual oral sex and intercourse with her, as well as digital penetration, but the bruising and vaginal injuries she reported could have been consistent with rape. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: November 16, 2023, Case #: 113434, Categories: criminal Procedure, Evidence, sex Offender
Per curiam, the circuit finds that the district court properly convicted defendant of sex trafficking a minor and inducing her to engage in sexually explicit conduct. Defendant challenged venue in one of two New York City districts, since he operated from one venue and the victim was from the other, but evidence indicates his repeated communications to induce and solicit her participation reached her in the southern district in Manhattan. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-287-cr, Categories: criminal Procedure, sex Offender, Child Victims