342 results for 'cat:"Evidence" AND cat:"Sex Offender"'.
Per curiam, the appellate division finds that the trial court properly convicted defendant of criminal sexual acts after he showed an underage victim pornographic videos and masturbated in front of her. Prosecutors exercised due diligence in turning over a copy of the 911 call from the victim's family since the initial information provided to prosecutors lacked information about the call. However, the imposition of consecutive sentences was unduly harsh. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-01915, Categories: evidence, Sentencing, sex Offender
J. Welbaum finds that although no one, including the victim, witnessed defendant remove the victim's breast from her jacket and grope her while she slept, his conviction for gross sexual imposition was supported by sufficient, circumstantial evidence, including the victim's testimony she woke up several times after feeling someone grope her and eventually woke up to defendant having vaginal intercourse with her. Meanwhile, the trial court was not required to give a curative instruction to the jury following an emotional outburst by the victim after defendant's mother made faces and reacted inappropriately to her testimony at trial. The statements made by the victim were consistent with her testimony and did not affect the outcome of the trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 9, 2024, Case #: 2024-Ohio-481, Categories: evidence, sex Offender, Jury Instructions
Per curiam, the appellate division finds that defendant was improperly convicted of first-degree rape of a seven-year-old girl because while the victim testified defendant's penis touched her vagina, she was "not sure" penetration occurred. However, defendant failed to preserve other arguments. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 19-02151, Categories: evidence, sex Offender, Child Victims
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J. Morris finds that the trial court improperly suppressed statements defendant made during a church meeting on grounds of clergy-penitent privilege in defendant's trial for lewd and lascivious molestation of a child between the ages of 12 and 16. Reversed.
Court: Florida Courts Of Appeal, Judge: Morris, Filed On: January 31, 2024, Case #: 2D22-3707, Categories: evidence, sex Offender
J. Wright finds the trial court properly excluded evidence in its conviction of defendant for aggravated sexual assault. Defendant was arrested after his wife's younger sister accused him of an assault that occurred during a family gathering. The court excluded a TikTok video made by the victim but allowed defendant to ask about the video. Witness testimony was also admitted that challenged the victim's credibility in the same way defendant says the video would challenge her credibility. There is no harm in excluding evidence if the same or similar evidence was elicited from another source. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-21-00409-CR, Categories: evidence, sex Offender
J. Bokor finds the trial court properly convicted defendant of sexual battery in his case involving sexual acts committed with a woman he met at the bar after giving her cocaine and to whom he offered money. The trial court did not err in excluding some of the victim's cell phone records defendant claims would have shown inconsistent statements and impeached her testimony, although it should have allowed some verbatim text messages in which the victim admitted to using cocaine to impeach her testimony that she did not remember using cocaine with defendant. Because the exclusion of most of the records was harmless, defendant's conviction stands. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 31, 2024, Case #: 22-1244, Categories: evidence, sex Offender
J. Herndon finds the trial court properly convicted defendant for lewdness with a 12-year-old boy and luring children with the intent to engage in sexual conduct. Ample evidence, including text messages in which defendant professed his love for the boy, and the boy's testimony that defendant told him he was discharged from the military for being a pedophile, support the conviction and were properly admitted. Defendant's neighbor also testified defendant barged into his home in search of the boy. All evidence was properly admitted, including that of prior bad acts and surrounding events. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 84957, Categories: evidence, sex Offender, Child Victims
J. Witt finds that the lower court properly convicted defendant of sodomy and child molestation. The court did not err by admitting the abused child's out-of-court statements made to investigators. Her statements were consistent with her videotaped forensic interview testimony, and there is no evidence she had a motive to fabricate her story. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: January 30, 2024, Case #: WD85845, Categories: evidence, sex Offender
J. Riedmann finds the county court properly convicted defendant by plea agreement for sexual assault and strangulation. Though defendant claims he was in a consensual relationship with the victim, all evidence, including DNA and text messages, as well as injuries to the victim, supports the conviction. The plea agreement was entered into knowingly and intelligently, and defendant does not present any argument as to trial counsel's alleged failure to inform him of the victim's medical records. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 30, 2024, Case #: A-23-677, Categories: Dna, evidence, sex Offender
J. Pritzker finds that the lower court properly convicted defendant of rape, unlawful imprisonment, and sexual abuse of a co-participant at a work event held at a resort in the Adirondacks based on DNA evidence from a tampon that became lodged inside the victim's body during forced sexual intercourse. Meanwhile, defendant was properly denied modification of the sentence in light of his lengthy criminal history and failure to accept responsibility. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 25, 2024, Case #: 112614, Categories: evidence, Sentencing, sex Offender
J. Tookey finds trial court properly denied defendant’s motion for judgment of acquittal on a second-degree kidnapping charge. “Evidence is legally sufficient for the jury to have determined that defendant had the requisite intent to ‘interfere with [the victim’s] freedom of movement’ during the nonconsensual taking.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 24, 2024, Case #: A178356, Categories: evidence, sex Offender, Kidnapping
J. Stiglich finds the trial court properly convicted defendant for sexual assault and open or gross lewdness based on sufficient evidence. After a night of drinking, the victim and defendant returned to their hotel room. The victim took half a sleeping pill, fell asleep and awoke later to find defendant on top of her, digitally penetrating her and fondling her breasts, and he did not stop when asked. Exclusion of evidence of the victim's blood alcohol level was not prejudicial. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: January 19, 2024, Case #: 86062, Categories: evidence, sex Offender
J. Wood finds the trial court properly convicted defendant for rape, introduction of a controlled substance into the body of another and tampering based on sufficient evidence. Though the victim and defendant had previously been in a consensual relationship, this evidence was properly denied as irrelevant. All evidence presented shows that defendant injected the victim with ketamine and had sex with her while she was physically helpless. He then encouraged her to recant statements made to the police. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: January 18, 2024, Case #: CR-22-418, Categories: evidence, sex Offender, Obstruction
J. Maxwell finds the lower court properly convicted defendant of two counts of sexual battery for sexually penetrating his two minor nieces. Defendant’s argument that he is entitled to a new trial because he was only permitted to attend a pre-trial hearing virtually during the Covid-19 pandemic is without merit. Evidence is sufficient to support his convictions and sentence to 35 years imprisonment on each count, to be served concurrently. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: January 18, 2024, Case #: 2022-KA-00107-SCT, Categories: evidence, sex Offender
J. Ryan finds the trial court properly denied defendant's motion to admit treatment history of one of the victims into evidence at his trial on sexual assault charges. The medical evidence was related solely to the victim's suicidal ideations, not any of the assaults, and, therefore, was privileged. Meanwhile, corroborating testimony from each of the victims about defendant's various assaults was sufficient to convict him of both rape and gross sexual imposition. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: January 18, 2024, Case #: 2024-Ohio-157, Categories: evidence, sex Offender, Discovery
J. Brown finds the trial court properly found defendant guilty of failure to comply with sex offender registration and reporting requirements. When defendant moved during the Covid-19 pandemic, a sign-in sheet available to those registrants required to report in-person did not contain defendant's signature. Water usage reports at a residence for which defendant applied for service show consistent usage during a period in which no change of address was reported by defendant. All evidence supports the court's finding that defendant failed to report his change of address. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: January 17, 2024, Case #: CR-23-329, Categories: evidence, Probation, sex Offender
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for attempted first-degree sexual assault. The 15-year-old victim testified the 21-year-old defendant, though they had been in a relationship, forced her to have intercourse when she broke up with him. He denied this, though DNA evidence shows the encounter happened and supports the conviction. All statutory factors were considered and the 15-20 year sentence is within limits. Counsel was not ineffective for not challenging the admission of victim testimony that defendant had grabbed her by the hair. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 16, 2024, Case #: A-23-613, Categories: Dna, evidence, sex Offender
J. Baker finds that unfair prejudice of evidence of defendant's prior sexual conduct with young girls outweighed its probative value in his trial for sexual assault on his step-granddaughter. His prior acts were admissible to show motive and intent, but the trial court's limiting instruction was insufficient to overcome the undue prejudice caused by the state's repeated reminders that he had only served 45 days in jail for sex crimes involving other family members, which implied that he had not been adequately punished. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: January 16, 2024, Case #: DA 21-0646, Categories: evidence, sex Offender
J. Thompson finds that defendant was properly convicted of two counts of first degree rape, with both victims under the age of 12. The victims testified at trial that defendant raped them multiple times over a period of several years, starting when they were between the ages of three and six years old. Defendant's actions with the victims, who never met, demonstrate a pattern of targeting extremely young girls and abusing them while their mothers were at work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: January 10, 2024, Case #: 55,464-KA, Categories: evidence, sex Offender
J. Chicchelly finds that defendant was properly convicted of solicitation of commercial sexual activity after sending a photo of his penis to a detective posing as a 15-year-old girl, then arriving at a truck stop to meet her because admission of the photo into evidence was supported by the sexually explicit messages defendant sent to the detective. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: January 10, 2024, Case #: 22-1681, Categories: evidence, sex Offender
J. Thompson finds that defendant was properly convicted of felony carnal knowledge of a juvenile. Defendant admitted to having sex with his 14-year-old co-worker, and his statements were corroborated with the victim's interview with medical professionals. Further, the 15 year sentence was proper based on the 39-year-old defendant taking advantage of the victim and for his criminal history, which included a prior conviction for carnal
knowledge of a juvenile that required him to be registered as a sex offender. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: January 10, 2024, Case #: 55,461-KA, Categories: evidence, sex Offender