343 results for 'cat:"Evidence" AND cat:"Sex Offender"'.
J. Barrett finds the trial court properly convicted defendant for rape and internet stalking of a child based on sufficient evidence. When defendant's 14-year-old stepdaughter requested money for a Roblox gaming account, he sent her a text message that stated, “I give u the money blow me.” She protested after he explained what he meant, but eventually gave in. Facebook Messenger reported the inappropriate conversation and defendant was arrested. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 10, 2024, Case #: CR-23-20, Categories: evidence, sex Offender, Child Victims
J. Doyle finds that defendant was properly convicted of indecent exposure because evidence indicates he locked himself into the bathroom of a convenience store with a pornographic magazine, forcing employees to unlock the door before exposing himself to them. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: January 10, 2024, Case #: 22-1602, Categories: evidence, sex Offender
J. Ortega finds the trial court properly excluded evidence of an alternative suspect. The fact that victim “lived with a man who had been accused of sexually abusing another child did not support a reasonable inference that the third party had the opportunity or means to commit the charged offenses, which were alleged to have occurred in defendant’s home while [victim] lived with defendant.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: January 10, 2024, Case #: A177061, Categories: evidence, sex Offender, Child Victims
J. Joyce finds that the trial court erred in admitting evidence that defendant altered a polygraph report and statements he made to the polygrapher after the test. “His conduct in altering the report is “only relevant in relation to the contents of the report—either he believed it was accurate and wanted to hide the results, or he believed [that] it was inaccurate but that other people would think it was accurate.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: January 10, 2024, Case #: A176395, Categories: evidence, sex Offender
J. Ellender finds that defendant was properly convicted of multiple sex crimes against his wife. The victim testified to the physical and sexual abuse inflicted on her by defendant and introduced photographs supporting her testimony, depicting some of bruises, cuts, and carvings inflicted by defendant. Defendant's 95-year sentence was proper based on the particularly heinous nature of the crimes perpetrated during the ten-year marriage and for using violence and threats to control and abuse the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: January 10, 2024, Case #: 55,269-KA, Categories: evidence, sex Offender
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J. Bell finds the trial court properly convicted defendant for first-degree murder and sexual assault with the use of a deadly weapon. The 16-year-old victim's corpse was found with a stab wound to the neck, strangled and wrapped in a tarp in a remote area. A used condom with defendant's and the victim's DNA was found near the body. The evidence supports the conviction and the sentence of life with the possibility of parole after 46 years. Any error involving defendant's ex-girlfriend's testimony regarding his propensity for sexual violence is harmless. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: January 4, 2024, Case #: 85331, Categories: evidence, Murder, sex Offender
J. Pirtle finds the trial court properly convicted defendant for first-degree sexual assault on a child, incest with a victim under 18 years of age, and third-degree sexual assault on a child. The stepmother's testimony regarding the number of text messages the child had received from her stepfather, and that he had hit her, did not prejudice him. Furthermore, her interrupted, incomplete statement she “was aware of some physical” does not constitute character evidence, and attempts to complete the sentence are merely speculative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: January 2, 2024, Case #: A-22-776, Categories: evidence, sex Offender, Child Victims
J. Donovan affirms the defendant’s convictions for aggravated felonious sexual assault, attempted aggravated felonious sexual assault and misdemeanor sexual assault. “The state did not open the door to cross-examination regarding the specific contents of the medical records by introducing testimony acknowledging the existence of such records.”
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: December 28, 2023, Case #: 2022-0557, Categories: evidence, sex Offender, Assault
J. Hellman finds the the trial court properly allowed the admission of a statement by the victim during a forensic interview that she had delayed reporting other acts of abuse because she did not want defendant to “go back to jail.” The court “did not err in admitting the evidence…to establish the victim’s motive for delayed reporting and to establish that the victim had not fabricated the delayed disclosures of abuse.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A174588, Categories: evidence, sex Offender, Child Victims
J. Delaney finds the trial court properly admitted the entirety of the victim's forensic interview with a sexual assault nurse examiner, including comments about defendant's previous and unrelated violent behavior. Statements about the conduct were fleeting and any prejudice was outweighed by the probative value of the interview, during which the victim gave a full and detailed account of defendant's sexual abuse. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 27, 2023, Case #: 2023-Ohio-4761, Categories: evidence, sex Offender
Gravois affirms the trial court’s sentence of 40 years and 10 years, to be served consecutively, for defendant’s sexual abuse of his own daughter. The evidence was consistent and sufficient, defendant had adequate legal counsel, the defense was able to present its own theory and evidence and the sentence was not excessive. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 27, 2023, Case #: 23-KA-262, Categories: evidence, Sentencing, sex Offender
Per curiam, the court of appeals finds the trial court properly denied defendant's motion for acquittal on various sexually-based offenses. Testimony from the victims about his actions during sleepovers, including his rubbing of their butts and vaginas, satisfied all elements of the crimes. However, the trial court erroneously failed to merge two of defendant's gross sexual imposition charges as allied offenses because both charges stemmed from a single course of conduct related to a single victim. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: December 21, 2023, Case #: 2023-Ohio-4642, Categories: evidence, Sentencing, sex Offender
J. Robb finds the trial court properly denied defendant's motion to exclude certain testimony from the sexual assault nurse examiner about how the victim in defendant's case affected her emotionally. Although it may have been inappropriate, there was other, overwhelming evidence of defendant's guilt, while the nurse's statement was brief. Meanwhile, even though several witnesses improperly vouched for the victim during their testimony when they claimed to believe her version of events, the error was not prejudicial because defendant's attorney allowed the vouching as part of his trial strategy to elicit similar testimony on his client's behalf. Affirmed.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: December 21, 2023, Case #: 2023-Ohio-4714, Categories: evidence, sex Offender
J. Johnson finds the trial court properly found defendant guilty of continuous sexual abuse of a child. The forensic interviewer testified the 14-year-old victim described multiple incidents occurring since she was 11 where her father raped and molested her. The interviewer and a detective testified as to the child's truthfulness and guarded demeanor, and other behaviors that indicated she was telling the truth. All evidence, including a DNA match, supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 20, 2023, Case #: 09-23-00007-CR, Categories: evidence, sex Offender, Child Victims
J. Windhorst finds that defendant was properly convicted on eight counts of possession of pornography involving juveniles under the age of thirteen. There was evidence presented that a police officer, using a P2P network, downloaded child pornography from a device connected to defendant’s IP address. During a search of defendant's residence, the police found defendant’s electronic devices that contained child pornography in his bedroom, downstairs in the living room, and in a backyard shed. Further, the child pornography found on defendant’s devices from 2010 was highly relevant and probative of defendant’s charges in that it showed his lustful disposition towards children. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 20, 2023, Case #: 23-KA-149, Categories: evidence, sex Offender
J. Schlegel finds that defendant was properly convicted of indecent behavior with a juvenile under the age of thirteen. Defendant's motion to admit evidence of prior false allegations of sex abuse was properly denied. Defendant did not show that the victim's allegations against others were false, and there was no independent witness to testify that the allegations were false. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: December 20, 2023, Case #: 23-KA-90, Categories: evidence, sex Offender
J. Greenholtz finds the lower court properly convicted defendant of aggravated rape and aggravated sexual battery for acts against a child under the age of 13. Defendant left the country after being charged, but was apprehended after his return almost 20 years later. Evidence is sufficient to support defendant’s convictions, but he was improperly sentenced. Because the crimes occurred in 1992, he should have been sentenced under pre-2005 sentencing statutes but was not. The matter is remanded to the lower court for resentencing. Affirmed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: December 15, 2023, Case #: E2022-00525-CCA-R3-CD, Categories: evidence, Sentencing, sex Offender
J. Harris finds the trial court properly convicted defendant for the object rape and forcible sexual abuse of his 14-year-old stepdaughter. Though he argues the victim's testimony was improbable and there was insufficient evidence supporting the penetration element of the object rape charge, the testimony was not improbable and all evidence supports the convictions. Furthermore, nothing in the record supports defendant's claims of deficient performance of counsel. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 20210403-CA, Categories: evidence, sex Offender, Child Victims
J. Hudson finds the trial court properly convicted defendant for three counts of rape based on sufficient evidence. A minor child testified defendant, his babysitter, ordered the child to put his penis in his mouth, telling him not to reveal the event to anyone. Two years later, when the family moved, the child told his mother, who notified police. Evidence of defendant's prior sexual conduct with two other witnesses when they were minors was properly allowed under the pedophile exception and was not more prejudicial than probative. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: December 14, 2023, Case #: CR-23-223, Categories: evidence, sex Offender, Child Victims
J. Barrett finds the trial court properly convicted defendant for sexual assault. Defendant failed to exhaust peremptory challenges, and fails to show how having jurors’ addresses and phone numbers prejudiced him. Furthermore, testimony complained of as hearsay was allowed as background information for context, not as indicative of truth. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: December 13, 2023, Case #: CR-22-458, Categories: evidence, sex Offender, Child Victims
J. Mooney finds that the trial court properly admitted statements made by the victim that were used to convict defendant of sodomy and sexual abuse. “The fact that the victim’s circumstances closely mirrored the general principles [the forensic interviewer] described did not indicate whether she did or did not believe the victim.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: December 13, 2023, Case #: A176701, Categories: evidence, sex Offender, Child Victims
J. Hixson finds the trial court properly denied defendant's petition for postconviction relief from his conviction for rape based on sufficient evidence. Defendant's mostly consensual acts with the victim became aggressive, and although the victim told defendant to stop, he partly penetrated her vagina with his fingers and penis. Furthermore, defendant fails to demonstrate prejudice or a reasonable probability his sentence would have been different had his mother testified. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: December 13, 2023, Case #: CR-22-616, Categories: evidence, Sentencing, sex Offender
J. Gruender finds a lower court properly denied a defendant's motion to exclude evidence concerning his conditional guilty plea for producing an possessing child pornography. The defendant argued that he is entitled to relief for a warrantless search of his camera and memory card, which depicted child pornography that he uploaded onto the Internet. However, the government sufficiently showed in court that his 14- year-old daughter found a partially hidden camera in a bathroom that she frequently used to take showers, which justified the seizure under "exigent circumstances," and then turned the device over to her mother, who brought it to a police officer. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: December 12, 2023, Case #: 22-3092, Categories: evidence, sex Offender
J. Eklund finds that the trial court properly excluded testimony about other partygoers' consensual sexual activity on the night of the assault because the evidence had no relevance as to whether defendant raped the victims. Meanwhile, the victim's testimony regarding a prior accusation of sexual assault made against her stepfather, which she claimed was true, was properly admitted and verified; therefore, defendant's motion to admit extrinsic evidence about the veracity of the accusation was properly denied. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: December 11, 2023, Case #: 2023-Ohio-4488, Categories: evidence, sex Offender