343 results for 'cat:"Evidence" AND cat:"Sex Offender"'.
J. Womack finds the trial court properly convicted defendant for rape and sexual assault, sentencing him to life in prison. A series of accusations and law enforcement interviews led to defendant confessing to the rape of a developmentally challenged girl, the sexual assault of another, and the rape of two others. Defendant did not invoke his right to remain silent during the interviews, and the evidence was properly admitted. Arkansas rules of evidence state that evidence should not be excluded unless its probative value is outweighed by unnecessary repetition. Testimony of certain victims supported the confession and statements of other victims, contradicting defendant's claims they were lying. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: December 7, 2023, Case #: CR-23-84, Categories: evidence, sex Offender
J. Ryan finds defendant's conviction for gross sexual imposition in relation to the mail carrier he grabbed was not supported by sufficient evidence. The only force involved in the crime was the act itself; therefore, the conviction will be modified to sexual imposition. Furthermore, because the 2-year delay in prosecuting defendant's case was largely the result of pandemic-related continuances, his claim for speedy trial violations is meritless. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: December 7, 2023, Case #: 2023-Ohio-4413, Categories: evidence, sex Offender, Speedy Trial
J. Murphy finds the trial court properly convicted defendant for rape based on sufficient evidence. The victim, who was 7 years old at the time, complained to her 4th grade teacher that defendant, who she and her mother lived with, had regularly sexually assaulted her. Medical examination revealed certain physical injuries consistent with sexual assault. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: December 6, 2023, Case #: CR-23-186, Categories: evidence, sex Offender, Child Victims
J. Nordby finds that the trial court properly convicted defendant of sexual battery on a child under the age of 12 because admitting testimony from a friend who had convinced the victim to tell her mother about the abuse was not prejudicial and did not constitute fundamental error. Defendant contends the victim's friend testified that child molestation constituted "normalized behavior" in men such as defendant, but defendant failed to point to "improper bias" contained in the testimony, and the friend neither mentioned "child molestation" nor referred to defendant by name upon mentioning "normalized behavior." Meanwhile, stronger evidence had been presented when the victim directly testified about the abuse that occurred when she was 7 years old. Affirmed.
Court: Florida Courts Of Appeal, Judge: Nordby, Filed On: December 6, 2023, Case #: 1D2022-2485, Categories: evidence, sex Offender
J. Harrison finds the trial court properly convicted defendant for sexual indecency with a child. The parents of the 14-year-old discovered he had been having sex with an 18-year-old in her car. Although having intercourse with the 14-year-old was not illegal under state law, it was illegal for her to expose her vagina for sexual purposes to a minor younger than 15 years old. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 6, 2023, Case #: CR-23-125, Categories: evidence, sex Offender, Child Victims
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J. Stevens finds that the lower court properly convicted defendant of sodomy. Multiple witnesses testified that the victim was extremely intoxicated, rendering her incapable of giving consent to having sex with defendant. Further, the trial court did not err in admitting defendant's statement that his wife wanted a divorce because he "had a Facebook girlfriend," as this does not qualify as character evidence and says nothing about his propensity to have sex with unconsenting women. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 5, 2023, Case #: ED110967, Categories: evidence, sex Offender
J. Moore finds the trial court properly convicted defendant for first-degree sexual assault of a child. Defendant shared marijuana with his girlfriend's 14-year-old daughter, which caused her to feel sick. Defendant took her to her bedroom, where he kissed and fondled her. Evidence the victim was still visibly upset when she told her cousin on the same day supports the inference she was under stress and the statements were spontaneous. Defendant's counsel was able to examine alleged inconsistent statements and argue the victim was lying, and the jury was able to consider all testimony. Affirmed
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 5, 2023, Case #: A-23-251, Categories: evidence, sex Offender, Child Victims
J. Howe finds a lower court properly convicted a defendant for sexual conduct with a minor and aggravated assault. The defendant, who repeatedly sexually abused his daughter over a year and a half, argued that the lower court erred in imposing consecutive sentences of life in prison. However, the State presented sufficient evidence in court that he intentionally and knowingly committed his crimes against a child under 15. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Howe, Filed On: December 5, 2023, Case #: 1 CA-CR 22-377, Categories: evidence, sex Offender, Child Victims
J. Lynch finds the trial court properly allowed the victims' interview with personnel from the children's hospital to be admitted during defendant's trial on rape and sexual imposition charges. Although the interview took place more than a year after the abuse, the children had to that point received no medical treatment, which allowed its admission under the medical assessment hearsay exception. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: December 4, 2023, Case #: 2023-Ohio-4374, Categories: evidence, sex Offender, Child Victims
J. Mercier finds that the trial court improperly granted defendant's motion to suppress evidence of other acts related to defendant's alleged sexual assault of four prior victims. Defendant has been indicted for rape, sexual battery, false imprisonment and other offenses. The victims all say defendant sexually assaulted them while performing spiritual cleansing rituals. The prior alleged acts are very similar to the current alleged crime, occurred close in time to the charged offense and are necessary to show the victim's lack of consent. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: December 4, 2023, Case #: A23A1737, Categories: evidence, sex Offender
J. Veljacic finds that the lower court properly found that defendant is a "sexually violent predator." There was enough evidence on the record to support the findings that he fell under this definition, including evidence that he committed a "recent overt act." The lower court did improperly exclude certain evidence during proceedings as hearsay, but the error was harmless and did not influence the outcome of the findings. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: November 22, 2023, Case #: 56944-2-II, Categories: evidence, sex Offender
J. Greenholtz finds the lower court properly convicted defendant of two counts of aggravated sexual battery and two counts of rape of a child for acts against his neighbor’s child over a three-year period. Defendant argues an African-American juror was selected then excused as an alternate at the end of the trial, but the instant court finds no evidence to support an argument of intentional discrimination. Evidence is sufficient to support defendant’s convictions and effective 33-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: November 21, 2023, Case #: E2023-00209-CCA-R3-CD, Categories: evidence, Jury, sex Offender
J. Yegan finds the trial court properly convicted defendant for human trafficking of a minor for a commercial sex act involving force. Evidence found during the traffic stop, including condoms, feminine hygiene products, wigs, clothing, and text messages referring to prostitution and threats of abuse, was properly admitted and supports the conviction. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan , Filed On: November 20, 2023, Case #: B312618, Categories: evidence, sex Offender, Child Victims
J. Melloy finds a lower court improperly sentenced a defendant for failing to properly register as a sex offender. The government argued that the defendant is a Tier III offender for forced prostitution. However, the defendant presented sufficient evidence in court that he may be entitled to Tier I status based on the "realistic probability" that his forced prostitution offense only involved "over- the-clothes touching." Reversed.
Court: 8th Circuit, Judge: Melloy, Filed On: November 20, 2023, Case #: 23-1690, Categories: evidence, sex Offender, Prostitution
J. Gruender finds a lower court properly sentenced a defendant to 188 months in prison after a jury found him guilty of sexual abuse of a person who was physically incapable of declining participation. The defendant, who is a member of the Iowa based Meskwaki Nation of the Sac & Fox Tribe, argued that the lower court erred in failing to direct the jury to apply an intoxication instruction, based on his claims that he was too drunk to have assaulted the minor female. However, the government presented sufficient evidence in court that the defendant assaulted the child the next morning, and that he was most likely lucid during the assault. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: November 17, 2023, Case #: 22-3567, Categories: evidence, sex Offender, Assault
Per curiam, the appellate division finds that the trial court properly convicted defendant of sexual assault against a child because the victim's testimony about lyrics from a song that had been playing during the assault helped confirm the event, and the court did not abuse its discretion by allowing the mother of one of the victims to testify. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 22-01638, Categories: evidence, sex Offender
J. Ervin-Knott finds that defendant was properly sentenced to 25 years imprisonment on his home invasion conviction. Defendant walked around the victim's house "at ease" before entering the house and attacking the elderly victim. Defendant pushed the victim down on the couch, threatened to rape her and kill her family if she did not give him money, and exposed his genitals to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: November 17, 2023, Case #: 2023-KA-0453, Categories: evidence, Sentencing, sex Offender
J. Welbaum finds the Puss in Boots DVD and Minecraft UNO card game found in defendant's vehicle were sufficient for the lower court to find he violated the condition of his community control sanction that prohibited him from owning children's games or toys and allowed it to revoke his original sentence and impose a prison term. However, because the lower court relied on inaccurate information when it imposed its 30-month sentence, including that defendant had a prior felony sex conviction, that sentence must be vacated and the case remanded for proper analysis of the sentencing factors. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: November 17, 2023, Case #: 2023-Ohio-4157, Categories: evidence, Sentencing, 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
J. Gomez finds that the trial court failed to support a $100,000 restitution order with findings about the impact of defendant's sex offenses on his son, and instead applied its own experience from similar cases. The bar is low, and the victim is not required to testify, but a statement the victim made to investigators, or a statement by a treating physician, therapist or someone with personal knowledge of the victim impact is required. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: November 14, 2023, Case #: A164374, Categories: evidence, sex Offender, Restitution