335 results for 'cat:"Evidence" AND cat:"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
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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
J. Gravois finds that defendant was properly convicted of third degree rape upon a known juvenile. The state properly admitted defendant's video-recorded statement, where he admitted to knowing and staying with the victim's grandmother when the rape occurred. Defendant was given notice of the statement five days before the start of trial because the state only became aware of the statement at that time. Further, defendant does not show how the video prejudiced him because the state's witnesses corroborated the evidence in the video. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 8, 2023, Case #: 23-KA-103, Categories: evidence, sex Offender
J. Pirtle finds the trial court properly convicted defendant for three counts of sexual assault of his minor cousin. A resource officer at the victim’s school called child protective services after the victim emailed her a photo of herself crying, stating that defendant had beat her up. The victim was then removed from her home after other evidence came to light, and placed with the resource officer, who noticed a change in the victim’s behavior when around her husband. The officer asked if someone had touched her inappropriately and the victim pointed out defendant. All evidence supports conviction and defendant has not preserved objections to the state’s motions for appellate review. Ineffective assistance claims fail for lack of proof. The record is insufficient on direct appeal. Affirmed
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: November 7, 2023, Case #: A-22-973, Categories: evidence, sex Offender, Child Victims
J. Moore finds the county court properly denied defendant’s motion for postconviction relief without an evidentiary hearing from his no contest conviction for generation of child porn. The victim and multiple witnesses testified that defendant pulled the victim’s clothing away from her breasts and vagina while recording with a green cell phone in a public park. Defendant was arrested on a different warrant during a traffic stop and a warranted search was conducted on his green cell phone, revealing a recording of the assault. All evidence supports conviction and any motion to suppress would not have been successful. There is no obligation to engage in unneeded analysis and there was no error in denying defendant’s motion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: November 7, 2023, Case #: A-22-789, Categories: evidence, sex Offender, Child Pornography
J. Horton finds the trial court properly convicted defendant for the sexual assault of his daughters. Though the trial court excluded evidence that a daughter had made a claim of sexual misconduct committed by another man which was later recanted as false, exceptions to the rule governing such evidence exclusion don’t automatically trigger examination on matters not shown to be relevant to possible bias. Defendant failed to establish error in the court’s ruling that the victim could not be questioned on the accusations. All evidence supports the convictions, and right to confrontation does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: November 1, 2023, Case #: 09-22-00286-CR, Categories: evidence, sex Offender, Child Victims
J. Murphy finds the trial court properly found defendant guilty of multiple rapes of his step-granddaughter. The girl disclosed to her school counselor that defendant had repeatedly raped her, and her mother testified that her daughter was diagnosed with clinical anxiety between the ages of five and six. The child testified that when she was four or five, defendant performed oral sex on her while she watched Frosty the Snowman, among other events of oral and vaginal copulation. She described her experiences as painful, including that defendant told her to “shut the fuck up and take it” when she complained. Though certain testimony by another victim addressed instances from 30 years ago, this propensity evidence is subject to a “pedophile exception” allowing admittance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-22-392, Categories: evidence, sex Offender, Child Victims
J. Wicker finds that defendant was properly convicted for possession of pornography involving juveniles under the age of thirteen. In this case, over 2,000 images and videos involving child pornography were found on his phone, and a detective testified that the images and videos at issue were downloaded over a period of time from July 2018 to October 2018. Therefore, defendant's contention that a former girlfriend "set him up" and downloaded the photos is without merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: October 31, 2023, Case #: 23-KA-85, Categories: evidence, sex Offender
J. Higginson finds the trial court properly convicted defendant for three counts of juvenile molestation. Defendant’s adult daughters, who were molested by him as juveniles, contacted the Department of Children and Family Services and law enforcement when they discovered that their father had remarried and was living in a house with young children. Interviews with the children revealed that they had been molested. The evidence presented is sufficient for conviction. Defendant’s explanations for his behaviors as intended to help the children go the restroom do not concur with the facts and are properly rejected. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 31, 2023, Case #: 21-30638, Categories: evidence, sex Offender, Child Victims
J. Decker finds the lower court properly convicted defendant of two counts of aggravated sexual battery of a minor under the age of thirteen for committing multiple sex offenses against his stepdaughter. Defendant argues the lower court should have granted his motion to suppress statements he made to law enforcement after his arrest, citing his poor English comprehension as a violation of his Miranda rights. But the prosecutor demonstrated that in prior legal matters involving defendant, he had neither requested nor used an interpreter; and after viewing the interview video, the lower court found defendant was able to sufficiently understand and communicate in English. The instant court finds defendant's statements were knowingly and voluntarily given and the lower court’s denial is proper. Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: October 31, 2023, Case #: 0748-22-2, Categories: evidence, Miranda, sex Offender
J. Atkins finds that defendant was properly convicted of second degree rape. The evidence shows that the victim did not consent to sexual intercourse with defendant during their date. The victim testified that before leaving a music venue on their date, she told defendant multiple times that she did not want to have sex and only consented to going to his condominium to eat. The victim told defendant "no" multiple times as he aggressively kissed her, attempted to take off her clothes, and forcefully penetrated her against her will. Further, there was testimony from another victim, detailing a sexual assault that was similar to the current case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: October 30, 2023, Case #: 2022-KA-0628, Categories: evidence, sex Offender
J. Birk finds that the lower court improperly convicted defendant for indecent liberties based on a charge he had sexual contact with a woman who was incapable of giving consent. There were too many elements during the proceedings that injected prejudice against defendant, such as the lower court's move to admit evidence that defendant made prior advances on the woman and refused to exclude inconsistent statements made by a government witness. Reversed.
Court: Washington Court Of Appeals, Judge: Birk, Filed On: October 30, 2023, Case #: 83386-3-I, Categories: evidence, sex Offender
J. Forbes finds that defendant's removal of the victim's clothing prior to and during the sexual assault constituted the use of force and, when combined with the results of the victim's rape kit, was sufficient for the jury to convict him of rape. Meanwhile, even though the prosecutor's questions to defendant about his semen and DNA being found in the victim's vagina were improper because the state did not present any DNA evidence during its case, they did not prejudice the jury or affect the outcome of the trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: October 26, 2023, Case #: 2023-Ohio-3870, Categories: evidence, Prosecutorial Misconduct, sex Offender
J. Hess finds the trial court properly allowed defendant's videotaped confession to be played at his trial on rape and gross sexual imposition charges. Other evidence, including testimony that he engaged in various sexual acts while the victim was impaired by medication, established the essential elements of the charges. Meanwhile, defendant's admission in the confession that the victim "didn't know what she was doing" and was "in and out of it" because of the medication established she was not able to consent and was substantially impaired; therefore, his convictions were supported by sufficient evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: October 25, 2023, Case #: 2023-Ohio-3945, Categories: evidence, sex Offender
J. Greer finds that defendant was properly convicted of sexually abusing his daughter after he plied her with wine, assaulted her, and choked her while they were in her dorm room as supported by the evidence and testimony from a resident advisor. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: October 25, 2023, Case #: 22-1079, Categories: evidence, sex Offender
J. Barrett finds the trial court properly convicted defendant for the rape of his wife and domestic battery. Video evidence shot by the wife shows that defendant became upset when he found that his wife texted photos of her children to her ex-husband, the children’s father. The confrontation led to accusations of his watching porn, which led to the assault that included defendant’s inserting his fingers into his wife’s vagina. All evidence supports the convictions and the court properly denied defendant’s motion to included evidence of his wife’s prior sexual conduct. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 25, 2023, Case #: CR-22-814, Categories: evidence, sex Offender, Battery
J. Murphy finds that the lower court properly convicted defendant of sexual abuse of a child. Defendant argues on appeal that the lower court improperly admitted testimony regarding child sexual abuse disclosures and that those testimonies injected prejudice against him during proceedings, but the testimony was relevant to the case and was helpful to the jury as they made their findings. The lower court, as a result, had every right to allow the challenged testimony during trial. Affirmed.
Court: 10th Circuit, Judge: Murphy , Filed On: October 24, 2023, Case #: 22-5056, Categories: evidence, sex Offender
J. Kennedy finds the appeals court erroneously vacated defendant's conviction for gross sexual imposition because the victim's blindness constituted a substantial impairment under Ohio law that prevented her from defending against unwanted contact. Although the facility at which defendant worked and the victim lived was an independent living facility and defendant's interactions with the victim were limited, he knew she was blind and testified he understood she had poor hygiene and had soiled her pants prior to their sexual contact, all of which allowed a reasonable jury to infer defendant was aware of the victim's disabilities and inability to consent. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 2023-Ohio-3800, Categories: evidence, sex Offender
J. Danner finds that the trial court properly overruled defendant's objection to the state's use of a peremptory challenge to a Black juror. It was also within its discretion to admit testimony from a defense character witness whose daughter disclosed midtrial that defendant had molested her. Affirmed.
Court: California Courts Of Appeal, Judge: Danner, Filed On: October 23, 2023, Case #: H050117, Categories: evidence, Jury, sex Offender
J. Hixson finds the trial court properly convicted defendant for two counts of sexual assault, sentencing him to two concurrent 10-year prison terms. A victim testified that when she was spending the night at her friend’s trailer, she observed defendant — her friend’s mother’s boyfriend, who had been drinking — hovering over the friend, who was asleep. She kicked the friend to wake her, and the friend testified that when she woke that she recognized that it was defendant who had undone her bra and lifted her shirt due to the smell of alcohol and cologne he wears. The minors went outside and called the mother several times, who then called police. All evidence supports the conviction. The trial court lacked authority to require Alcohol Anonymous attendance for defendant, and the sentencing order is remanded for correction. Affirmed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 18, 2023, Case #: CR-22-263, Categories: evidence, sex Offender, Child Victims
J. Perry finds that defendant was properly convicted and sentenced on counts of pornography involving juveniles under age thirteen. There was sufficient evidence to support the jury's conclusion that the pornography found on defendant's computer was his and not that of a different individual who had been at his apartment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: October 18, 2023, Case #: KA-23-95, Categories: evidence, sex Offender