335 results for 'cat:"Evidence" AND cat:"Sex Offender"'.
J. Harrison finds the trial court properly convicted defendant for two counts of rape. The state presented evidence that defendant had adopted his wife’s daughter when she was 12 years old and began sexually abusing her. The abuse progressed to intercourse and continued until the child was 17. Defendant’s assertions, that the evidence is insufficient without forensic or physical evidence to support the victim’s allegations, were not preserved for review. His questions regarding credibility, alleging that the 12-year-old victim had been the aggressor, forcing or intimidating him into having sex with her, are also not preserved. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 18, 2023, Case #: CR-22-516, Categories: evidence, sex Offender, Child Victims
J. Welch finds that defendant was properly convicted on counts including first degree rape of a victim under age thirteen and molestation of a juvenile. Defendant argued that the testimony from the expert regarding one of the victims "invaded the province of the jury," but the challenged testimony was harmless, and the admonition to the jury sufficiently cured the prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: October 18, 2023, Case #: 2023KA0221, Categories: evidence, sex Offender, Experts
[Consolidated.] J. Golemon finds the trial court properly convicted defendant for continuous sexual abuse of a child and sexual assault of a child. A victim testified that her stepfather started molesting her when she was 11, and that when she was 16, she told her grandmother about the abuse. She also testified that he sexually abused her sister. All evidence supports the conviction. Defendant opened the door to the admissibility of a video showing him assault the victims’ brother when he, representing himself, questioned the victim about why she did not tell authorities about anything other than sexual acts occurring at the house. Defendant’s objections at trial do not comport with his arguments on appeal and the issues are not preserved. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 18, 2023, Case #: 09-22-00429-CR, Categories: evidence, sex Offender, Child Victims
J. Barrett finds the trial court properly convicted defendant for the rape of his eight-year-old daughter who, after a lesson on personal safety at her school, reported ongoing abuse. Evidence obtained through forensic interview and medical examination, including DNA evidence, supports the conviction. After deliberating, the jury sent a note saying that the vote was 11–1. Both the prosecutor and defense counsel agreed to the court’s sending a note back asking the jury to continue deliberation, which then returned a unanimous guilty verdict, confirmed by polling. No motion for mistrial was made. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 18, 2023, Case #: CR-22-674, Categories: evidence, sex Offender, Child Victims
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J. Smith finds the trial court properly convicted defendant for sex trafficking of a child. Defendant met the 16-year-old victim online and invited her to smoke marijuana. He checked her into an extended stay hotel after she complained of her home life, so he kept her drunk and high, had sex with her and “pimped” her out. She left the hotel and told her mother of being trafficked. Forensic evidence and evidence from a police lineup support the conviction. The jury did not need expert testimony to interpret electronically extracted evidence taken from defendant’s cell phone. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: October 13, 2023, Case #: 22-10316, Categories: evidence, sex Offender, Child Victims
J. Kemp finds the trial court properly convicted defendant for multiple counts of rape, sexual assault and sexual indecency with five victims between the ages of eight and 11, sentencing him to two life terms in prison. Forensic interview and examination of the victims supports the convictions. Statements made by one of the victims to a family friend about her parents trading the victims for sex and drugs and about the alleged sexual conduct between the girls, their father and their brother are highly inflammatory and outweigh any probative value regarding the victims’ sexual propensities. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: October 12, 2023, Case #: CR-22-461, Categories: evidence, sex Offender, Child Victims
J. Briscoe finds the lower court properly convicted defendant of attempted aggravated sexual abuse for acts against a friend during an overnight stay in a hotel room. Evidence is sufficient to support his conviction and enhanced sentence of 72 months imprisonment with five years of supervised release and a requirement to register as a sex offender. The lower court did not abuse its discretion by excluding the testimony of defendant’s expert witness, as his testimony was primarily common knowledge. Affirmed.
Court: 10th Circuit, Judge: Briscoe, Filed On: October 12, 2023, Case #: 22-7025, Categories: evidence, sex Offender, Experts
J. Ceresia finds that defendant was improperly convicted of coercing his girlfriend's 13-year-old daughter into "flashing" her breasts to him because the indictment charged defendant with coercing the girl into sending him explicit photos, which was not an element of the alleged interaction. However, defendant was properly convicted of sexual abuse and endangering the welfare of a child. Revesrsed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 12, 2023, Case #: 113217, Categories: evidence, sex Offender, Child Victims
[Consolidated.] J. Horton finds the trial court properly convicted defendant for indecent sexual acts with a child. Defendant was a longtime friend of the eight-year-old girl’s family before other family members noticed that she behaved nervously around him. When asked about this behavior, the child told many family members of various types of sexual abuse perpetrated by defendant. Forensic interview corroborated the necessarily detailed stories. The jury was free to believe or disbelieve the various testimonies and the appellate court will not reweigh the evidence. No abuse of discretion is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 11, 2023, Case #: 09-22-00230-CR, Categories: evidence, sex Offender, Child Victims
Per curiam, the appellate court finds the trial court properly convicted defendant for continuous sexual abuse of his 10-year-old daughter. All evidence, including forensic examiner testimony that the child had been vaginally and anally penetrated support the conviction. Defendant’s mother testified that she observed inappropriate behavior and was thrown out of the house when she confronted him. The victim’s half-sister testified that defendant began touching her when she was in elementary school, eventually having intercourse with her and impregnating her when she was 14 and giving her abortion pills. Counsel’s motion to withdraw is granted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 6, 2023, Case #: 12-22-00240-CR, Categories: evidence, sex Offender, Child Victims
J. Hixson finds the lower court properly convicted defendant of two counts of violation of the Child Protection Act, four counts of rape of a child and two counts of aggravated sexual battery for acts against his wife’s grandchildren. Despite his claims, defendant did not establish that his representation by trial counsel was deficient, and is not entitled to relief. Evidence is sufficient to support his convictions and effective 50-year sentence to be served in the Department of Correction. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: October 6, 2023, Case #: M2022-01347-CCA-R3-PC, Categories: evidence, Ineffective Assistance, sex Offender
J. Pohlman upholds the convictions of a man who drunkenly and angrily raped his girlfriend after choking her to unconsciousness in front of their two-year-old daughter. There was no abuse of discretion from the trial court when it withheld video of defendant’s police interview and denied his motions for mistrial and new trial. Neither was his counsel’s assistance ineffective to the extent that it prejudiced him. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: October 5, 2023, Case #: 2023 UT 22, Categories: evidence, sex Offender, Assault
J. Clark finds defendant's conviction for risk of injury to a child was supported by sufficient evidence, including the 3-year-old victim's claim he touched and hurt her vagina and buttocks, as well as the mother's testimony the victim appeared scared when she returned home and had a shiny substance on her vagina, which corresponded to an empty jar of Vaseline in the home. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: October 5, 2023, Case #: AC45243, Categories: evidence, sex Offender, Child Victims
[Consolidated.] J. Doyle finds that the trial court improperly granted in part defendant's motions to suppress evidence obtained from his cell phone. Defendant was indicted for rape. The trial court incorrectly found that police lacked probable cause to search defendant's phone for anything other than communications between him and the victim. The initial seizure of defendant's phone during a police interview was authorized because police had reason to believe defendant or someone else could delete or alter data. The four-month delay between the initial seizure of the phone and the issuance of the second, more narrow search warrant was not unreasonable. The first warrant was obtained within two days of the seizure. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 4, 2023, Case #: A23A0939, Categories: evidence, Search, sex Offender
J. Golemon finds the trail court properly convicted defendant for sexual assault. Defendant’s request for substitution of counsel was properly denied, as counsel was prepared at the scheduled trial and defendant’s proposed attorney was unavailable. The case had been delayed several times and rescheduling would interfere with the fair administration of justice. Extraneous offense evidence was properly admitted, and defendant has failed to prove ineffective assistance. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 4, 2023, Case #: 09-22-00066-CR, Categories: evidence, sex Offender, Due Process
J. Kamins finds the trial court properly admitted testimony describing a three-year-old sexual abuse victim’s statements to his parents and to a physician during a medical examination conducted shortly after the sexual abuse. The child’s statements to the doctor “were duplicative of and corroborated by his identical statements to his parents, who described the statements at trial without objection.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: October 4, 2023, Case #: A177244, Categories: evidence, sex Offender, Child Victims
J. Welch finds the trial court properly convicted defendant for sexual assault. The college freshman victim accused defendant of sexual assault occurring at a birthday party in a trailer park. A medical examination revealed signs of assault and defendant was arrested. All evidence, including witness testimony as well as DNA evidence supports the conviction. Challenges to evidence are not preserved for review. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: October 3, 2023, Case #: A-22-771, Categories: Dna, evidence, sex Offender
J. Seeley finds the trial court properly denied defendant's motion to dismiss a charge of second-degree sexual assault. His continued involvement with the high school soccer team, including participation at a workout and attendance at an awards banquet, created an issue of fact for the jury as to whether he was a school employee at the time he engaged in a sexual relationship with a player on the team. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: September 29, 2023, Case #: AC45314, Categories: evidence, sex Offender
J. Soud finds the trial court properly convicted defendant of sexual battery and trespass and sentenced him to 10 years' imprisonment in a case in which he was alleged to have sneaked into the victim's residence in the middle of the night and sexually battered her while she believed she was having intercourse with her boyfriend. Although the trial court erred by excluding evidence of defendant's two prior consensual sexual encounters with the victim under Florida's rape shield law, the error was harmless because the trial record shows defendant's credibility with jurors "was severely diminished" under the weight of other evidence as compared to the credibility of the victim's account. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: September 29, 2023, Case #: 22-1890, Categories: evidence, sex Offender, Battery
J. Thompson finds that defendant was properly convicted of indecent behavior with a juvenile and sentenced to life imprisonment as a fourth felony habitual offender. Defendant had previously been convicted of the same crime as well as obscenity charges involving child victims. The evidence establishes that defendant was known in the community as a threat to children due to his behavior. Further, the state introduced evidence of defendant's habitual offender status, including testimony by a detective and a photograph of defendant from his probation and parole records for his 2015 obscenity charges. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: September 27, 2023, Case #: 55,260-KA, Categories: evidence, sex Offender
J. Cox finds that defendant was properly convicted of first degree rape when the victim is under the age of 13 for the sexual abuse of his stepdaughter. The victim testified that defendant called her into his room from the time she was four or five years old until she was 12 years old and stated that he would rub between her legs up to her vagina, put his body against hers, and put his penis inside her vagina. The victim's sister testified that defendant and the victim would spend time alone in his room with the door closed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,268-KA, Categories: evidence, sex Offender
J. Stevens finds that the lower court properly entered a dispositional order following an adjudication of delinquency on a juvenile male's charges of sexual assault of a female classmate at his brother's home. This court cannot reweigh, as the juvenile requests, the lower court's credibility determinations of the evidence presented. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 26, 2023, Case #: J-S24038-23, Categories: evidence, sex Offender, Assault
J. Wheelock affirms the district court's denial of the defendant's motion to exclude his therapist's report and testimony, and finds that it did not abuse its discretion in excluding the defendant's evidence regarding the phase of the moon at the time he had sex with a babysitter, who he claims was 18 at the time, and a related text message exchange. While the babysitter was 18 at the time his therapist reported suspected maltreatment, Minnesota's mandated-reporter statute requires that therapists make maltreatment reports if they have reason to believe that a child has been maltreated while still a minor, regardless of whether the child has since reached the age of minority. Any error in the exclusion of the defendant's evidence was harmless. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Wheelock, Filed On: September 18, 2023, Case #: A22-1349, Categories: evidence, sex Offender, Child Victims
J. Miller finds that defendant was properly convicted of indecent behavior with a juvenile and sexual battery. The evidence of defendant's 2019 conviction for indecent behavior with a different juvenile victim was properly admitted based on its probative value. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: September 15, 2023, Case #: 2023KA0086, Categories: evidence, sex Offender