335 results for 'cat:"Evidence" AND cat:"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
[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. 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Hagen finds that the trial court improperly rejected defendant's petition of factual innocence. Her conviction was based on her son's uncorroborated testimony of sexual abuse. The trial court must examine the relevant circumstances of the recantation to determine if it is complete and unequivocal and whether the son is credible. If credible, it is sufficient to prove factual innocence under the clear and convincing standard of evidence.
Court: Utah Supreme Court, Judge: Hagen, Filed On: September 14, 2023, Case #: 20210330, Categories: evidence, sex Offender
Per curiam, the Twelfth District finds the trial court properly convicted defendant for aggravated sexual assault of a child. Defendant’s daughter caught her father in that act of performing oral sex on her 13-year-old son. She instructed him not to shower and took him to the hospital the next morning. Though she lost custody of her children, her corroborated testimony and forensic evidence support the conviction. No reversible error is found. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 6, 2023, Case #: 12-22-00117-CR, Categories: evidence, sex Offender, Child Victims
J. Brown finds the trial court properly convicted defendant for the rape of his daughter. The 12-year-old reported to her school counsellor that she was having suicidal ideations, which led to a medical evaluation during which she reported abuse occurring from her father's insisting on helping her bathe. Videos found in defendant's possession, showing an older man coaxing a younger girl into showing off her body and then into sexual intercourse, and two minors engaged in multiple sexual acts with a much older man were properly introduced to show his proclivity toward younger females. All evidence supports conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 6, 2023, Case #: CR-22-286, Categories: evidence, sex Offender, Child Victims
J. Thyer finds the trial court properly convicted defendant for the rape of his 12-year-old daughter. The minor child told her aunt about the father's digitally penetrating her vagina on a camping trip as well as his punishing of her when she resisted him. After the aunt confronted her brother, she took the child to give a statement to police. All evidence supports the conviction. An email defendant sent his wife from jail, stating, "hopefully they dont actually charge me with rape or i will get some serious time, hopefully i get to see ya tomorrow so i can wreck that booty hole...", though open to interpretation, was properly admitted as the jury's responsibility to determine. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: September 6, 2023, Case #: CR-22-612, Categories: evidence, sex Offender, Child Victims
J. Wood finds the trial court properly convicted defendant for rape and sexual assault of his 7-year-old granddaughter. The child had stayed with her grandparents for some time before her parents began noticing that she did not want to leave their sides and had begun to experience pain or difficulty urinating, as well as bed-wetting. After defendant claimed that he removed a tick from the girl's private area, she explained that he had touched her several times. The child's testimony that defendant touched her “privates” multiple times provides substantial evidence of sexual gratification sufficient to support the convictions. The weight of testimony concerning access to defendant's computer, which contained searches for “does masturbation cause precocious puberty” and “precocious erotic stories" was properly left to the jury to decide. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 6, 2023, Case #: CR-22-224, Categories: evidence, sex Offender, Child Victims
J. Carpenter finds the trial court erroneously denied defendant's motion to dismiss indecent liberties with a child charges. There was insufficient evidence to support all three charges, given the testimony established defendant kissed the victim once outside his van and then again after the two were inside the vehicle. Therefore, one of defendant's convictions will be vacated and the case will be remanded for resentencing. Reversed in part.
Court: North Carolina Court of Appeals, Judge: Carpenter, Filed On: September 5, 2023, Case #: COA22-822, Categories: evidence, sex Offender, Child Victims
J. Neeley finds the trial court properly convicted defendant for sexual assault of his 16-year-old niece. Though defendant’s mother told police that her son confessed and “repented,” but that she doesn’t think he is guilty, and the victim’s mother testified that she doesn’t believe her daughter’s allegations in spite of the confession, a forensic interviewer testified that the victim is believable. Because defendant testified that the victim lied, his credibility was at issue, and his immigration status was relevant as a possible motive for lying. The state presented strong evidence of guilt, including the victim’s and her mother’s testimony that defendant apologized for the assault. Defendant also fails to demonstrate a reasonable probability that, but for counsel’s errors, the result would have been different. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: September 1, 2023, Case #: 12-22-00148-CR, Categories: evidence, sex Offender, Child Victims
J. Palafox finds a lower court did not err in denying habeas corpus relief and a new hearing to a convicted sex offender. Though that sex offender has already completed his sentence, he argues he is nonetheless "restrained by lifetime sex offender registration" and had ineffective counsel and is actually innocent. However, he has not "brought forward newly discovered affirmative evidence that unquestionably establishes his innocence." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: September 1, 2023, Case #: 08-22-00237-CR, Categories: evidence, Habeas, sex Offender
J. Hoyle finds the trial court properly convicted defendant for unlawfully disclosing intimate visual material, sentencing him to 365 days in confinement. Several courts have concluded that there is no First Amendment question, and the appeals court adopts the view. Though defendant says that the state failed to prove his ex-girlfriend had a reasonable expectation of privacy, his own actions reveal that he knew the video of her masturbating was meant to remain private. He sent the video to 84 people only after they broke up and she ghosted him on social media. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: September 1, 2023, Case #: 12-22-00306-CR, Categories: evidence, sex Offender, Technology
J. Brown finds that defendant was properly convicted of third degree rape. The victim was properly allowed to testify about her speculation that she had been drugged by defendant despite the results of her toxicology report showing that there were no date rape drugs in her system. The record shows that the jury was informed that the victim had no formal education in toxicology and that the basis of her knowledge was from television. Further, the jury was clearly aware that the toxicology results did not show the presence of a date rape drug. Also, an expert was properly allowed to testify as to how much alcohol the victim had in her system at the time the rape occurred because the expert was qualified as an expert in toxicological analysis, and there was sufficient evidence to support that there was a ten-hour window between the victim's last drink and the time she submitted to a forensic exam. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: August 31, 2023, Case #: 2023-KA-0040, Categories: evidence, sex Offender
J. Easterly upholds defendant's sexual abuse while armed and kidnapping while armed convictions. The trial court's refusal to grant defendant sanctions for the loss of photos of the victim taken by nurse following the rape or limit the admission of prior consistent statements under the report of rape rule was harmless. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: August 31, 2023, Case #: 19-CF-0117 , Categories: evidence, sex Offender
J. Harrison finds the trial court properly convicted defendant for the rape of a three-year-old girl. The child’s older sister and mother testified that when they were staying with the mother’s sister, the victim stated that her private area hurt and that defendant, who lived with the sister, “scratched” her there. Forensic examination and interview confirmed injuries around and within the girl’s vagina as well as the consistency of her story. All evidence supports conviction. Defendant’s arguments have not been preserved for review and cite no authority. Counsel's motion to withdraw based on a “no-merit” appeal is granted. Certain illegally assessed costs are modified, as well as counsel’s characterization of the appeal as without merit. An attack on an illegal sentence is not a no-merit appeal. Affirmed as modified.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: August 30, 2023, Case #: CR-22-179, Categories: evidence, sex Offender, Child Victims
J. Jacobs finds a lower court properly convicted a defendant for sexual exploitation of a minor, but erred in denying his motion to suppress certain evidence. The State argued that the defendant's conviction was reasonable after he was caught communicating with an alleged minor female, which included statements that he was "definitely cool" to meet up to see her "sexy ass," and that he was willing to cross State lines to do so. However, the defendant presented sufficient evidence that the government committed reversible error when it admitted "other-act evidence" in court. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Jacobs, Filed On: August 29, 2023, Case #: 1 CA-CR 22-305, Categories: evidence, sex Offender
J. Pickering finds the trial court properly convicted defendant of several counts of lewdness and sexual assault of the 10-year-old daughter of a family friend. During a period when the family struggled with homelessness, defendant allowed them to stay in his motel room, during which he forced the child to fellate him, and penetrated her vaginally and anally with his penis, fingers, and a Sharpie pen. A child victim's testimony is sufficient for conviction if the testimony has accurate detail, and the jury found the witnesses credible and the testimony convincing. The state did not dwell on erroneously admitted evidence, and the instructional error as to lewdness was not material. Affirmed in part.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: August 24, 2023, Case #: 83316, Categories: evidence, sex Offender, Child Victims