11 results for 'cat:"Criminal Procedure" AND cat:"Child Victims"'.
J. Lynch finds that the decision must be withheld in defendant's appeal from convictions of sexual abuse and endangering the welfare of a child for having sexual contact with a 7-year-old. Under intervening precedent, the matter must be remitted for appointment of a special prosecutor due to a conflict of interest, as the chief assistant district attorney on the appeal previously served as confidential law clerk to the presiding judge in the underlying trial.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: May 16, 2024, Case #: 113301, Categories: criminal Procedure, child Victims
J. Bunn grants the state's writ seeking an order prohibiting enforcement of the lower court's order dismissing a six-count indictment charging defendants, a Monongalia County couple, with child abuse, and neglect causing bodily injury of two of their three adopted children stemming from excessive corporal punishment. The since-retired judge exceeded her authority in granting the defense's motion to dismiss the indictment due to the "numerous hours of testimony" she heard in the related abuse and neglect case resulting in termination of the couple's parental rights.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: May 3, 2024, Case #: 23-155, Categories: criminal Procedure, child Victims
J. St. Eve finds that the lower court properly convicted singer R. Kelly of sexually abusing underage girls, and of child pornography for videotaping his sex acts with his victims. Under current law, there is no statute of limitations for sex crimes against children. Although R. Kelly's abuse of his victims took place in the 1990s and 2000s, he is not entitled to the application of an earlier version of the statute with a shorter limitations period. The PROTECT Act of 2003 unambiguously applies retroactively to R. Kelly's crimes. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 26, 2024, Case #: 23-1449, Categories: criminal Procedure, Sex Offender, child Victims
[Consolidated.] J. Bowes finds that the lower court improperly found that defendants’ convictions pursuant to the North Carolina statute proscribing taking indecent liberties with children obligated them to register as sex offenders in Pennsylvania. The state failed to establish that defendants’ out-of-state convictions would be similar to Pennsylvania convictions that require registrations. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: December 1, 2023, Case #: J-A02020-23, Categories: criminal Procedure, Sex Offender, child Victims
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Per curiam, the circuit finds that the district court properly convicted defendant of sex trafficking a minor and inducing her to engage in sexually explicit conduct. Defendant challenged venue in one of two New York City districts, since he operated from one venue and the victim was from the other, but evidence indicates his repeated communications to induce and solicit her participation reached her in the southern district in Manhattan. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-287-cr, Categories: criminal Procedure, Sex Offender, child Victims
J. Tabor finds that defendant was properly convicted of assault with intent to commit sexual abuse after sexually assaulting his daughter more than 20 times because the state’s failure to request lesser included offenses before its closing argument did not prevent the district court from considering such in reaching the verdict. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: September 27, 2023, Case #: 22-1316, Categories: criminal Procedure, Sex Offender, child Victims
[Consolidated.] J. Henderson finds the trial court erroneously dismissed child abuse by endangerment charges against defendants when they were charged with operating a vehicle while intoxicated with a minor. A prosecutor has discretion to bring both charges when the facts of a case support them. Although the general/specific statutory rule requires a more specific charge be used when two criminal charges conflict, the two in this case have plainly different elements that allowed the prosecution to bring them against both defendants who appealed to this court. Reversed.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: August 21, 2023, Case #: A-1-CA-40129, Categories: criminal Procedure, Dui, child Victims
J. Fischer finds that the lower court properly denied defendant's motion for a new trial on charges of child molestation. A written judgment of conviction was entered into the record, albeit more than eight months after the final judgment. This tardy entry does not divest the court of appellate jurisdiction. There is no merit to defendant's claim that the trial court erred by failing to exclude expert witness testimony. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: June 13, 2023, Case #: SC99913, Categories: criminal Procedure, child Victims