9 results for 'cat:"Evidence" AND cat:"Ineffective Assistance" AND cat:"Sex Offender"'.
J. Van Cleef uphold the trial court’s judgment of a life sentence for aggravated sexual assault and family violence “occlusion,” which requires enhanced penalties under Texas law for choking the victim, a mother of three young children. The trial court properly allowed the victim to testify about the defendant’s prior conviction and allowed a state witness to testify about the victim’s truthfulness. Furthermore, the conviction is supported by sufficient evidence, including the victim's detailed testimony that defendant would force her to brush his teeth and bathe him after he raped and sodomized. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 24, 2024, Case #: 06-23-00128-CR , Categories: evidence, ineffective Assistance, sex Offender
J. Smith finds the witnesses' close relationships to the victim and minor variations in their testimony does not render defendant's sexual imposition conviction against the weight of the evidence. The testimony established all elements of the offense, while the jury was in the best position to determine the witnesses' credibility. Meanwhile, because defendant's girlfriend was not present at the time of the assault, his attorney's failure to call the woman as a witness did not constitute ineffective assistance, as her testimony would not have included any relevant evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: April 22, 2024, Case #: 2024-Ohio-1678, Categories: evidence, ineffective Assistance, sex Offender
J. Bell finds the trial court improperly denied defendant's postconviction petition for a writ of habeas corpus. Defendant was convicted for multiple counts of sexual assault upon one person. His appellate counsel's omission of a sufficiency challenge fell below an objective standard in that he evoked precedent providing a change in sexual position is insufficient to show the acts constitute more than one offense without challenging the convictions for the same offense. Because the sufficiency challenge stood a reasonable probability of success, defendant was prejudiced by counsel's omission. Reversed in part.
Court: Nevada Supreme Court, Judge: Bell , Filed On: April 4, 2024, Case #: 85887, Categories: evidence, ineffective Assistance, sex Offender
J. Orme finds that the jury had sufficient evidence to infer that defendant was reckless enough about the victim's lack of consent to support a conviction for aggravated sexual assault. Counsel's decision not to have defendant's girlfriend corroborate his story was not the best practice but it was not objectively unreasonable enough for an ineffective assistance claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 7, 2024, Case #: 20200720-CA, Categories: evidence, ineffective Assistance, sex Offender
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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. Neeley finds the trial court properly convicted defendant for attempted sexual assault. The victim testified that she was sitting on a public bench when defendant pinned her against a fence and attempted to pull both their underwear down before he was hit with a golf club by another witness. The court properly admitted the victim’s police body cam statements, expert testimony as to her credibility and defendant’s own statements. Defendant was not denied the opportunity to confront and cross-examine the victim and fails to show that his counsel’s performance was deficient. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: June 14, 2023, Case #: 12-22-00090-CR, Categories: evidence, ineffective Assistance, sex Offender
J. Pirtle finds the trial court properly denied defendant’s motion for postconviction relief from his sexual assault conviction. All evidence suggests that defendant’s girlfriend’s inebriated 17-year-old daughter was not capable of giving consent. Defendant failed to obtain forensic testing of bedding which the victim claimed to have blood on it prior to the evidentiary hearing on his motion. He has failed to establish a reasonable probability that forensic testing of the bedding would have altered the outcome. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: May 16, 2023, Case #: A-22-621, Categories: evidence, ineffective Assistance, sex Offender