8 results for 'cat:"Evidence" AND cat:"Jury" AND cat:"Sex Offender"'.
J. McKinnon holds that the trial court erred in admitting an uncharged act of sexual assault to show a common scheme with charged counts of sexual assault. The uncharged acts could not prove a common motive or plan since they occurred after the charged acts. Also, the jury was improperly instructed on the mental state required for sexual assault. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: February 27, 2024, Case #: DA 22-0547, Categories: evidence, sex Offender, jury Instructions
J. Wilkin finds that inconsistencies in the testimony of the victim's uncle do not render defendant's conviction for unlawful sexual conduct with a minor improper. Not only was the jury in the best position to determine witness credibility, but text messages proved defendant was at home on the night of the assault when he asked the victim to return a drill borrowed by the uncle, who lived across the street. Meanwhile, testimony from a police officer that defendant did not wish to make a statement during the investigation did not prejudice the jury against him because his decision to remain silent was not mentioned in opening or closing arguments, while there was also overwhelming evidence to support his guilt. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-794, Categories: evidence, jury, sex Offender
J. Heavican finds the trial court properly convicted defendant for first-degree sexual assault and sentenced to 35 to 40 years imprisonment. The victim, after a night of partying and drinking in multiple locations, accepted a ride from defendant. Defendant parked his vehicle in a parking lot before beginning his assault on the protesting victim, who then reported the assault to a police officer who had pulled up behind defendant's vehicle. There was no error in the court’s jury instruction on consent or its decision not to allow continued impeachment of the victim's prior statements to police. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: February 23, 2024, Case #: S-23-147, Categories: evidence, sex Offender, jury Instructions
J. Welbaum finds that although no one, including the victim, witnessed defendant remove the victim's breast from her jacket and grope her while she slept, his conviction for gross sexual imposition was supported by sufficient, circumstantial evidence, including the victim's testimony she woke up several times after feeling someone grope her and eventually woke up to defendant having vaginal intercourse with her. Meanwhile, the trial court was not required to give a curative instruction to the jury following an emotional outburst by the victim after defendant's mother made faces and reacted inappropriately to her testimony at trial. The statements made by the victim were consistent with her testimony and did not affect the outcome of the trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 9, 2024, Case #: 2024-Ohio-481, Categories: evidence, sex Offender, jury Instructions
J. Greenholtz finds the lower court properly convicted defendant of two counts of aggravated sexual battery and two counts of rape of a child for acts against his neighbor’s child over a three-year period. Defendant argues an African-American juror was selected then excused as an alternate at the end of the trial, but the instant court finds no evidence to support an argument of intentional discrimination. Evidence is sufficient to support defendant’s convictions and effective 33-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: November 21, 2023, Case #: E2023-00209-CCA-R3-CD, Categories: evidence, jury, sex Offender
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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. Karofsky finds the court of appeals improperly reversed the circuit court's denial of a motion for mistrial defendant brought at his trial for second-degree sexual assault after a witness under redirect from the prosecution began commenting amid an objection that he discovered defendant's previous 2004 sexual assault conviction, which was barred from evidence, on CCAP, an IT system containing and managing circuit court case records. Because the circuit court correctly decided it was not reasonable to suggest that the witness's reference to CCAP would necessarily make a juror think defendant had a prior sexual assault conviction, immediately struck the testimony and pointed the jury's attention to hearsay matters, and offered the defense the option of a special jury instruction that was ultimately not taken, it did not err in denying the motion for mistrial. Reversed.
Court: Wisconsin Supreme Court, Judge: Karofsky, Filed On: June 23, 2023, Case #: 2021AP001732-CR, Categories: evidence, sex Offender, jury Instructions
J. Hamilton finds that the lower court properly convicted defendant on charges of sex-trafficking a minor after denying his motion to suppress incriminating statements he made to police. Further, he was not entitled to a jury instruction limiting the use of voicemails in which he threatened the victim and her family. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: June 16, 2023, Case #: 21-2811, Categories: evidence, sex Offender, jury Instructions