73 results for 'cat:"Criminal Procedure" AND cat:"Sex Offender"'.
Per curiam, the appellate court finds that defendant was improperly convicted of multiple counts of child endangerment and sexual abuse because several charges were duplicative, and evidence cast doubt on the exact number of instances of abuse. The state may present the vacated charges to a new grand jury. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: KA 22-00437, Categories: criminal Procedure, sex Offender
J. Durrant finds that defendant took sufficiently substantial steps toward meeting a police officer he believed was a 13-year-old girl for a magistrate court to bind him over on charges of attempted rape, sodomy and kidnapping of a child. Also, he was not entrapped since police did not persistently solicit him over time, but went from first contact to rendezvous in four hours, and they did not appeal to his sympathy or pity. Affirmed.
Court: Utah Supreme Court, Judge: Durrant, Filed On: May 2, 2024, Case #: 20220768, Categories: criminal Procedure, sex Offender, Entrapment
J. Harris finds that the trial court erred in denying defendant's motion to dismiss charges that he sexually abused a child 25 years earlier. The four-year statute of limitations that applied at the time of the alleged offenses began to run in 1998 when the alleged victim's friend reported to police that defendant had been "having sex" with the alleged victim. In the context of the friend's report, "having sex" meant vaginal intercourse and was sufficient to put police on notice of a crime that could be charged. Reversed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: May 2, 2024, Case #: 20230228-CA, Categories: criminal Procedure, sex Offender
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus. His request for a suppression hearing after the return of his cell phone and other property by the trial court should have been brought on a direct appeal of his other postconviction motions for relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 1, 2024, Case #: 2024-Ohio-1624, Categories: criminal Procedure, Search, sex Offender
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J. Lewis finds the trial court properly denied defendant's motion for acquittal on gross sexual imposition charges. The testimony from the victim, including that defendant asked her to touch his penis several times and was "happy" when she did it, proved his conduct was for the purpose of sexual gratification. However, the trial court erroneously denied defendant's motion to dismiss six counts of the indictment for a failure to bring the suit within the statute of limitations. The time limit for one of the victims began to run in 1993 after her first admission to police about defendant's conduct and expired several years before the state filed its initial indictment. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: 2024-Ohio-1612, Categories: criminal Procedure, sex Offender
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
J. Gallagher finds the trial court properly denied defendant's motion to dismiss rape charges brought after a 16-year preindictment delay. He failed to present any witnesses or evidence to illustrate how the passage of time affected his case or prejudiced him, while the police officers and nurse involved in the victim's treatment were available at trial and were cross-examined by defendant's attorney. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 25, 2024, Case #: 2024-Ohio-1588, Categories: criminal Procedure, sex Offender
J. Goldberg finds that the trial court properly convicted defendant on two counts of first-degree sexual assault and one count of conspiracy to commit first-degree sexual assault, as several issues were not preserved or adequately developed on appeal, and evidence did not support defendant's five remaining contentions of error. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: April 22, 2024, Case #: 22-152, Categories: criminal Procedure, sex Offender
J. Huskey finds that the district court properly dismissed defendant's amended petition for post-conviction relief and denied his motion for reconsideration. His claim that he was not given adequate notice of the state's motion for summary dismissal fails because the state's motion referred to his original and amended petitions and included its argument that those filings were deficient. Also, the district court was not required to give him additional notice, and his notice claim was not preserved since he did not raise it in district court. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: April 17, 2024, Case #: 50063, Categories: criminal Procedure, sex Offender, Battery
J. Hardwick finds that the lower court improperly granted the sex offender's request to be removed from the sex offender registry. The sex offender failed to name the Missouri State Highway Patrol as a party to this action, depriving the agency of its right to present evidence in opposition to his request for removal. Vacated.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 2, 2024, Case #: WD86537, Categories: criminal Procedure, sex Offender
Per curiam, the appellate division finds that the trial court properly convicted defendant of rape and other sexual offenses. The certificate of compliance was valid because the law enforcement disciplinary records at issue pertained to individuals who would not testify at trial, and missing electronic material had no substantive information about the case. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 15, 2024, Case #: KA 23-00985, Categories: criminal Procedure, sex Offender
J. Gooch quashes this court's preliminary writ of mandamus ordering the lower court to conduct a preliminary hearing. There is good cause to continue the hearing based on a grand jury indictment charging defendant with two counts of rape. Defendant has not the state is engaging in a dual prosecution on the same charges, and the court made extensive findings to support its grant of a continuance.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: March 5, 2024, Case #: SC100369, Categories: criminal Procedure, sex Offender
J. Menetrez finds that the trial court improperly denied defendant's motion to quash the state's subpoena seeking his case file in preparation for a resentencing hearing. The trial court must apply the factors in the appeal court's "Facebook Inc. v. Superior Court" opinion, which apply to subpoenas issued by both the defense and prosecution. That standard is used to determine if good cause exists to seek a defendant's entire case file, including medical and mental health records. Vacated.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: March 1, 2024, Case #: E081770, Categories: criminal Procedure, Sentencing, sex Offender
J. Chutich affirms the Court of Appeals and the district court in the juvenile delinquency defendant's appeal arguing that the state cannot file more than one notice of intention to prosecute in juvenile delinquency proceedings. The state can file multiple such notices, and thereby extend a suspension of gross misdemeanor proceedings until a child found to be incompetent is restored to competency or ages out of juvenile jurisdiction, or until the state fails to file a timely notice. The Juvenile Rules Advisory Committee is also directed to propose amendments to the relevant rule that will "promote clear, consistent practice and procedures in these juvenile cases." Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: February 28, 2024, Case #: A22-0654, Categories: criminal Procedure, Juvenile Law, sex Offender
J. Ervin-Knott finds that defendant was properly convicted of felony carnal knowledge of a juvenile and indecent behavior with a juvenile. In this case, defendant was properly charged by grand jury indictment and was present and represented by counsel at arraignment, trial and sentencing. Based on the trial transcript, the state proved the essential elements of the crimes. Defense counsel's motion to withdraw is granted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott , Filed On: February 20, 2024, Case #: 2023-KA-0556, Categories: criminal Procedure, sex Offender
J. Schock finds that although defendant completed the deferred judgment and sentence portion for several sexually-based offenses, the lower court properly denied his motion to be removed from Colorado's sex offender registry. He was convicted of assault in the same case and, therefore, is ineligible for removal. The exception that allows for removal from the registry following completion of a deferred sentence requires dismissal of the criminal case, but because defendant's assault conviction was not dismissed, and never will be, the exception does not apply to him. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: February 15, 2024, Case #: 2024COA14, Categories: criminal Procedure, Sentencing, sex Offender
J. Anderson affirms the defendant's sentence for third- and fourth-degree sexual conduct, finding that the U.S. Supreme Court's decisions in Apprendi v. New Jersey and Blakely v. Washington do not alter the paradigm set in Minnesota courts in State v. Ronquist, which limited a requirement of prosecution by indictment for offenses punishable by life imprisonment to offenses so punishable before the application of sentencing enhancements based on prior convictions. That case's reasoning also exempts cases where lifetime conditional release is a possibility. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: February 7, 2024, Case #: A22-0318, Categories: criminal Procedure, Sentencing, sex Offender
J. Lucas finds that the trial court properly dismissed charges of failure to register as a sex offender by applying the statute that was active at the time of defendant's original conviction, which did not require him to register as a sex offender until his original sanction was completed. Defendant had not paid all fines, and thus had not completed his sanction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: January 26, 2024, Case #: 2D21-2784, Categories: criminal Procedure, Sentencing, sex Offender
J. Atkins finds that the trial court should not have denied the state's motion to continue trial in a sexual abuse of a minor action. In this case, the trial court did not take into consideration that the state's witnesses were not available on the trial date. One witness was the forensic nurse practitioner who completed a report in the matter, and the other witness was an expert in child sexual abuse forensic examinations, child sexual abuse, and trauma. Further, a continuance would not violate defendant's right to a speedy trial. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: January 23, 2024, Case #: 2024-K-0034, Categories: criminal Procedure, sex Offender, Speedy Trial
J. Pitt-Burke finds that the lower court improperly denied defendant's motion to dismiss a sex offender registration proceeding when the motion should have been dismissed. A hearing on the matter has not yet been held, and there is no appealable order requiring defendant to register as a sex offender in New York. Reversed.
Court: New York Appellate Divisions, Judge: Pitt-Burke, Filed On: January 18, 2024, Case #: 00248, Categories: criminal Procedure, sex Offender