16 results for 'cat:"DNA" AND cat:"Sex Offender"'.
J. Hardin-Tammons finds that the lower court properly denied defendant's motion for post-conviction relief alleging his counsel was ineffective for failing to call an independent DNA expert and an independent pharmacological expert. In light of the overwhelming evidence of defendant's guilty, he cannot show he suffered any prejudice as a result of counsel's alleged failures. Further, defendant's proposed pharmacological testimony about the consequences of mixing Paxil and alcohol would not have provided defendant with a viable defense. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: May 7, 2024, Case #: ED111372, Categories: dna, Evidence, sex Offender
Per curiam, the appellate division finds that the lower court properly convicted defendant of strangulation and sexual abuse and sentenced him to 25 years in prison. The victim testified that defendant strangled her and raped her in a manner that was consistent with the forensic evidence. Even though the court should not have admitted DNA evidence obtained from a condom wrapper, this error was harmless in light of the evidence against defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02506, Categories: dna, sex Offender
J. Luthy finds that the trial court properly imposed probation conditions on defendant for sex offenses he committed as a minor. He argued that since statute does not require sex offender registration for defendants whose offenses were committed as minors, it was error to impose the same restrictions on him as conditions of probation. But statute does not bar the imposition of sex offender conditions during the limited period of probation. However, the requirement to provide a DNA specimen was error since it is an express component of the requirement to register as a sex offender. Reversed in part.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: April 25, 2024, Case #: 20230194-CA, Categories: dna, Probation, sex Offender
J. Brown finds the trial court improperly excluded DNA evidence in defendant's trial on a single charge of sexual assault of a child. The presence of another individual's DNA on the victim was not protected by the rape shield statute. Defendant did not intend to pursue an alternate suspect theory and claim the victim had sex with another individual, but sought the evidence to rebut the prosecution's theory that defendant's DNA was not found because the victim showered the morning after the assault; therefore, defendant's conviction must be vacated and the case remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: March 14, 2024, Case #: 2024COA27, Categories: dna, sex Offender, Child Victims
J. Campbell finds the lower court properly denied defendant’s petition for DNA analysis to be conducted on a knife and other items, but improperly denied the request for analysis of a rape kit. Defendant was convicted of attempted second degree murder, three counts of aggravated rape, especially aggravated robbery, especially aggravated burglary, conspiracy to commit aggravated burglary, theft, and vandalism for his role in the rape and cutting of a 70-year old woman’s throat during the course of a burglary. He filed a request for DNA testing and analysis to be performed on a rape kit, the knife that was used to cut the victim’s throat and other items collected from the scene of the sexual assault. The lower court denied all of his requests, but the instant court finds DNA testing and analysis proper for the rape kit; defendant did not meet the requirements for DNA testing of the other items. Reversed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: February 26, 2024, Case #: W2023-00192-CCA-R3-PC, Categories: dna, Murder, sex Offender
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J. Riedmann finds the county court properly convicted defendant by plea agreement for sexual assault and strangulation. Though defendant claims he was in a consensual relationship with the victim, all evidence, including DNA and text messages, as well as injuries to the victim, supports the conviction. The plea agreement was entered into knowingly and intelligently, and defendant does not present any argument as to trial counsel's alleged failure to inform him of the victim's medical records. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 30, 2024, Case #: A-23-677, Categories: dna, Evidence, sex Offender
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for attempted first-degree sexual assault. The 15-year-old victim testified the 21-year-old defendant, though they had been in a relationship, forced her to have intercourse when she broke up with him. He denied this, though DNA evidence shows the encounter happened and supports the conviction. All statutory factors were considered and the 15-20 year sentence is within limits. Counsel was not ineffective for not challenging the admission of victim testimony that defendant had grabbed her by the hair. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 16, 2024, Case #: A-23-613, Categories: dna, Evidence, sex Offender
Per curiam, the appellate properly directed the trial court to dismiss a criminal complaint brought against defendant, who had been found guilty sexual assault. The victim was found dead 1990, and DNA evidence had been linked to defendant in 2021, resulting in his being charged in 2022. Thus, the claims are time-barred, and 2002 amendments expanding the statute of limitations do not apply retroactively. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: December 13, 2023, Case #: A-53-22, Categories: Criminal Procedure, dna, sex Offender
J. Clark finds the lower court properly denied defendant's request for postconviction DNA testing during his sexual assault case. His allegation that his DNA would be found in the victim's fingernail scrapings could have been explained by any number of reasons and would not have discredited the victim's version of events or prevented the state from initiating criminal proceedings. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: November 9, 2023, Case #: AC45397, Categories: dna, 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. Hanni finds the trial court improperly denied defendant's request for a DNA expert witness at the state's expense because such an expert was the only way for him to refute the prosecution's expert testimony about DNA samples found on the victim's underwear and whether it came from semen. Although defendant's attorney educated himself to some extent on whether the DNA could have been transferred without sexual contact, an expert witness was required to dispute the prosecution's witness; therefore, defendant's fair trial rights were violated and his rape, attempted rape, and sexually battery convictions must be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Hanni, Filed On: September 29, 2023, Case #: 2023-Ohio-3594, Categories: dna, sex Offender, Experts
J. Danilson finds that defendant was properly denied his second application for relief from his conviction for sexually assaulting and robbing an 81-year-old woman in her home because evidence did not support defendant's suggestion that DNA evidence would have even remotely affected the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: July 26, 2023, Case #: 22-0104, Categories: dna, sex Offender, Assault
J. Cameron, in this interlocutory appeal, finds the trial court properly denied defendant’s motion to quash his bindover charge for trying to pay a minor, his employee, to perform sex on him. Though DNA test results excluded defendant as a possible contributor, and therefore suggests his innocence as to the charge of sexual assault, it does not conclusively establish his innocence as to engaging the services of a minor for prostitution, or why bindover was improper in light of the lack of DNA evidence. Affirmed.
Court: Michigan Court of Appeals, Judge: Cameron, Filed On: July 20, 2023, Case #: 364998, Categories: dna, sex Offender, Prostitution
J. Lavin finds the trial court properly convicted defendant for aggravated sexual assault and aggravated kidnapping for the oral and vaginal rape of the victim under Chicago's south side train tracks, sentencing him to 24 years in prison. All evidence supports conviction. DNA evidence was properly obtained, and the warrantless arrest on the outside steps of defendant's home was properly made due to probably cause. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin , Filed On: June 30, 2023, Case #: 1-22-0520, Categories: dna, Evidence, sex Offender
J. Doyle finds that the trial court properly convicted defendant of child molestation offenses and correctly denied his motion for a new trial. The trial court did not commit any error by admitting the inconclusive DNA results of the victim's rectal swab into evidence. The DNA analyst's testimony about the DNA testing was relevant to understanding the lab report. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 26, 2023, Case #: A23A0484, Categories: dna, Ineffective Assistance, sex Offender