8 results for 'cat:"Evidence" AND cat:"Child Victims" AND cat:"Child Pornography"'.
J. Motz finds the lower court properly sentenced the defendant for crimes related to his production and possession of child pornography. The defendant filmed multiple minor boys masturbating. The defendant argues web searches from his phone are irrelevant because they don't involve the victims of his child porn production. The web searches, including searches for "selfies boy masturbating," reveal his interest in depictions of minor boys masturbating, the same sort of conduct underlying the charged offenses. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: March 12, 2024, Case #: 22-4322, Categories: evidence, child Victims, child Pornography
J. Warby finds a lower court improperly dismissed the home department's motion for deportation concerning a civilian's serious sex offenses against his infant daughter. The father argued that deportation is a violation of his human rights. However, the government sufficiently showed in court that he not only possessed 1,450 images of child pornography, but also sexually assaulted his infant daughter. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Warby, Filed On: January 19, 2024, Case #: CA-2023-687, Categories: evidence, child Victims, child Pornography
J. Biles finds a lower court properly convicted a defendant for aggravated criminal sodomy of a minor female child, who is his stepdaughter. The defendant argued that his Internet search history did not reveal any sexual misconduct, his victim's testimony lacked specific details, and that the court's panel was right to deem his Internet history as irrelevant. However, the government sufficiently showed in court that his Internet searches were focused on underaged female children, who were forced into filming content under titles that included, "Sex At 9 years old," and "Step Dad started blowing me at age 5," which did not constitute undue prejudice. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 12, 2024, Case #: 124,054, Categories: evidence, child Victims, child Pornography
J. Wise finds defendant's indictment on several charges of gross sexual imposition and pandering obscenity involving a minor included all language necessary to put him on notice of the charges and allowed him to prepare a sufficient defense, given that it included the specific event and timeframe of his criminal activity. Meanwhile, the video and photographic evidence obtained from both defendant's cell phone and the cameras in the victim's home is sufficient to convict him of the child pornography charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: October 11, 2023, Case #: 2023-Ohio-3704, Categories: evidence, child Victims, child Pornography
J. Stras finds a lower court properly denied a disgraced reality television personality's motion for a new trial concerning two counts of possession of child pornography. The former television personality argued that he was entitled to a motion to suppress "incriminating statements" he made to law enforcement, in violation of his Miranda rights. However, the government presented sufficient evidence in court that he made incriminating statements about downloading child pornography outside of a formal interrogation, and that a reasonable person would have "believed he was in custody at the time the statements were made to police." Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: August 7, 2023, Case #: 22-2178, Categories: evidence, child Victims, child Pornography
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J. Eklund finds that while defendant claimed he deleted child pornography from his phone as soon as it was sent to him through several WhatsApp messages, the jury was free to discredit this testimony and convict him because his story was contradicted by the testimony of the cell phone store employee who noticed the images when he transferred data between several phones. Meanwhile, the trial court properly admitted a computer-generated data report from defendant's cell phone that was not authenticated in court by a state witness because the report was non-testimonial in nature. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: June 12, 2023, Case #: 2023-Ohio-1945, Categories: evidence, child Victims, child Pornography
J. Smith finds a lower court properly sentenced a former deputy sheriff to 300 months in prison after he was indicted on six counts of child pornography offenses. The former deputy sheriff argued that his sentence is unreasonable based on his age and health issues, and that he was remorseful for his actions, which included attempting to induce a minor to produce child pornography, enticement of a minor, and transferring obscenity to a person under 16. However, the government presented sufficient evidence in court that his actions were "among the most serious offenses" the court has seen, which does not entitle him to "getting a break." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 6, 2023, Case #: 22-1514, Categories: evidence, child Victims, child Pornography
J. Gruender finds a lower court properly sentenced a defendant to 540 months in prison for sexual exploitation of a child. The defendant argued that the lower court erred in failing to suppress evidence from a search of his cell phone, which revealed that he sexually abused several children, whose mother participated in the abuse. However, the government sufficiently showed in court that police officers properly obtained a warrant to search the defendant's home and cell phone. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 19, 2023, Case #: 22-2334, Categories: evidence, child Victims, child Pornography