9 results for 'cat:"Evidence" AND cat:"Sex Offender" AND cat:"Assault"'.
J. Inos denies a release pending appeal for defendant, who was convicted of sexual and aggravated assault. Despite evidence defendant has no plans to flee or his lack of prior convictions, due to the risk of danger based on the violence of this conviction, defendant does not meet standards for release.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: February 26, 2024, Case #: 2023-SCC-12, Categories: evidence, sex Offender, assault
J. Donovan affirms the defendant’s convictions for aggravated felonious sexual assault, attempted aggravated felonious sexual assault and misdemeanor sexual assault. “The state did not open the door to cross-examination regarding the specific contents of the medical records by introducing testimony acknowledging the existence of such records.”
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: December 28, 2023, Case #: 2022-0557, Categories: evidence, sex Offender, assault
J. Gruender finds a lower court properly sentenced a defendant to 188 months in prison after a jury found him guilty of sexual abuse of a person who was physically incapable of declining participation. The defendant, who is a member of the Iowa based Meskwaki Nation of the Sac & Fox Tribe, argued that the lower court erred in failing to direct the jury to apply an intoxication instruction, based on his claims that he was too drunk to have assaulted the minor female. However, the government presented sufficient evidence in court that the defendant assaulted the child the next morning, and that he was most likely lucid during the assault. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: November 17, 2023, Case #: 22-3567, Categories: evidence, sex Offender, assault
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J. Pohlman upholds the convictions of a man who drunkenly and angrily raped his girlfriend after choking her to unconsciousness in front of their two-year-old daughter. There was no abuse of discretion from the trial court when it withheld video of defendant’s police interview and denied his motions for mistrial and new trial. Neither was his counsel’s assistance ineffective to the extent that it prejudiced him. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: October 5, 2023, Case #: 2023 UT 22, Categories: evidence, sex Offender, assault
J. Stevens finds that the lower court properly entered a dispositional order following an adjudication of delinquency on a juvenile male's charges of sexual assault of a female classmate at his brother's home. This court cannot reweigh, as the juvenile requests, the lower court's credibility determinations of the evidence presented. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 26, 2023, Case #: J-S24038-23, Categories: evidence, sex Offender, assault
J. Doyle finds that the trial court properly convicted defendant of rape and aggravated assault and correctly ruled that defendant's prior convictions were admissible as evidence for impeachment purposes. The prior convictions for aggravated assault as a lesser included offense of rape, false imprisonment, battery and hindering a person making an emergency phone call had occurred more than 10 years before but had high probative value because defendant's credibility was central to the trial outcome. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 14, 2023, Case #: A23A0132, Categories: evidence, sex Offender, assault
J. Bishop finds the trial court properly found defendant guilty of terroristic threats, kidnapping, sexual assault and use of a deadly weapon. Defendant says that the victim, a neighborhood acquaintance, went with him willingly to the isolated area where the assault took place. Defendant’s friend testified that defendant told him that he had abducted and sexually assaulted the victim, and forensic examination evidence supports the claims of sexual assault. Any deficient performance by trial counsel caused no substantial prejudice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 30, 2023, Case #: A-22-611, Categories: evidence, sex Offender, assault