339 results for 'cat:"Evidence" AND cat:"Sex Offender"'.
J. Rivera finds that the appellate division improperly convicted Hollywood mogul Harvey Weinstein of sex crimes based on uncharged prior bad acts not germane to the case because cross-examining Weinstein about those allegations threatened to portray him in a highly prejudicial light, and a new trial should be held since both errors deprived him of a fair trial. Meanwhile, the court properly held that rape charges were not time-barred because the statute of limitations had been tolled for time during which Weinstein was continuously out-of-state. Reversed in part.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: April 25, 2024, Case #: 24, Categories: evidence, Fair Trial, sex Offender
J. Pirtle finds the trial court properly dismissed defendant's petition for postconviction relief without an evidentiary hearing. The 9-year-old victim reported defendant had sexually abused her when she was 3 or 4 years old, saying her mother made her available to defendant in exchange for drugs. Though information shared by the victim over several forensic interviews was not entirely consistent, defendant was not prejudiced by his counsel's not interviewing a previous forensic interviewer or another individual the victim had mistaken for defendant. The information would have been cumulative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: April 23, 2024, Case #: A-23-230, Categories: evidence, sex Offender, Child Victims
J. Dowd finds that the lower court properly convicted defendant of rape of a 17-year-old victim, and sentenced him to seven years in prison. The court did not err by allowing the victim to testify she felt intimidated at her deposition after defendant impeached her with her deposition testimony. Further, the prosecutor was permitted to highlight the age difference between defendant and the victim during closing arguments. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 23, 2024, Case #: ED111691, Categories: evidence, sex Offender, Child Victims
J. Ebel finds that the lower court properly convicted defendant of sexual abuse against a minor. Defendant claims on appeal that the lower court improperly allowed a 50-minute video recording of a forensic interview with the child victim, which defendant says violated the rules regarding hearsay. The interview in question, however, was supported by "sufficient guarantees of trustworthiness" and had enough value to the proceedings to outweigh any evidence-related issues. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: April 23, 2024, Case #: 22-7033, Categories: evidence, sex Offender, Child Victims
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J. Welch finds that defendant was properly convicted of molestation of a juvenile, sexual battery and other charges relating to incidents involving his stepdaughter. The testimony of the victim and defendant's statement to police was sufficient evidence that he committed the offenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023KA0993, Categories: evidence, sex Offender
J. Alley finds a lower court erred in granting a defendant’s motion to suppress his confession to sexually abusing his daughter. While defendant referenced that he would get a lawyer while being questioned by detectives, he continued to speak to them regardless, and as he “was not in custody and was free to terminate the interrogation,” his confession should not have been suppressed. Reversed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 18, 2024, Case #: 08-23-00077-CR, Categories: evidence, sex Offender, Child Victims
J. Hixson finds the trial court properly convicted defendant for sexual assault and introducing benzodiazepine into the victim's body. Defendant's ex-wife testified that defendant was watching their children at her home while she worked. She returned home to find her 16-year-old niece, who was not expected to be there, asleep. She said defendant was acting erratically, and that she discovered a plastic bag containing drugs. After defendant left, the niece disclosed the assault, later testing positive for the drug. Substantial evidence supports the conviction. An exception cited by defendant is not applicable to prosecutorial errors involving closing discussion of evidence not presented at trial. No ineffective assistance or court error is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 17, 2024, Case #: CR-23-684, Categories: Drug Offender, evidence, sex Offender
J. Moore finds that although defendant was involved with his girlfriend in the scheme whereby she traded sexual favors for painkillers and used some of the drugs "purchased" through the setup, there was sufficient evidence to convict him of sex trafficking through force or coercion. The dealer routinely assaulted the victim and threatened her with guns on several occasions. Meanwhile, the trial court properly applied a "vulnerable victim" enhancement to defendant's sentence because his girlfriend's addiction to opioids and physical ailments placed her squarely in the category. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: April 17, 2024, Case #: 23-3179, Categories: evidence, Sentencing, sex Offender
J. Egan finds the trial court properly convicted defendant, after a jury trial, for 30 sexual offenses committed against his stepson. “Because the jury heard evidence of other crimes, the prosecutor had reason to ensure that the jury found defendant guilty on each count based on the evidence that corresponded with each charge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A177520, Categories: evidence, sex Offender, Child Victims
J. Buchanan finds that the trial court properly admitted statements made by a sexual abuse victim to her friends about abuse that occurred years before. The "fresh complaint" doctrine, which rejects complaints unless they are made immediately after alleged abuse, is outdated since child victims often delay their disclosure of abuse. The trial court admitted the statements for the nonhearsay purpose of establishing the nature of her disclosure, and trial courts are encouraged to refer to this practice as the "prior disclosure" doctrine. Also, expert testimony about Child Sexual Abuse Accommodation Syndrome was properly admitted. However, the trial court should have applied presentence conduct credits to defendant's sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: April 15, 2024, Case #: D083310, Categories: evidence, Sentencing, sex Offender
J. Soto finds a lower court did not err in convicting defendant of continuous sexual abuse of a child. Defendant raised a number of purported issues with his conviction, including disputing evidentiary rulings made by the court, and while the lower court did indeed err by allowing the victim’s mother and two detectives to testify as outcry witnesses based on discrepancies in their testimonies, the errors “did not have a substantial and injurious effect” given the overall evidence against defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 12, 2024, Case #: 08-23-00162-CR, Categories: evidence, sex Offender, Child Victims
J. Tucher holds that the trial court must rehear defendant's motion for a new trial on charges of a lewd act upon a child and exhibiting harmful matter to a minor. The ex-wife's declaration that she and the alleged victim had schemed to falsely accuse him was newly discovered evidence. The trial court's analysis discounting the ex-wife's declaration was flawed since the declaration contradicted the strongest evidence against defendant. Vacated.
Court: California Courts Of Appeal, Judge: Tucher, Filed On: April 10, 2024, Case #: A167246, Categories: evidence, sex Offender
J. Ahlers finds that the lower court properly prevented defense counsel from introducing evidence about defendant's agreement to be interviewed by police in his trial for sexually abusing a child because the state would have been entitled to provide evidence that risked significant prejudice during rebuttal. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 22-1593, Categories: evidence, sex Offender, Child Victims
J. Abramson finds the trial court properly convicted defendant for felony video-voyeurism. Defendant, the former executive director for an Alzheimer's assisted-living facility, was discovered by his wife to have placed a camera in a position to record video up the victim's skirt when she entered his office, responding to his request for help. Though defendant's office had windows exposing part of the office to public view, the area behind the desk was not in public view and not open to recording. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: April 10, 2024, Case #: CR-23-472, Categories: evidence, sex Offender
J. Jensen finds that the district court properly entered conviction after a jury verdict finding defendant guilty of gross sexual imposition, sexual contact with a victim unaware, and gross sexual imposition sexual, an act with the victim unaware. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: April 4, 2024, Case #: 2024ND64, Categories: evidence, sex Offender
J. Fox finds that the lower court properly convicted defendant of sexual assault. Defendant claims that the lower court improperly allowed evidence into the record that came from audio recordings of phone calls defendant made while in custody. Defendant claims they should not have been admitted because the recordings were mostly in Portuguese, but defendant did not object to the use of the recordings during trial and there is no structural reason why their use would call for a reversal of his convictions. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: April 4, 2024, Case #: S-23-0160, Categories: evidence, sex Offender
J. Bell finds the trial court improperly denied defendant's postconviction petition for a writ of habeas corpus. Defendant was convicted for multiple counts of sexual assault upon one person. His appellate counsel's omission of a sufficiency challenge fell below an objective standard in that he evoked precedent providing a change in sexual position is insufficient to show the acts constitute more than one offense without challenging the convictions for the same offense. Because the sufficiency challenge stood a reasonable probability of success, defendant was prejudiced by counsel's omission. Reversed in part.
Court: Nevada Supreme Court, Judge: Bell , Filed On: April 4, 2024, Case #: 85887, Categories: evidence, Ineffective Assistance, sex Offender
J. Kern finds that the circuit court improperly excluded evidence pertaining to sex toys that were used when defendant alleged that he was engaged in a consensual encounter. A woman who has a daughter with defendant alleged that she was raped and the only interaction with the sex toys was when she threw one at defendant after grabbing it away from him during the attack. Defendant was found guilty and appeals, arguing that the
court abused its discretion in excluding evidence of the sex toys and allowing the state to cross examine based on unadmitted text messages. Reversed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: April 3, 2024, Case #: 2024SD18, Categories: evidence, sex Offender
J. Wright finds the trial court properly revoked defendant's probation from his guilty plea conviction for sexual assault. Defendant failed to obtain a sex offender driver’s license and install a locator on his phone, missed multiple drug tests, contacted multiple women, including the victim, and failed to make required payments. Text messages from defendant's burner phone were properly admitted. The messages were not offered to prove the truth of the matter asserted, but to show context, and, so, were not hearsay. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: April 3, 2024, Case #: 09-22-00058-CR, Categories: Drug Offender, evidence, sex Offender
J. Hoyle finds the trial court properly convicted defendant for three counts of aggravated assault of a child, sentencing him to life in prison. Defendant makes no argument the denial of his motion for continuance would have been error. His belief the mother’s lack of testimony is the reason for the hung jury at first trial is speculation. The record indicates defendant was able to present his defensive positions the victim fabricated the sexual assault claim and that the house was under construction, thereby undermining the victim’s account. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00119-CR, Categories: evidence, sex Offender, Child Victims
J. Virden finds the trial court properly convicted defendant for multiple counts of being an accomplice to rape and kidnapping. Evidence shows defendant and the victim engaged in discussion of their sexual fetishes on a particular website, later meeting and engaging in non-sexual "pup play," where the victim pretended to be a dog. Evidence shows the victim was drugged and overpowered by defendant and forced to engage in sexual acts. The court has broad discretion on evidentiary rulings according to the rape-shield statute. Certain statements were properly allowed, and no abuse of discretion is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 27, 2024, Case #: CR-23-174, Categories: evidence, sex Offender
J. Brown finds the trial court properly convicted defendant for raping his girlfriend's daughter. The victim said she was 10 years old when she first made accusations against him, but she later recanted and was returned home after defendant pressured her. Her aunt then read diary entries detailing events of rape, as well as defendant's having bought her a sex toy. Contrary to defendant's argument, the state is not required to prove specifically when and where each act occurred. Furthermore, certain testimony detailing events that occurred outside Arkansas were properly admitted under the pedophile exception. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 27, 2024, Case #: CR-23-387, Categories: evidence, sex Offender, Child Victims
J. Mitchell finds that the lower court properly convicted defendant of rape and sentenced him to 40 years in prison. The court did not err by admitting a video of the victim's interview at the Child Advocacy Center. The victim's statements were spontaneous, consistent, and made within hours of the crime. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: March 26, 2024, Case #: WD85913, Categories: evidence, sex Offender