9 results for 'cat:"Sex Offender" AND cat:"Discovery"'.
Per curiam, the appellate division finds that the trial court improperly convicted defendant of predatory sexual assault against a child. Some of the defendant's arguments were not properly preserved, and witness testimony was sufficient to establish guilt. However, the court should not have permitted the prosecutor's method of reviewing law enforcement disciplinary records. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 22-00360, Categories: sex Offender, Child Victims, discovery
J. Ryan finds the trial court properly denied defendant's motion to admit treatment history of one of the victims into evidence at his trial on sexual assault charges. The medical evidence was related solely to the victim's suicidal ideations, not any of the assaults, and, therefore, was privileged. Meanwhile, corroborating testimony from each of the victims about defendant's various assaults was sufficient to convict him of both rape and gross sexual imposition. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: January 18, 2024, Case #: 2024-Ohio-157, Categories: Evidence, sex Offender, discovery
J. Calahan finds that the trial court properly refused to order a therapist to produce records of sessions with defendant's minor victims since the records are consistent with the record and do not contain exculpatory evidence. A juror who unequivocally agreed to follow the law was not impermissibly impartial for saying a sexual abuse victim might be more credible for overcoming possible stigma. However, the trial court must conform its written judgment to the oral sentencing. Reversed in part.
Court: Montana Supreme Court, Judge: McGrath, Filed On: November 21, 2023, Case #: DA 21-0232, Categories: Jury, sex Offender, discovery
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J. Kilbane finds the trial court erroneously denied defendant's motion for a mistrial in a rape case. The state's failure to disclose a 46-minute video interview of the victim with police until the middle of defendant's trial on a rape charge violated his due process and fair trial rights. Although the prosecutor claimed it inadvertently failed to disclose the video and had also not seen it prior to trial, the defense theory of the case relied on inconsistencies in the victim's story, several of which were included on the video. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: July 6, 2023, Case #: 2023-Ohio-2292, Categories: Fair Trial, sex Offender, discovery
J. Stevens grants a district attorney mandamus relief from the lower court's order requiring the state to provide a copy of a forensic interview with an alleged child victim to a defendant facing charges for aggravated sexual assault of a child. State discovery laws do not allow interviews of alleged child victims to be duplicated.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: June 20, 2023, Case #: 06-23-00003-CR, Categories: sex Offender, discovery