1,226 results for 'cat:"Sex Offender"'.
J. Liu finds that the trial court improperly conducted a trial that ended with defendant's indeterminate commitment as a sexually violent predator. The trial court held an inadequate Marsden hearing to consider defendant's conflict of interest claim against his public defender. It then erred in denying him counsel to help him decide whether to file a motion to dismiss based on his claim that a 12-year delay to trial violated his due process rights. If a new Marsden hearing shows a conflict of interest exists, new counsel must be appointed to evaluate his motion to dismiss. If no conflict is found, the public defender's office must evaluate his motion to dismiss. If he does not file a motion to dismiss, or he does and the motion is denied, the trial court must find whether the sexually violent predator judgment was affected by Marsden error. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: May 20, 2024, Case #: S278262, Categories: Ineffective Assistance, sex Offender
J. Mitchell finds that the lower court properly denied defendant pretrial release on charges of predatory criminal sexual assault of a five-year-old child. Although defendant is a first-time offender, the court reasonably found it could not guarantee he would not have contact with another child, so no condition could mitigate the threat posed by his release. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: May 20, 2024, Case #: 240037, Categories: sex Offender, Bail, Child Victims
J. Bahr finds that the district court properly determined that no manifest injustice existed to necessitate defendant's attempt to withdraw a guilty plea after defendant pleaded guilty on an open plea to five felony counts concerning patronizing a minor for commercial sexual activity and possession of prohibited materials. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: May 16, 2024, Case #: 2024ND96, Categories: sex Offender, Plea
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J. Pagan finds the post-conviction court properly imposed the statutory presumptive sentence of lifetime imprisonment on each count of child sexual abuse. “Defendant’s current offenses, combined with his criminal history, reflect a pattern of ‘nonconsensual sexual contact,’ ‘exploitation of child victims,’ or both.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A178945, Categories: Sentencing, sex Offender, Child Victims
J. Hixson finds the trial court properly convicted defendant for the sexual assault of his 12-year-old daughter. A detective testified to interviewing the mother and daughter on allegations of the father's committing sexual assault. Sufficient evidence, including forensic interview and statements made by defendant involving keeping secrets supports the conviction. Defendant's challenge of evidence sufficiency is not preserved for review, and the trial court properly denied his request for directed verdict. The victim testified her father touched her "private area," which can be construed as having been done for sexual gratification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 15, 2024, Case #: CR-23-611, Categories: Evidence, sex Offender, Child Victims
J. Warner finds that the lower court improperly imposed restitution upon defendant convicted of sexual battery on a child less than 12 years old. The restitution, to be given to the Sexual Assault Treatment Center, because the center is not a victim of a crime within statutory definition. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: May 15, 2024, Case #: 2D2022-0987, Categories: sex Offender
J. May finds that the trial court properly revoked defendant's probation because the conditions of the plea agreement concerning child exploitation charges were not vague, and defendant's refusal to admit his illegal behavior constituted a violation. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 15, 2024, Case #: 23A-CR-1871, Categories: Probation, sex Offender
J. Van Cleef affirms the trial court’s defendant's 65-year sentence for his aggravated sexual assault of a child conviction, dismissing the undisputed yet harmless argument the sentencing judge did not orally inform him he faced anywhere from 5 years to life behind bars or that he would be required to register as a sex offender. Both admonishments were included in plea documents signed by defendant and defense counsel. Texas prosecutors agreed not to ask the court to sentence him to more than 40 years confinement. However, defendant was advised the judge was not bound by any agreement between the state and defendant, according to transcripts of the sentencing proceedings. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 15, 2024, Case #: 6-23-56, Categories: Sentencing, sex Offender, Child Victims
J. Siler finds the lower court erroneously granted the class's motion for an injunction to prevent enforcement of the entirety of Tennessee's sex offender registration statutory scheme. While some of the individual components of the scheme may violate convicted sex offenders' constitutional rights, the "sweeping" injunction was overly broad. The scheme in question was ratified by the state legislature over many years and can be examined piece-by-piece to preserve its constitutionality as a whole. Therefore, the case will be remanded to allow the court to determine which portions, if any, violate the ex post facto clause of the Constitution and must be severed. Reversed.
Court: 6th Circuit, Judge: Siler, Filed On: May 15, 2024, Case #: 23-5248, Categories: Constitution, Ex Post Facto, sex Offender
J. LaRose finds that the lower court properly convicted and sentenced defendant for sexual battery on a victim under 12 years old and distributing obscene material to a minor. Defendant’s arguments are “either meritless or unpreserved.”
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: May 15, 2024, Case #: 2D2022-1981, Categories: sex Offender
J. Mitchell finds that the lower court properly convicted defendant of trafficking a child and promoting a sexual performance by a child. Defendant is guilty of promoting a sexual performance by a child by buying the victim a vibrator and instructing her how to use it even if he was not present when she was using the sex toy. However, this case shall be transferred to the Missouri Supreme Court before entry of a final ruling.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: May 14, 2024, Case #: WD85148, Categories: sex Offender, Child Victims
J. Wilkinson finds the board properly denied the Salvadoran's petition. When he was twenty-six years old, he began a sexual relationship with a fifteen-year-old child. After an initial arrest in March 2017, he violated the protective order by having sex with the victim at least two more times while on bail. The Immigration and Nationality Act instructs that any noncitizen convicted of a crime of child abuse, child neglect or child abandonment is subject to removal. The crime fits into the definition of abuse because it is well established that touching a child’s private areas for sexual gratification causes actual harm to a child. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: May 14, 2024, Case #: 23-1676, Categories: Immigration, sex Offender, Child Victims
J. Hixon finds the trial court properly convicted defendant for incest, rape, sexual battery, aggravated assault and aggravated rape. He abused his minor daughter for approximately four years until she told her school guidance counselor about the abuse. Defendant argues there was not enough evidence for his conviction and says his right right to a fair trial and due process were violated. He failed to take reasonable action to object at trial or to establish a clear and unequivocal rule of law was in fact violated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixon, Filed On: May 13, 2024, Case #: W2023-00693-CCA-R3-CD, Categories: Sentencing, sex Offender, Due Process
J. Kennedy finds that the lower court properly found defendant guilty of the nonconsensual dissemination of private sexual images depicting bondage. The image depicted the victim, defendant's subordinate at work and former lover, wearing a bra and underwear with arms outstretched and wrists fastened with fabric to a curtain rod. The state sufficiently proved that the image qualifies as showing a person engaged in sexual activity, even if the victim testified that she could easily escape the fabric bonds and did not show her deriving sexual pleasure. Further, defendant's message in response to the victim's sending of the picture clearly showed he was well aware of the sexual nature of the photo. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: May 13, 2024, Case #: 230043, Categories: sex Offender, Threats
J. Stabile finds that the lower court properly sentenced defendant to 15 to 30 years in prison for raping and sexually assaulting his two minor daughters. The court’s admission of one of the daughter’s out-of-court statements about how defendant bribed her sister to undress in a basement was appropriate. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: May 13, 2024, Case #: J-S06013-23, Categories: Evidence, Sentencing, sex Offender
J. Byrne finds the trial court properly admitted statements made by the victims to a social worker about defendant's sexual abuse. All of the statements were made for the purposes of a medical diagnosis and treatment. Meanwhile, the testimony from the social worker, when combined with the victim's testimony, was sufficient to establish all elements of the rape offenses and for the jury to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: May 13, 2024, Case #: 2024-Ohio-1834, Categories: Evidence, sex Offender
J. Hightower finds that the lower court properly convicted defendant of aggravated sexual assault. The court properly denied defendant's motion for a mistrial following a witness’ testimony alluding to another offense because the challenged testimony was “brief and nonspecific.” Affirmed.
Court: Texas Courts of Appeals, Judge: Hightower , Filed On: May 10, 2024, Case #: 01-22-00454-CR, Categories: sex Offender
Per curiam, the Louisiana high court finds that the defense counsel did not object to the trial court's denial of twelve peremptory challenges during voir dire in defendant's trial for failure to register and notify as a sex offender. Therefore, defendant's conviction for failure to register and notify as a sex offender is reinstated. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 2023-K-00501 , Categories: Jury, sex Offender
J. Palafox finds a lower court erred in granting defendant’s motion to quash after he was charged with child sex offenses. Defendant argued that it violated his double jeopardy rights to be charged with both continuous sexual abuse of a child and lesser constituent offenses, but while this is true for sentencing, “no sentence has yet been imposed and no judgment has yet been entered,” and prosecutors can pursue both at trial. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 10, 2024, Case #: 08-23-00335-CR, Categories: sex Offender, Double Jeopardy, Child Victims
J. Heavican finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant was convicted by no-contest plea for several counts of attempted sexual assault. His motion, based upon an alleged discrepancy between the pronounced and written sentence, was untimely made. Equitable tolling does not apply to the one-year limitation of the cited statute. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: May 10, 2024, Case #: S-22-644, Categories: Sentencing, sex Offender
J. May finds that defendant was improperly convicted of child molesting. The juvenile court lost jurisdiction over defendant and his criminal actions when he turned 21, and the criminal court lacked jurisdiction to try him for conduct that occurred when he was a minor. The gap in jurisdiction has been addressed in a new law, but fairness precludes retroactive application to defendant. Reversed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 10, 2024, Case #: 23A-CR-330, Categories: Juvenile Law, sex Offender, Jurisdiction
J. Humes finds that the trial court improperly granted the state's peremptory strike of a Black, female juror from defendant's trial for sexual abuse of a child. The strike was prima facie discriminatory but the state's reasons for the strike were facially race-neutral. However, the trial court failed to adequately probe the state's claims that it struck the prospective juror because she held a doctoral degree in a soft science, said she was concerned about implicit bias and demonstrated she might be too opinionated. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: May 10, 2024, Case #: A164789, Categories: Jury, sex Offender
J. Womack finds the circuit court properly denied the petition for habeas corpus. Defendant argues his rape conviction is illegal, claiming there are inconsistencies in the judgment and commitment order, as well as in the docket entries. The alleged inconsistences consist only of discrepancies in the offense date. Docket entries recorded by various court clerks have no bearing on the facial legality of a judgment or jurisdiction. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: May 9, 2024, Case #: CV-23-720, Categories: Habeas, sex Offender, Due Process
J. Watkins finds that the trial court properly convicted defendant of criminal attempt to commit rape and aggravated assault. The trial court did not commit any error in admitting into evidence defendant's prior child molestation conviction or defendant's interest in tarot cards and invocation of the devil. The evidence of defendant's prior conviction was relevant to help establish the credibility of the victim's accusation that defendant tried to rape and strangle her while chanting about the devil and speaking in an unknown language. The evidence related to defendant's chanting and calling himself the devil was probative and not unfairly prejudicial to defendant. The state's error in mentioning the prior child victim's age was harmless. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 9, 2024, Case #: A24A0518, Categories: sex Offender, Assault
J. Garry finds that the lower court properly convicted defendant of burglary, criminal trespass, rape, and obstruction of breathing or circulation for repeatedly entering the apartment of his former paramour, forcing her to have sex, and applying pressure to her throat. Defendant contends evidence of forcible compulsion was insufficient to support the rape count, but the victim testified about verbal abuse and physical violence leading up to the assault; that she feared defendant; and that she had not consented to sex. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 9, 2024, Case #: 112842, Categories: Burglary, sex Offender