319 results for 'cat:"Sex Offender" AND cat:"Child Victims"'.
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. 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. 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
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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. 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. Thyer finds the trial court properly convicted defendant for sexual assault. Defendant's charge of rape against his 9-year-old daughter was reduced to second-degree sexual assault on the victim's testimony that she was petting her dog after a bad dream when defendant entered the room, pulled her off the bed and put his penis between her "butt cheeks." The mother witnessed the assault, and friends and other family were told about it before police were called. The testimony does not need to be corroborated and sufficient evidence supports the conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: May 8, 2024, Case #: CR-23-410, Categories: Evidence, sex Offender, child Victims
J. Carr finds that defendant was properly convicted of sexual abuse and lascivious acts with a minor for raping his granddaughter. Defendant contends an expert witness improperly vouched for the victim's credibility, but the witness only generally testified that victims of child abuse display certain demeanors, without specifically vouching for the victim. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: May 8, 2024, Case #: 22-2033, Categories: sex Offender, Experts, child Victims
J. Doyle finds that the trial court properly convicted defendant of aggravated child molestation, child molestation and incest. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to strike from the jury a juror employed as a corrections officer in the jail where defendant was held after his arrest. The juror had no arrest powers and no personal knowledge of defendant being an inmate when he served on the jury. Defendant failed to present evidence showing that the juror could not be impartial. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 7, 2024, Case #: A24A0217, Categories: Jury, sex Offender, child Victims
J. Boomgaarden finds that the lower court properly convicted defendant of sexual abuse and other sex crimes against a minor. Defendant claims there was not enough evidence entered on the record to convict him, but the state brought forward witnesses and other exhibits that all supported a jury being able to conclude beyond a reasonable doubt that he acted knowingly and with intent. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: May 2, 2024, Case #: S-23-0268, Categories: Evidence, sex Offender, child Victims
J. Hudson finds the trial court properly convicted defendant for child sexual abuse and rape, sentencing him to 25 years in prison. Nothing in defendant's confession video suggests coercion or involuntariness, and he fails to show the court's decision to allow it into evidence was erroneous. All evidence supports the conviction and nothing in the record suggests the judge considered extraneous allegation when sentencing. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: May 2, 2024, Case #: F-2022-620, Categories: Evidence, sex Offender, child Victims
J. Dillard finds that the trial court properly convicted defendant of child molestation, aggravated sexual battery, rape, incest, sexual exploitation of children, influencing a witness and other related offenses. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to object when defendant's handwritten notes to the victim were allowed to go out with the jury during deliberations. The notes were original documentary evidence, therefore any continuing witness objection put forth by defendant's counsel would have been overruled. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0533, Categories: Ineffective Assistance, sex Offender, child Victims
J. St. Eve finds that the lower court properly convicted singer R. Kelly of sexually abusing underage girls, and of child pornography for videotaping his sex acts with his victims. Under current law, there is no statute of limitations for sex crimes against children. Although R. Kelly's abuse of his victims took place in the 1990s and 2000s, he is not entitled to the application of an earlier version of the statute with a shorter limitations period. The PROTECT Act of 2003 unambiguously applies retroactively to R. Kelly's crimes. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 26, 2024, Case #: 23-1449, Categories: Criminal Procedure, sex Offender, child Victims
J. Kelly finds that the trial court properly convicted defendant, the owner of a group home, of indecency with a child. Defendant argues that it was not her who took advantage of the 5-year-old victim, but she who was the victim. Reviewing the evidence, the trial court used its common sense to conclude that it was defendant, an adult woman, who caused the child to touch her sexual organs. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 25, 2024, Case #: 03-22-00697-CR, Categories: 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. 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. 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
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. Gremillion finds that the lower court properly convicted defendant to 25 years in prison for one count of third-degree rape, two counts of indecent behavior with a juvenile and one count of pornography involving a juvenile. Defendant's sentence was not excessive because he consistently targeted girls between the ages of 13 and 16 to get them drunk and perform sexual acts with them. He entered his guilty plea knowing that it waived his right to appeal his convictions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: April 17, 2024, Case #: KA-23-621, Categories: Sentencing, sex Offender, child Victims
J. Virden finds the trial court properly convicted defendant for sexual assault and rape committed against his minor grandchildren based on sufficient evidence. The children testified the abuse, including vaginal and oral penetration, seemed like normal life. Defendant told one of the children that if she told anyone she would be committed to a mental institution, also threatening to hurt her pets. Witness credibility was properly considered, and the court properly elected to run the sentences consecutively. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: April 17, 2024, Case #: CR-23-581, Categories: Sentencing, sex Offender, child Victims
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. Stewart finds the district court properly dismissed the Texas inmate's second-in-time petition for lack of jurisdiction. Convicted for continuous sexual abuse, indecency with a child and sexual contact, and possession of child porn, the inmate says that though his first-in-time petition was still pending on appeal when his second-in-time habeas petition was filed, the second filing should have been construed as a motion to amend. Consistent with statutory and Supreme Court guidance, the inmate's second-in-time petition was successive, and subject to the court’s transfer order for lack of jurisdiction absent authorization to file. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: April 15, 2024, Case #: 21-11031, Categories: Habeas, sex Offender, child Victims
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. Musseman finds the trial court properly convicted defendant for lewd or indecent proposals to a child under 16 based on sufficient evidence. The jury's 5-year sentence was within the statutory range and the sentencing judge imposed the assessed sentence. Defendant raised no objection during sentencing. Though defendant made only proposals to the child, he is equally legally culpable as one having committed the act of sexual molestation. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: April 11, 2024, Case #: F-2022-787, Categories: Sentencing, sex Offender, child Victims
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. Miller finds that the trial court properly convicted defendant of aggravated child molestation and child molestation. Sufficient evidence was presented to support defendant's convictions, including defendant's own admission to his wife that he had sex with one victim. The trial court correctly denied defendant's motion for a new trial. Defendant failed to vigorously assert his right to appeal and cannot show that he was prejudiced by the 20-year delay between his convictions and the resolution of his motion for a new trial. Three pro se filings made by defendant between 2005 and 2009 did not specifically claim that his due process rights were violated by the delay. Defendant did not first assert a due process violation until 2022. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: April 9, 2024, Case #: A24A0344, Categories: sex Offender, Due Process, child Victims