319 results for 'cat:"Sex Offender" AND cat:"Child Victims"'.
J. Boatright finds that the trial court properly admitted video of a forensic interview of a victim under the child hearsay statute. For the crime of sexual assault on a child by a person in a position of trust, the child hearsay statute applies to any victim under the age of 18. But the trial court must revisit the imposition of concurrent sentences since the offenses did not involve the same supporting evidence. Reversed in part.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: June 12, 2023, Case #: 21SC325, Categories: Confrontation, sex Offender, child Victims
J. Wilson denies the El Salvadoran national’s petition for review of the Board of Immigration Appeals finding him removable through proceedings arising from his conviction for injuring a child by omission because of his inappropriate touching of his younger female relative. None of defendant’s proffered cases in his attempt to show the controlling penal code’s overbreadth demonstrate that Texas would apply it to crimes that do not align with the board’s definition of child abuse. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 9, 2023, Case #: 21-60530, Categories: Immigration, sex Offender, child Victims
J. Hoyle finds the trial court properly convicted defendant for indecency with a child by sexual contact. Defendant argues that, due to his limited criminal history, the imposed sentence of 13 years in prison amounts to cruel and unusual punishment. The sentence is within guidelines and defendant did not object when it was pronounced, failing to preserve the issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: June 8, 2023, Case #: 12-22-00299-CR, Categories: Constitution, sex Offender, child Victims
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J. Egan finds the trial court properly convicted defendant of 12 sexual offenses against three children. “Defendant professed his innocence and never implied that he was guilty and, therefore, no guilt was implied by the refusal” of a polygraph test. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: June 7, 2023, Case #: A176752, Categories: sex Offender, child Victims
J. Scudder finds that the lower court properly convicted defendant of attempted enticement of a minor after he responded to an FBI sting operation's Craigslist ad. Defendant made his sexual desires clear in messages back and forth, and intended to influence the minor to submit to sexual activity by buying her gummy bears. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 7, 2023, Case #: 22-1877, Categories: sex Offender, child Victims
Per curiam, the Fifth Circuit finds the district court, by guilty plea, properly convicted defendant for engaging in illicit sexual conduct in foreign places, sentencing him within guidelines. The 15-year-old Mexican girl’s mother, after her daughter was detained at the border with defendant, told investigators that she had consented to a relationship with the 22-year-old defendant, but after a miscarriage she refused to sign a marriage consent form. A two-level sentencing enhancement was applied for obstruction of justice based on recordings of phone calls defendant made from jail telling the girl not to cooperate with the investigation. The court was entitled to infer that this amounts to obstruction. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-40167, Categories: Immigration, sex Offender, child Victims
J. Palafox finds a lower court ruled correctly in convicting defendant of sexual assault of a child. Defendant argued there was not adequate evidence to convict him due to a lack of physical evidence and because he argued prosecutors “investigate or clarify the timing of the alleged assaults,” but it is the responsibility of the jury to “reconcile conflicts, contradictions and inconsistencies in the evidence,” and the jury did not abuse its discretion in doing just that. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 6, 2023, Case #: 08-22-00119-CR, Categories: Evidence, sex Offender, child Victims
J. Harrison finds the trial court properly convicted defendant of sexual assault of his minor daughter. Defendant says the court improperly denied his motions for mistrial arising from reference to defendant’s illegal immigration status after the court had barred such inquiry. The defense had elicited testimony of defendant’s truthful nature from a former employer, which was countered by the prosecutor’s evoking of the immigration status. The court ordered the prosecutor to ask no more questions on the subject and the defense did not ask for a jury admonition. Defendant suffered no prejudice and the sentence of 12 months of probation shows this. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: May 31, 2023, Case #: CR-22-341, Categories: sex Offender, Due Process, child Victims
J. Arterburn finds the trial court properly convicted defendant for two counts of criminal attempt, aiding and abetting sexual assault and two counts of child abuse after she supported her husband in the commission of the offenses on their children. The court acknowledged defendant’s minimal criminal history as well as her issues with mental health. The seriousness of the offenses and the damage that resulted to her daughters outweighed these facts and the court’s careful consideration does not show an abuse of discretion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: May 30, 2023, Case #: A-22-674, Categories: sex Offender, child Victims, Accomplice Liability
J. Kirsch finds that the lower court properly convicted defendant of sexually exploiting four girls, including her two daughters, and producing explicit videos. Defendant received a below-guidelines sentence, and there is no support for her claim the sentencing judge intended to punish her for being a "bad mother." Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 30, 2023, Case #: 22-1835, Categories: sex Offender, child Victims, Child Pornography
J. Webb finds the trial court properly convicted defendant for five counts of the rape of his minor stepson, sentencing him to five concurrent life terms in prison. He contends that the court’s denial of a continuance prevented him from obtaining his own DNA expert to challenge the state’s supplemental DNA report; but the record does not show that a continuance was ever requested. No prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: May 25, 2023, Case #: CR-22-484, Categories: Evidence, sex Offender, child Victims
J. Liu finds the trial court properly convicted defendant for six counts of forcible lewd acts on his nine-year-old cousin and one lesser included offense of attempt, handing down seven separate, consecutive sentences. The relevant California penal code, requiring that a sentencing court impose “full, separate, and consecutive term[s]” for offenses committed on separate occasions complies with the Sixth Amendment. Affirmed.
Court: California Supreme Court, Judge: Liu, Filed On: May 25, 2023, Case #: S271828, Categories: Sentencing, sex Offender, child Victims
J. Ortega finds the trial court properly determined that there was sufficient evidence to convict defendant of five counts of first-degree sexual abuse of an 8-year-old girl. “A rational trier of fact could find that defendant caused the victim to engage in sexually explicit conduct 'for' defendant to observe her as a masturbatory stimulus and therefore that there was sufficient evidence to support a conviction on each of the display counts.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 24, 2023, Case #: A174153, Categories: Evidence, sex Offender, child Victims
J. Welch finds the trial court properly convicted defendant by a no-contest plea for attempted sexual assault through the use of a communication device. Defendant answered an ad placed by investigators posing as a 15-year-old girl on a website known for prostitution. His communication showed his knowledge of the decoy’s age and his willingness to pay her for sex. All factors were properly considered and all evidence supports conviction. Though defendant lacks a criminal history, sentencing is supported by the benefit received from his plea agreement, the nature of the offense, his previous contact with an underage girl, the court’s finding that a lesser sentence would depreciate the seriousness of the offense and the fact that his sentence of 8-14 years was near the low end of the statutory range of up to 50 years’ imprisonment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 23, 2023, Case #: A-22-775, Categories: Sentencing, sex Offender, child Victims