335 results for 'cat:"Evidence" AND cat:"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 The "fresh complaint" doctrine, which rejects complaints unless they are made immediately after alleged abuse, is outdated since child victims often delay their disclosure of abuse.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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Hess finds that while evidence defendant used illegal drugs before the party at which he sexually assaulted the victim had no relationship to his opportunity or preparation to commit the crime and was, therefore, prejudicial, it was properly admitted by the trial court to prove an essential element of the rape offense - whether defendant's ability to know the victim was impaired was in question at the time of the assault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: March 25, 2024, Case #: 2024-Ohio-1105, Categories: evidence, sex Offender
J. Wicker vacates the trial court's granting of defendant's motion to quash the bill of information charging him with unlawful presence of a sex offender at a school. The statute bars the presence of a defendant from school property if that defendant was convicted of a sex offense "when the victim is under the age of thirteen." Defendant claims he pled guilty to pornography involving juveniles under the age of seventeen and not to the crime of pornography involving the sentencing enhancement applicable when the pornography involved juveniles under the age of thirteen. In this case, the state claims that the La. R.S. 14:91.2(A) applies to any convicted sex offender, regardless of the required elements of the underlying crime, when the state can prove at trial that the underlying sex offense factually involved a victim under the age of thirteen. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 21, 2024, Case #: 23-KA-381, Categories: evidence, sex Offender
J. Procaccini affirms the postconviction court's denial of the defendant's petition for postconviction relief for his third-degree criminal sexual conduct conviction. Guilty verdicts for both that conviction and a charge of attempted third-degree sexual assault are legally consistent, since the defendant was not convicted of, or punished for, the attempted offense. The defendant's counsel was therefore not ineffective for failing to raise that issue. Additionally, the district court did not abuse its discretion when it denied his request for an evidentiary hearing regarding expert testimony challenging the testimony used to convict him, since that purported newly discovered evidence would not probably lead to a more favorable result for the defendant. Affirmed.
Court: Minnesota Supreme Court, Judge: Procaccini, Filed On: March 20, 2024, Case #: A22-1063, Categories: evidence, sex Offender, Double Jeopardy
J. Marcel finds that defendant was properly convicted of second-degree rape. In this case, the victim testified that after she rejected defendant's requests for sex, he drove her out of town to a secluded area, and physically beat her. The victim testified that she had sex with defendant because she was afraid that he would kill her. Further, there was medical evidence of the victim's injuries. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: March 20, 2024, Case #: 23-KA-59, Categories: evidence, sex Offender
J. Dysart finds that defendant was properly convicted of molestation of a juvenile under the age of thirteen, indecent behavior with a juvenile under the age of thirteen, and sexual battery of a victim under the age of thirteen. There was expert testimony that the victim was ten years old when the sexual assaults were first documented and twelve years old when the last incident took place in September 2018. Further, defendant was the victim's biological father and was in a position of power over the victim. Also, the victim testified to the sexual abuse and reported the sexual assaults to her mother, although the mother did not believe her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: March 18, 2024, Case #: 2023-KA-0498, Categories: evidence, sex Offender
J. Emas finds defendant's habeas corpus petition in his case alleging two offenses of lewd and lascivious molestation of a minor under the age of 12 must be granted. In part because the child victim did not testify in person at defendant's adversary preliminary hearing, the child's two out-of-court statements prosecutors submitted at the hearing were improperly allowed as evidence by the trial court, as they qualify as inadmissible hearsay given the circumstances. No other evidence was brought to establish probable cause, so defendant must be released on recognizance.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: March 14, 2024, Case #: 24-0331, Categories: evidence, sex Offender, Child Victims
J. Gallagher finds testimony provided by each of the victims was sufficient to support defendant's rape and gross sexual imposition convictions despite some inconsistencies. Each victim spoke about a specific series of events to establish the elements of the crimes, while the amount of time that passed between the assaults and defendant's trial was likely to blame for any confusion regarding the dates of the crimes. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-954, Categories: evidence, sex Offender, Child Victims
J. Birkett finds that the lower court properly convicted defendant of criminal sexual assault of his stepdaughter. Defendant cannot blame the trial court for his counsel's decision not to play the victim's full interview for the jury when he had the opportunity to do so. Further, it was a reasonable trial strategy not to present this evidence to the jury because it might have generated additional sympathy for her in the eyes of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Per curiam, Filed On: March 13, 2024, Case #: 230125, Categories: evidence, sex Offender