335 results for 'cat:"Evidence" AND cat:"Sex Offender"'.
J. Robinson finds that defendant was properly convicted of attempted indecent behavior with juveniles. The victim, defendant's girlfriend's daughter, testified that defendant was wearing boxers when he got into her bed, spooned her, and pressed his penis on her buttocks. There was also evidence that defendant slapped the victim's buttocks and sniffed her buttocks while she was sleeping. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: March 13, 2024, Case #: 55,466-KA, Categories: evidence, sex Offender
J. Gremillion finds the lower court improperly accepted defendant’s guilty plea. Defendant pleaded guilty via an Alford plea, and was convicted of raping his step-daughter for which he received a sentence of 20 years hard labor without the possibility of probation, parole or suspension of sentence. On appeal, defendant argues there was insufficient evidence to support his guilty plea so the lower court should never have accepted it. The instant court agrees the lower court failed to find sufficient factual basis for accepting defendant’s plea, and remands the matter for an evidentiary hearing to determine if there is sufficient evidence to support the guilty plea and to determine if it was knowingly and voluntarily given.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: March 13, 2024, Case #: 23-681, Categories: evidence, sex Offender, Due Process
J. Eklund finds the trial court properly denied defendant's motion for sanctions against the city for its failure to preserve his interview with police. There was no evidence of bad faith on the part of the police and the interview would not have benefited defendant in the preparation of his defense. Meanwhile, video surveillance footage of the assault and the victim's testimony that defendant grabbed her butt and breasts was sufficient to convict him of sexual imposition. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: March 11, 2024, Case #: 2024-Ohio-889, Categories: evidence, sex Offender
J. Bock finds the child victim's testimony was sufficient to establish all the elements of the rape offenses with which defendant was charged. While there were some inconsistencies between her statements to investigators and testimony at trial, none of her trial testimony contradicted any previous claims and the jury was in the best position to determine her credibility. Meanwhile, although the doctor's statement at trial that there was a "high likelihood that abuse has occurred" was inappropriate vouching for the victim, the error was harmless because the state did not mention the comment at any point during trial and there was other, overwhelming evidence to support defendant's convictions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: March 8, 2024, Case #: 2024-Ohio-851, Categories: evidence, sex Offender, Child Victims
J. Orme finds that the jury had sufficient evidence to infer that defendant was reckless enough about the victim's lack of consent to support a conviction for aggravated sexual assault. Counsel's decision not to have defendant's girlfriend corroborate his story was not the best practice but it was not objectively unreasonable enough for an ineffective assistance claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 7, 2024, Case #: 20200720-CA, Categories: evidence, Ineffective Assistance, sex Offender
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J. Bahr finds that the district court properly entered two criminal judgments following a jury verdict finding defendant guilty of one count of promoting a sexual performance by a minor, one count of patronizing a minor for commercial sexual activity and twelve counts of possession of certain materials prohibited. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: March 7, 2024, Case #: 2024ND39, Categories: evidence, sex Offender
J. McShan finds that defendant was properly convicted of criminal sexual act and course of sexual conduct against a child for allegedly performing oral sex on five boys each under the age of 13 over a protracted period because the weight of the evidence supported the verdict, including testimony from the boys and defendant's own confessions. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: March 7, 2024, Case #: 110875, Categories: evidence, sex Offender, Child Victims
J. Keough finds the trial court properly denied defendant's motion to exclude extraction evidence from the victim's cell phone. Not only was the evidence not used by the state during trial, but defendant admitted his own cell phone records, including text messages, that corroborated the evidence. Meanwhile, the trial court properly continued defendant's trial in his absence following injuries sustained in a stabbing because evidence indicated the wounds were self-inflicted and, therefore, defendant's absence was his own fault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: March 7, 2024, Case #: 2024-Ohio-843, Categories: evidence, sex Offender
J. Wright finds the trial court properly convicted defendant for continuous sexual abuse of a child. The victim testified defendant was in a relationship with her older sister when the victim was 11 or 12 years old. She said defendant eventually began grabbing her breast and touching her vagina, with the behavior escalating to sexual intercourse. She also testified defendant bought her a cell phone in order to facilitate their encounters. The victim then told her friends, who began recording the conversations, eventually playing the recordings for the victim's mother. Ample evidence supports the conviction. All evidence was properly admitted, and no abuse of discretion is found in the court's denial of defendant's motions for mistrial for failure to disclose. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 6, 2024, Case #: 09-21-00386-CR, Categories: evidence, sex Offender, Child Victims
J. Wright finds the trial court properly convicted defendant for continuous sexual abuse of his 8-year-old daughter and 12-year-old stepdaughter. The girls revealed certain abuse to their mother on the same day one had been caught with drugs, as an explanation for why she was doing drugs. Though defense counsel was admonished for his badgering tone when questioning one of the girls about why she did not reveal she was also abused, and did not rephrase his question, ample evidence and testimony support the conviction. The trial court did not comment on the weight of the evidence or limit defendant's ability to cross-examine. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 6, 2024, Case #: 09-23-00049-CR, Categories: evidence, sex Offender, Child Victims
J. Pirtle finds the county court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant was charged with 15 counts pertaining to the sexual abuse of his 15- and 11-year-old daughters and 13-year-old son. He pleaded no-contest to six of the charges. Postconviction claims of ineffective assistance and court errors are procedurally barred because they were or could have been litigated on direct appeal. Defendant has also failed to demonstrate the judge showed any bias by his ruling on his own alleged error. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 5, 2024, Case #: A-23-428, Categories: evidence, sex Offender, Due Process
J. Vigil finds the appeals court erroneously vacated defendant's child pornography convictions because the state provided sufficient evidence to prove the mens rea of each crime, including the production of child pornography. Although defendant argued none of the videos stored on his hard drive and shared on a peer-to-peer network included file names to suggest they involved individuals under the age of 18, evidence indicated the videos remained on the hard drive after they were viewed, despite defendant's claim he would delete any child pornography as soon as he discovered it, while the use of an anti-forensic program thousands of times to delete certain files also indicated defendant was aware he downloaded illegal materials. Affirmed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: March 4, 2024, Case #: S-1-SC-38300, Categories: evidence, sex Offender, Child Pornography
J. Lynch finds that defendant was properly convicted of predatory sexual assault against a child and endangering the welfare of a child concerning several years of sexual encounters with a girl between the ages of 6 and 9. The girl's testimony contained some inconsistencies, but the weight of the evidence supported the verdict. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 29, 2024, Case #: 112141, Categories: evidence, sex Offender, Child Victims
[Consolidated.] J. Doyle finds that the trial court properly granted defendant's motion to suppress evidence derived from real-time GPS and cell-site location information provided by T-Mobile to police. The evidence led to defendant's indictment for rape, kidnapping, robbery and other offenses. The trial court discredited a detective's testimony about the exigent circumstances request made by police and found that four statements in the request contained misrepresentations which exaggerated the exigency of the circumstances. The trial court also correctly rejected defendant's motion to dismiss three counts of the indictment related to the alleged rape in his vehicle. There is no evidence that police acted in bad faith by failing to prevent the vehicle from being vandalized before defendant could search for allegedly exculpatory evidence inside. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: February 29, 2024, Case #: A23A1444, Categories: evidence, sex Offender, Kidnapping
J. Arnold finds a lower court properly sentenced a defendant to life in prison for abusive sexual contact with a fourth- grade female child. The defendant, the child's father's stepbrother, argued that his sentence enhancement was unreasonable. However, the government presented sufficient evidence in court that the defendant's sentence is reasonable based on impact statements from his previous victims, one who testified that he forced her to perform oral sex for ice cream, and that he was a "dangerous sex offender against minors." Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: February 28, 2024, Case #: 23-2116, Categories: evidence, sex Offender, Child Victims
J. Windhorst finds that defendant was properly convicted of forcible rape of a known juvenile and sexual battery. The victim, defendant's biological daughter, testified to three incidents in which defendant forced her to have sex with him without consent, and that defendant touched her vagina without consent when she was thirteen or fourteen years old on three or four occasions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: February 28, 2024, Case #: 23-KA-331, Categories: evidence, sex Offender
J. Molaison finds that defendant was properly convicted of sexual battery. The record shows that defendant was present for all critical stages of the proceedings and that there is no constitutional infirmity in defendant's guilty plea. The transcript of the plea colloquy shows that defendant was aware that he was pleading guilty to sexual battery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: February 28, 2024, Case #: 23-KA-351, Categories: evidence, sex Offender, Plea
J. Abramson finds the trial court properly convicted defendant for sexual assault and sexual indecency with a child. Defendant was arrested after fleeing officers who were investigating a report of a man sexually propositioning minor females with money. Though defendant says that other victim testimony regarding identical prior sex acts was improperly admitted as prejudicial, the testimony was correctly admitted under the pedophile exception. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: February 28, 2024, Case #: CR-23-483, Categories: evidence, sex Offender, Child Victims
J. Stone finds that defendant was properly convicted of attempted aggravated rape. Testimony from the victim's sisters, which detailed defendant watching them while they undressed and bathed as children, smelling their dirty underwear, and having an erection while they sat on his lap, was properly admitted because it established defendant's lustful disposition towards children. Further, the evidence established that the victim and her sisters viewed defendant as a grandparent. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: February 28, 2024, Case #: 55,468-KA, Categories: evidence, sex Offender
J. Johnson finds that defendant's motion to suppress statements related to sexual battery charges made against him was properly denied. The interview video shows the interrogating officer advise defendant that he was under investigation for a sexual battery charge and that defendant nodded and answered "yes" to understanding the Miranda rights read to him. After defendant signed the waiver of rights form, the officer began to question defendant. Although the questions were repetitive and probing, the officer was not “intimidating or menacing." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: February 28, 2024, Case #: 23-KA-322, Categories: evidence, sex Offender
J. Bishop finds the trial court properly convicted defendant for sexual assault. Though defendant claims the sex was consensual, testimony from the victim and another witness, as well as that from a medical examiner, establish the victim was raped and had injuries consistent with forced anal penetration. Defendant's DNA was also found in the victim's body. Defendant was properly sentenced within guidelines, and lifetime requirement to maintain sex offender registration does not amount to cruel and unusual punishment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 27, 2024, Case #: A-22-913, Categories: evidence, Sentencing, sex Offender
J. McKinnon holds that the trial court erred in admitting an uncharged act of sexual assault to show a common scheme with charged counts of sexual assault. The uncharged acts could not prove a common motive or plan since they occurred after the charged acts. Also, the jury was improperly instructed on the mental state required for sexual assault. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: February 27, 2024, Case #: DA 22-0547, Categories: evidence, sex Offender, Jury Instructions
J. Wilkin finds that inconsistencies in the testimony of the victim's uncle do not render defendant's conviction for unlawful sexual conduct with a minor improper. Not only was the jury in the best position to determine witness credibility, but text messages proved defendant was at home on the night of the assault when he asked the victim to return a drill borrowed by the uncle, who lived across the street. Meanwhile, testimony from a police officer that defendant did not wish to make a statement during the investigation did not prejudice the jury against him because his decision to remain silent was not mentioned in opening or closing arguments, while there was also overwhelming evidence to support his guilt. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-794, Categories: evidence, Jury, sex Offender
J. Inos denies a release pending appeal for defendant, who was convicted of sexual and aggravated assault. Despite evidence defendant has no plans to flee or his lack of prior convictions, due to the risk of danger based on the violence of this conviction, defendant does not meet standards for release.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: February 26, 2024, Case #: 2023-SCC-12, Categories: evidence, sex Offender, Assault
J. Westbrook finds the lower court properly denied the request for a new criminal trial filed by the rabbi convicted of sexual assault. Although the affidavit filed by the assistant rabbi claimed the victim was over the age of 16, it was not corroborated by any other evidence and likely would not have changed the outcome of the trial. The victim admitted he was unsure of his age at the time of the abuse, but this statement did not equate to a retraction of his trial testimony, while the assistant rabbi's credibility was also an issue, based on his evasion of subpoenas during both the criminal and civil trials. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 23, 2024, Case #: AC46055, Categories: evidence, sex Offender, Child Victims
J. Wall finds a lower court properly invoked a crowded docket exception on behalf of a defendant. The defendant, who was charged with arranging a sexual encounter of a 17- year-old female, argued that he was entitled to a speedy trial. However, the State presented sufficient evidence in court that the motion was not unreasonable. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: February 23, 2024, Case #: 123687, Categories: evidence, sex Offender, Speedy Trial
J. Heavican finds the trial court properly convicted defendant for first-degree sexual assault and sentenced to 35 to 40 years imprisonment. The victim, after a night of partying and drinking in multiple locations, accepted a ride from defendant. Defendant parked his vehicle in a parking lot before beginning his assault on the protesting victim, who then reported the assault to a police officer who had pulled up behind defendant's vehicle. There was no error in the court’s jury instruction on consent or its decision not to allow continued impeachment of the victim's prior statements to police. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: February 23, 2024, Case #: S-23-147, Categories: evidence, sex Offender, Jury Instructions
J. Fisher finds that the lower court properly convicted defendant of rape and unlawful imprisonment for forcibly having sex with a close friend. A "classic" he-said-she-said version of events had been presented at trial, but evidence supported the victim's contention that physical force had been used to engage in sexual intercourse without her consent, including apologetic text messages defendant sent her. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 22, 2024, Case #: 113252, Categories: evidence, sex Offender