319 results for 'cat:"Sex Offender" AND cat:"Child Victims"'.
J. Hellman finds the post-conviction court properly denied defendant’s petition for relief from several counts of first-degree sex crimes against a minor. To preserve “a claim for replacement of counsel based on counsel’s oppositional statements as opposed to his claim based on counsel’s refusal to raise certain claims, petitioner needed to have objected to counsel’s response on the record.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A174808, Categories: Ineffective Assistance, sex Offender, child Victims
J. Moore finds the trial court properly convicted defendant for first-degree sexual assault of a child. Defendant's stepdaughter, his wife's niece and his own biological niece alleged he improperly touched and exposed himself to them, eventually leading to acts of digital penetration and oral sex. Forensic interviews and other evidence support the convictions. The charges were properly joined due to relatedness and occurrence over a period of time. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-138, Categories: sex Offender, Due Process, child Victims
J. Price finds that the lower court properly convicted defendant for child molestation and incest against his daughter. Defendant argues that his daughter was improperly found competent to testify and that she made hearsay statements on the record. The lower court followed all the proper procedures in allowing a child to testify on such a serious issue and showed real thought in considering what was "reasonable to expect for a 6-year-old’s memory." Affirmed.
Court: Washington Court Of Appeals, Judge: Price, Filed On: March 5, 2024, Case #: 57808-5-II, Categories: sex Offender, Witnesses, child Victims
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
J. Barnes finds that the trial court properly convicted defendant of child molestation and correctly denied defendant's motion for a directed verdict of acquittal and a special demurrer to the indictment. Sufficient evidence was presented to support defendant's convictions and to prove venue. The trial court correctly admitted evidence of nude photos found on defendant's laptop and evidence of other acts of child molestation the victim testified happened in Florida. Statements made by the victim's grandmother accusing the victim of lying which were recorded on a police officer's body camera were correctly excluded as inadmissible hearsay. The statements did not constitute an excited utterance or a present sense impression. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: February 29, 2024, Case #: A24A0036, Categories: sex Offender, child Victims
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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. 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. Aoyagi finds the trial court properly sentenced defendant, convicted of a total of nine sex crimes against two children. “Defendant committed the acts when he was 16 years old but he was not charged until he was an adult…[and] he went directly into adult court, rather than being waived into adult court.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A178968, Categories: Sentencing, sex Offender, child Victims
J. McCullough finds the lower court improperly determined that the originating court abused its discretion in declining to provide funds to retain several experts who would assist the defendant in challenging his confession. The defendant admitted to four counts of rape and one count of object sexual penetration of a child under the age of thirteen. The defendant later sought to hire a psychologist to assist him in court on the subject of mental deficits that make a person vulnerable to coercive interrogation tactics. The jury could view the video of the interrogation and evaluate the impact of the police tactics for themselves meaning he did not require an expert on the subject of police interrogation tactics.
Court: Virginia Supreme Court, Judge: McCullough, Filed On: February 28, 2024, Case #: 220382, Categories: Jury, sex Offender, child Victims
J. Watkins finds that the trial court properly convicted defendant of child molestation, enticing a child for indecent purposes and incest. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that he was prejudiced by his trial counsel's failure to move for a mistrial after being informed that an empaneled juror was told by a friend that defendant had a reputation for sexual misconduct. Defendant failed to present testimony from the juror to prove the veracity of the juror's statement and the effect the friend's statement had on the juror's opinion of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: February 28, 2024, Case #: A23A1621, Categories: Ineffective Assistance, sex Offender, child Victims
J. Barrett finds the trial court properly convicted defendant for sexual assault. The victim testified to experiencing multiple sexual assaults by defendant, her mother's boyfriend, occurring over a period of years between the ages of 3 and 14. Notably, though she had not seen defendant's penis, she knew what it was when he forced it into her mouth in a dark room. Defendant was apprised of the charges, and the jury was correctly not instructed on limiting certain conduct to rape and other conduct to sexual assault. Witness credibility is an issue for the jury, and the victim's testimony is sufficient. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 28, 2024, Case #: CR 23-147, Categories: sex Offender, child Victims, Jury Instructions
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. Hoffstadt finds the trial court improperly denied a stepfather’s motion for removal from the sex offender registry after he sexually battered his seven-year-old stepdaughter. He was charged with lewd and lascivious acts with a minor and was sentenced to six months in jail with five years of probation. The stepfather has not reoffended and has registered as a tier two sex offender in an excess of 20 years. Therefore, this case is remanded for him to be removed from the registry. Reversed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: February 22, 2024, Case #: B324852, Categories: sex Offender, child Victims
J. Mercier finds that the trial court properly convicted defendant of rape, aggravated child molestation and child molestation. The trial court did not commit any error by refusing to give a preliminary jury instruction or by admitting evidence of other acts committed by defendant which were not admitted during his first trial. Defendant failed to show that he was harmed or prejudiced by the court reporter's failure to transcribe the sidebar in which defendant requested the preliminary instruction. The trial court correctly denied defendant's motion for release of the jurors' personal information. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: February 21, 2024, Case #: A23A1504, Categories: sex Offender, child Victims
J. Thacker finds the lower court properly read instructions to the jury. The sex offender argued that he did not need to register himself as a sex offender in West Virginia after traveling from Virginia because he was living at campsites rather than a permanent residence. A sex offender habitually lives in the relevant sense in any place in which the sex offender lives for at least 30 days. The sex offender stayed at the campsite he was arrested at for touching a minor for a little over two months. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: February 21, 2024, Case #: 22-4595, Categories: sex Offender, child Victims, Child Pornography
J. Moore finds the county court properly convicted defendant by no-contest plea for sexual assault. Evidence and victim testimony shows defendant sexually assaulted his 14-year-old stepdaughter. Though the presentence report included police reports involving other events not at issue in the charge, the county court properly reviewed the report and sentenced defendant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 20, 2024, Case #: A-23-560, Categories: Sentencing, sex Offender, child Victims
J. Gibbons finds the trial court properly convicted defendant for attempted sexual assault and incest. Defendant says the court incorrectly accepted his Alford plea being that he did not understand the elements of sexual assault. Defendant did not take his plea until after voir dire, when the victims were ready to testify. The court also based its sentencing decision on the facts of the crimes, indicating the defendant's failure to acknowledge his immorality was used as a sentencing factor. The court did not vindictively sentence defendant because he exercised his right to a jury trial. Affirmed
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 20, 2024, Case #: 85880-CoA, Categories: Jury, sex Offender, child Victims
J. Wall finds a lower court properly convicted a defendant for commercial sexual exploitation of a child. The defendant, who paid a 17- year-old female to have sex with him after contacting her on Snapchat using the name "Wamma Jamma," argued that he was deprived of a speedy trial. However, the government sufficiently showed in court that the "crowded-docket exception" allowed it to order a single continuance for 30 days. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: February 16, 2024, Case #: 123687, Categories: sex Offender, Speedy Trial, child Victims
J. Rovner finds that the lower court properly convicted defendant of attempting to persuade a minor to engage in sexual activity. When considered as a whole, the jury instructions accurately summarized the law. Further, even if there were an error, the evidence against defendant was so overwhelming that it did not prejudice his case. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: February 14, 2024, Case #: 23-1542, Categories: sex Offender, child Victims, Jury Instructions
J. Palafox finds a lower court did not err when it convicted defendant of sexual assault of a child. Defendant appealed based on a jury instruction, which included a “factually impossible date” on which the victim would have no longer been a minor. However, since the jury established that sexual contact did in fact happen while the victim was a minor, this instruction creates “no egregious harm.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: February 14, 2024, Case #: 08-23-00197-CR, Categories: sex Offender, child Victims, Jury Instructions
J. Mackey finds that the lower court improperly convicted defendant of course of sexual conduct against a child and endangering the welfare of a child for allegedly digitally penetrating an 8-year-old boy's rectum whenever the child shared his bed. A question from the jury was not adequately answered to dispel their confusion over the statutory time element involved. As a result, a new trial is warranted. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 8, 2024, Case #: 113425, Categories: Jury, sex Offender, child Victims
J. Moeller finds that the trial court improperly admitted video evidence of recorded interviews with defendant's alleged victim by a social worker in his trial for lewd conduct and disseminating harmful material to a minor. The purpose of the social worker's questioning was not only diagnostic, as she sought details about the perpetrator to build a criminal case and was partially guided by an investigator monitoring the interview over a closed-circuit monitor. The forensic component of the interview transformed it from medical to investigatory, and the video evidence into testimony subject to confrontation. Vacated.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: February 8, 2024, Case #: 50523, Categories: Confrontation, sex Offender, child Victims
J. Chicchelly finds that defendant was properly convicted of exploitation of a minor. Partially naked photos of the 13-year-old victim were found on defendant's Facebook Messenger account after defendant was seen leaving the victim's home where she was found naked in the basement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 7, 2024, Case #: 22-1804, Categories: sex Offender, child Victims
J. Gladwin finds the trial court properly denied defendant's challenge to the special conditions for sex offender probation. Defendant pleaded guilty to allegations he forced his 11-year-old stepdaughter to undress in front of him and kiss him, and that he watched her while she showered. He says the probation conditions that prevent him from having any relationship with someone who has a minor child are unconstitutional. The conditions bear a direct relationship to preventing re-offense, even being that a stricter standard was applied for review. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CR-23-320, Categories: Sentencing, sex Offender, child Victims