104 results for 'cat:"Evidence" AND cat:"Sex Offender" AND cat:"Child Victims"'.
J. Lumpkin finds the trial court properly convicted defendant for lewd or indecent acts with a child under 16, sentencing him to 45 years in prison. The 10-year-old victim disclosed to her mother that she was sexually abused by defendant when they had lived in a trailer with defendant when she was between the ages of 6 and 8. Upon forensic interview she described accounts of blood-drawing oral and vaginal rape, during which the nurse said she became frightened and pulled a blanket over her, crossing her arms, and clinging to a baby doll. All evidence supports conviction. Defendant had also waived his right to confront the victim by counsel's strategy, choosing not to object to the nurse's testimony and letting that impersonal evidence be admitted rather than having the victim testify. This was a reasonable trial strategy and counsel was not ineffective for utilizing it. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Lumpkin , Filed On: June 30, 2023, Case #: F-2022-2, Categories: evidence, sex Offender, child Victims
J. Zenoff finds the trial court properly convicted defendant, who is 50 years old, for four counts of sexual assault, having had sexual relationships with his underage martial arts students, sentencing him to 8 years in prison. The jury rationally found defendant held a position of authority in relation to his students and the evidence presented supports conviction. A victim testified that defendant used jiujitsu against her to the point she was unable to fight, and she “just let him do whatever he wanted.” She also said that he made classes harder on her when she did not have sex with him. It was the jury's province to resolve any conflicting evidence. Defendant received a fair trial and the court imposed the minimum sentence. Affirmed.
Court: Illinois Appellate Court, Judge: Zenoff , Filed On: June 29, 2023, Case #: 4-22-0947, Categories: evidence, sex Offender, child Victims
J. Riedmann finds the trial court properly convicted defendant for two counts of the sexual assault of his girlfriend’s daughter, providing her with “vapes” in exchange for allowing him to give her “backrubs” which included sexual acts. All evidence supports conviction, and the sentences were imposed within guidelines. Defendant’s claims of counsel’s failure to comment on the factual basis at the plea and sentencing hearing, to review the victim’s interview for discrepancies with her deposition, and to advise on DNA testing are without merit. Remaining claims of ineffective assistance cannot be addressed on direct appeal and are preserved for postconviction review. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 20, 2023, Case #: A-22-945, Categories: evidence, sex Offender, child Victims
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant of rape and predatory sexual assault against a child for contact with a female relative between the time she was 9 and 15 years old. Defendant contends the child gave insufficiently detailed, repetitive accounts, but her testimony was corroborated by DNA evidence found on her clothing. However, criminal sexual act counts must be dismissed as inclusory of concurrent counts of predatory sexual assault against a child, and incest counts must be dismissed since DNA evidence could have applied to other male relatives. Affirmed in part.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 15, 2023, Case #: 111219, Categories: evidence, sex Offender, child Victims
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J. Welch finds the trial court properly convicted defendant for sexual assault and felony child abuse on the 14-year-old victim’s accusations and after rejecting a plea offer. The victim met defendant while skateboarding, and over the next several weeks was often treated to alcohol and drugs before defendant eventually sexually assaulted him. Texts shared between the victim and defendant, witnessed by the victim’s mother, support conviction. Though defendant watches “a lot of Law and Order” and feels like “everyone is against him,” the court properly observed nothing to suggest that representation was insufficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 13, 2023, Case #: A-22-632, Categories: evidence, 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. 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. 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. Wood finds that the trial court improperly convicted defendant of rape of a child because evidence that defendant "previously engaged in
consensual sexual intercourse with an adult woman who had been drinking is not sufficiently similar" to establish defendant intended to engage in sexual acts with the alleged victim after drinking. Affirmed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 16, 2023, Case #: COA22-130, Categories: evidence, sex Offender, child Victims
J. Welch finds the district court properly denied defendant’s motion for postconviction relief without an evidentiary hearing. Defendant was convicted for multiple charges of child sexual assault after his adopted daughter made the allegations while receiving medical care for attempted suicide. The record sufficiently refutes defendant’s claim that he was prejudiced by his counsel’s failure to utilize his tractor-trailer driving logs to prove an alibi. The logs did not encompass the entirety of the timeframes as necessary for an alibi defense. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: May 16, 2023, Case #: A-22-564, Categories: evidence, sex Offender, child Victims
J. Golemon finds the trial court properly convicted defendant for sexual assault of a child. The victim testified that she was 12 years old at the time of the assault, identifying defendant as the offender. The trial court did not abuse its discretion in concluding that the investigator’s opinion that the 17-year-old defendant’s saying that he “thought she was 15” was “to make himself look better” was based on his personal knowledge of the matter, or in concluding the opinion was rationally based on his perceptions and helpful to understanding his testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: May 14, 2023, Case #: 09-22-00172-CR, Categories: evidence, sex Offender, child Victims