319 results for 'cat:"Sex Offender" AND cat:"Child Victims"'.
J. Hendrickson finds the trial court properly imposed consecutive sentences after defendant pleaded guilty to two charges of sexual battery. The seriousness of his conduct, which included blackmail and threats against the minor victim if she refused to have sex, supported the increased punishment. Although defendant suffers from PTSD as a result of military service and expressed sincere remorse before he was sentenced, the trial court was not required to reduce the sentence and spoke on the record that it considered all required factors before it handed down consecutive sentences. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: February 5, 2024, Case #: 2024-Ohio-381, Categories: Sentencing, sex Offender, child Victims
J. Fenn finds that the lower court properly convicted defendant of sexual assault. He claims that the lower court improperly allowed evidence that related to how defendant began a sexual relationship with the victim when the victim was still a minor, but such evidence is admissible under the law and the lower court carried out all the proper hearings to allow it. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: February 2, 2024, Case #: S-23-0116, Categories: sex Offender, child Victims
Per curiam, the appellate division finds that the trial court improperly convicted defendant of predatory sexual assault against a child. Some of the defendant's arguments were not properly preserved, and witness testimony was sufficient to establish guilt. However, the court should not have permitted the prosecutor's method of reviewing law enforcement disciplinary records. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 22-00360, Categories: sex Offender, child Victims, Discovery
J. Welbaum finds the trial court properly allowed statements made by defendant during a police interrogation to be admitted into evidence during his trial on unlawful sexual conduct arising from defendant having a 13-year-old perform fellatio on him in exchange for a vape pen. The statements were not the result of coercive tactics and defendant was read his Miranda rights at the outset of the interview and affirmed on several occasions he understood the rights and agreed to waive them. Meanwhile, Google records that used GPS to show defendant's location were also properly admitted into evidence because the records were self-authenticated via a certificate provided by Google. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 2, 2024, Case #: 2024-Ohio-361, Categories: Miranda, sex Offender, child Victims
Per curiam, the appellate division finds that defendant was improperly convicted of first-degree rape of a seven-year-old girl because while the victim testified defendant's penis touched her vagina, she was "not sure" penetration occurred. However, defendant failed to preserve other arguments. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 19-02151, Categories: Evidence, sex Offender, child Victims
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J. Aoyagi finds the trial court properly denied defendant’s motion to set aside his harassment conviction because defendant’s failure to complete sex offender treatment made him a threat to public safety. “Having asserted the right to a hearing and received a hearing, defendant cannot now claim that it was error to hold a hearing.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 31, 2024, Case #: A179424, Categories: sex Offender, child Victims, Harassment
[Consolidated] J. Wright finds the trial court properly convicted defendant for sexual assault of a child and continuous sexual abuse of a young child. Officers investigated defendant after receiving an anonymous report he was living with two underage girls. Police discovered he had been engaged in sexual a relationship with a14-year-old, and with a 16-year-old who was pregnant with his child. Defendant represented himself at trial and claimed the girls lied about their ages. The victims did not testify at trial and defendant had no right to confrontation. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: January 31, 2024, Case #: 09-23-00117-CR, Categories: sex Offender, Due Process, child Victims
J. Herndon finds the trial court properly convicted defendant for lewdness with a 12-year-old boy and luring children with the intent to engage in sexual conduct. Ample evidence, including text messages in which defendant professed his love for the boy, and the boy's testimony that defendant told him he was discharged from the military for being a pedophile, support the conviction and were properly admitted. Defendant's neighbor also testified defendant barged into his home in search of the boy. All evidence was properly admitted, including that of prior bad acts and surrounding events. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 84957, Categories: Evidence, sex Offender, child Victims
J. Pipkin finds that the trial court properly convicted defendant of aggravated child molestation. Defendant failed to show that he was prejudiced by any alleged deficiencies in the indictment. The trial court did not commit any error in instructing the jury that the offenses could be proven on any date within the statute of limitations. Defendant failed to show that his trial counsel was deficient for failing to strike a juror from the venire or that he was prejudiced by his trial counsel's failure to request a jury charge on alibi. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 24, 2024, Case #: A23A1307, Categories: Ineffective Assistance, sex Offender, child Victims
J. Kamins finds the trial court plainly erred in failing to instruct on the mental state for the element of sexual contact but declines to correct the error. The guilty verdicts, which indicate that the jury believed the touching had occurred make it "unlikely that the jury did not also find that defendant knowingly subjected the victim to sexual contact.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A178211, Categories: sex Offender, child Victims, Jury Instructions
J. Cruser finds that the lower court properly sentenced defendant for sex crimes against a minor. On appeal, defendant takes issue with the fact that during his offender score calculations, the state included a prior sex offense conviction from an Australian court in 2017. Under the statute that governs the calculation of sex offender scores, there is no language that excludes foreign country convictions from being able to be included in an offender score. Affirmed.
Court: Washington Court Of Appeals, Judge: Cruser, Filed On: January 23, 2024, Case #: 57076-9-II, Categories: Sentencing, sex Offender, child Victims
J. Bowes finds that the lower court improperly sentenced defendant to 36-to-72 years in prison for multiple counts of sexually abusing three minor children. The sentence was illegal because the court imposed conditions that only the Pennsylvania Board of Probation and Parole or Department of Corrections had authority to instill. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: January 22, 2024, Case #: J-S45004-23, Categories: Sentencing, sex Offender, child Victims
J. Webb finds the trial court properly convicted defendant for two counts of rape, sentencing him to life in prison. Defendant was convicted for raping his granddaughters repeatedly between 1993 and 2003, when the girls were under the ages of 14, and claims the conviction is barred by the statute of limitations. The crimes were reported well after their commission. Charges would be time-barred only if the crimes had been reported before the General Assembly amended the relevant section of law extending the period of limitations. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: January 18, 2024, Case #: CR-23-265, Categories: sex Offender, Due Process, child Victims
J. Harrison finds the trial court properly convicted defendant for the sexual assault of his minor daughter and her minor friend. All evidence and testimony involving defendant's ongoing "grooming" of the children support the conviction. Though trial counsel has filed a no-merit brief and requested to withdraw, his brief did not address the adverse ruling that, before sentencing but after the finding of guilt, defendant was not allowed to see his children. Rebriefing is ordered and counsel's motion to withdraw is denied.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 17, 2024, Case #: CR-23-119, Categories: sex Offender, Due Process, child Victims
J. Glasgow finds that the lower court properly sentenced defendant for child molestation. Defendant claims that his offender score was too high and that the lower court improperly imposed an exceptional sentence against him. While the lower court admits his offender score could have been miscalculated, the fact that he used "his position of trust" to facilitate his crimes, means his sentence would have been just as exceptional regardless of his offender score. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: January 17, 2024, Case #: 57221-4-II, Categories: Sentencing, sex Offender, child Victims
J. Goldberg affirms the criminal conviction of a 41-year-old defendant for indecent solicitation of a child, a fictitious girl named Alice created by police investigating internet crimes against children. Although defendant argues the state failed to present a date of birth for Alice, evidence is clear defendant was planning to meet a 14-year-old child with whom he had communicated regarding sexual penetration. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: January 16, 2024, Case #: 22-296, Categories: sex Offender, child Victims
J. Barrett finds the trial court properly convicted defendant for rape and internet stalking of a child based on sufficient evidence. When defendant's 14-year-old stepdaughter requested money for a Roblox gaming account, he sent her a text message that stated, “I give u the money blow me.” She protested after he explained what he meant, but eventually gave in. Facebook Messenger reported the inappropriate conversation and defendant was arrested. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 10, 2024, Case #: CR-23-20, Categories: Evidence, sex Offender, child Victims
J. Chicchelly finds that defendant was properly denied relief from his conviction for enticing a minor under the age of 16 with a sexual purpose after arranging on Facebook to have sex with his 14-year-old cousin. Defendant contends his plea was not supported by a factual basis, but his Facebook messages provided overwhelming evidence of intent. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: January 10, 2024, Case #: 23-0479, Categories: Intent, sex Offender, child Victims
J. Ortega finds the trial court properly excluded evidence of an alternative suspect. The fact that victim “lived with a man who had been accused of sexually abusing another child did not support a reasonable inference that the third party had the opportunity or means to commit the charged offenses, which were alleged to have occurred in defendant’s home while [victim] lived with defendant.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: January 10, 2024, Case #: A177061, Categories: Evidence, sex Offender, child Victims
J. Orme holds that defendant is entitled to a new trial on rape of a child and aggravated sexual abuse of a child counts because trial counsel failed to request a unanimity jury instruction. However, his challenges to the evidence supporting his conviction for object rape of a child are insufficient. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: January 5, 2024, Case #: 20190593-CA, Categories: sex Offender, child Victims
J. Aoyagi finds the trial court erred in sentencing defendant to 75 months in prison for one count of sexual abuse against a minor. “A 75-month prison sentence for a single peck on the lips is unconstitutionally disproportionate, and it is not rendered proportionate by the fact of other convictions against a different victim in the same case, where defendant’s criminal history does not establish that he is incorrigible or resistant to reform or deterrence.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 4, 2024, Case #: A177043, Categories: Sentencing, sex Offender, child Victims
J. Abele finds the trial court properly imposed a 54-month sentence for each of defendant's 30 convictions for unlawful sexual conduct with a minor. Not only were the sentences within the statutory range, but defendant was fully advised of the maximum penalty he faced before he went to trial. Meanwhile, the failure by defendant's attorney to request a sentencing merger on all of the counts did not qualify as ineffective assistance because each of the counts was related to a specific instance of sexual intercourse or fellatio and could not be considered a single, continuous course of conduct that would have allowed for merger. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-57, Categories: Sentencing, sex Offender, child Victims
J. Pirtle finds the trial court properly convicted defendant for first-degree sexual assault on a child, incest with a victim under 18 years of age, and third-degree sexual assault on a child. The stepmother's testimony regarding the number of text messages the child had received from her stepfather, and that he had hit her, did not prejudice him. Furthermore, her interrupted, incomplete statement she “was aware of some physical” does not constitute character evidence, and attempts to complete the sentence are merely speculative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: January 2, 2024, Case #: A-22-776, Categories: Evidence, sex Offender, child Victims
J. Diaz finds that the lower court properly convicted defendant of a series of sex crimes against his daughter, including rape and child molestation. Defendant argues that a law criminalizing incest is unlawful and that there was not enough evidence to convict him. But there is nothing on the record that supports any of his assertions and defendant's claims of "irregularities" during trial are without merit. Affirmed.
Court: Washington Court Of Appeals, Judge: Diaz, Filed On: January 2, 2024, Case #: 84445-8-I, Categories: sex Offender, child Victims
J. Riedmann finds the county court properly denied defendant's verified motion for postconviction relief without an evidentiary hearing in connection with his sexual assault of a child conviction. Defendant's petition states he does not know whether a plea offer had been made by the state, but that counsel would be ineffective for not relaying it if one had been made. The absence of an allegation a plea offer was actually made is sufficient defect to deny an evidentiary hearing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: January 2, 2024, Case #: A-23-200, Categories: sex Offender, Plea, child Victims
J. Aoyagi finds trial court properly declined to declare a mistrial after a witness vouched for the complainant that contributed to defendant’s conviction for two counts of first-degree sodomy. “The court took appropriate corrective action to address the situation, including striking the testimony, giving a detailed curative instruction, and giving a final instruction that reiterated the jury’s singular responsibility for making credibility determinations.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: December 28, 2023, Case #: A176792, Categories: sex Offender, child Victims, Jury Instructions