319 results for 'cat:"Sex Offender" AND cat:"Child Victims"'.
J. Yegan finds the trial court properly convicted defendant for human trafficking of a minor for a commercial sex act involving force. Evidence found during the traffic stop, including condoms, feminine hygiene products, wigs, clothing, and text messages referring to prostitution and threats of abuse, was properly admitted and supports the conviction. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan , Filed On: November 20, 2023, Case #: B312618, Categories: Evidence, sex Offender, child Victims
J. Graves finds the district court improperly revoked defendant's supervised release. Although defendant's criminal mischief charge was dismissed, revocation was pursued, which denied him his right to confront and cross-examine adverse witnesses without good cause. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: November 17, 2023, Case #: 23-20381, Categories: sex Offender, Due Process, child Victims
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J. Alvord finds the lower court properly denied defendant's motion for a sentence modification in his sexual assault case. Although he provided evidence of good behavior and rehabilitation in prison, the seriousness of his crimes outweighed any rehabilitative efforts. Defendant repeatedly raped a child with whom he shared a home and impregnated her at the age of 12, an act from which her mother claimed the child will never recover, especially considering she chose to carry the baby to term. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: November 9, 2023, Case #: AC45812, Categories: Sentencing, sex Offender, child Victims
J. Ryan finds the trial court properly imposed consecutive sentences in defendant's sex abuse case. The record shows defendant raped four victims, including his stepchildren and biological daughter, over a 12-year period and caused substantial harm to all of the victims, one of which was diagnosed with PTSD as a result of the abuse. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: November 9, 2023, Case #: 2023-Ohio-4068, Categories: Sentencing, sex Offender, child Victims
J. Armstead finds that the lower court properly convicted defendant of sexual assault. Defendant appealed his conviction on the grounds that the jury was not instructed on a lesser charge of attempted sexual assault, and that he was improperly denied a mistrial. The court finds that the evidence did not support the instruction of a lesser charge, and the evidence that established defendant’s guilt weighed heavily against the denial of a mistrial. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-239, Categories: sex Offender, Assault, child Victims
J. Welch finds the county court properly denied defendant’s motion for absolute discharge on speedy trial grounds from charges of sexual assault of child. Defendant’s motion to continue constituted an effective waiver of his right to a speedy trial because the clock was not set to expire at that point, and the court’s granting of the motion resulted “in a ... delay that ... extended ... trial outside the speedy trial window.” Defendant’s assignment that excludable periods associated with delays caused by his own motions for continuances without admonishment fails. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: November 7, 2023, Case #: A-23-048, Categories: sex Offender, Speedy Trial, child Victims
J. Mitchell finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel. It is unlikely the jury's guilty verdict would have changed had counsel objected to the state's propensity witness testimony. Further, defendant was not prejudiced by alleged hearsay testimony about defendant sexually abusing others because many of the witnesses were available at trial for cross-examination. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: November 7, 2023, Case #: WD85449, Categories: sex Offender, Witnesses, child Victims
J. Pirtle finds the trial court properly convicted defendant for three counts of sexual assault of his minor cousin. A resource officer at the victim’s school called child protective services after the victim emailed her a photo of herself crying, stating that defendant had beat her up. The victim was then removed from her home after other evidence came to light, and placed with the resource officer, who noticed a change in the victim’s behavior when around her husband. The officer asked if someone had touched her inappropriately and the victim pointed out defendant. All evidence supports conviction and defendant has not preserved objections to the state’s motions for appellate review. Ineffective assistance claims fail for lack of proof. The record is insufficient on direct appeal. Affirmed
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: November 7, 2023, Case #: A-22-973, Categories: Evidence, sex Offender, child Victims
Per curiam, the circuit finds that the district court properly convicted defendant of sex trafficking a minor and inducing her to engage in sexually explicit conduct. Defendant challenged venue in one of two New York City districts, since he operated from one venue and the victim was from the other, but evidence indicates his repeated communications to induce and solicit her participation reached her in the southern district in Manhattan. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-287-cr, Categories: Criminal Procedure, sex Offender, child Victims
J. Navarro finds the trial court was not required to include a jury instruction regarding defendant's culpable mental state in relation to the charge of sexual abuse by a person in a position of trust. A knowing mental state is not required for the position of trust element of the crime. The term "knowingly" appears in an entirely separate clause from the "position of trust" language in the criminal statute, which is intended to protect the child victims, regardless of whether the perpetrator subjectively believes they are in a position of trust. Affirmed.
Court: Colorado Court Of Appeals, Judge: Navarro, Filed On: November 2, 2023, Case #: 2023COA102, Categories: sex Offender, child Victims, Jury Instructions
J. Horton finds the trial court properly convicted defendant for the sexual assault of his daughters. Though the trial court excluded evidence that a daughter had made a claim of sexual misconduct committed by another man which was later recanted as false, exceptions to the rule governing such evidence exclusion don’t automatically trigger examination on matters not shown to be relevant to possible bias. Defendant failed to establish error in the court’s ruling that the victim could not be questioned on the accusations. All evidence supports the convictions, and right to confrontation does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: November 1, 2023, Case #: 09-22-00286-CR, Categories: Evidence, sex Offender, child Victims
J. Murphy finds the trial court properly found defendant guilty of multiple rapes of his step-granddaughter. The girl disclosed to her school counselor that defendant had repeatedly raped her, and her mother testified that her daughter was diagnosed with clinical anxiety between the ages of five and six. The child testified that when she was four or five, defendant performed oral sex on her while she watched Frosty the Snowman, among other events of oral and vaginal copulation. She described her experiences as painful, including that defendant told her to “shut the fuck up and take it” when she complained. Though certain testimony by another victim addressed instances from 30 years ago, this propensity evidence is subject to a “pedophile exception” allowing admittance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-22-392, Categories: Evidence, sex Offender, child Victims
J. Higginson finds the trial court properly convicted defendant for three counts of juvenile molestation. Defendant’s adult daughters, who were molested by him as juveniles, contacted the Department of Children and Family Services and law enforcement when they discovered that their father had remarried and was living in a house with young children. Interviews with the children revealed that they had been molested. The evidence presented is sufficient for conviction. Defendant’s explanations for his behaviors as intended to help the children go the restroom do not concur with the facts and are properly rejected. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 31, 2023, Case #: 21-30638, Categories: Evidence, sex Offender, child Victims
Per curiam, the appeals court finds the county court properly revoked defendant’s deferred adjudication community supervision for burglary of a habitation. Defendant pleaded true to all allegations including failure to appear, failure to submit to urinalysis, and failure to pay fees, and a hearing was conducted on the allegation of online sexual solicitation of a minor. An officer who posed as a 14-year-old girl online testified that he exchanged photos of the purported girl with someone using a phone number associated with defendant, who indicated that he was “DTF.” All evidence supports the revocation and defendant’s counsel has found no arguable points for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: 12-23-00111-CR, Categories: Probation, sex Offender, child Victims
J. Ortega finds the post-conviction court properly sentenced defendant to a 75-month prison sentence for two counts of first-degree sexual abuse against his step-granddaughters. “Applying the mandatory minimum sentence to his crimes would not ‘shock the moral sense’ of reasonable people in light of his conduct.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 25, 2023, Case #: A177936, Categories: Sentencing, sex Offender, child Victims
J. Doyle finds that the trial court properly convicted defendant of rape, aggravated sexual battery, child molestation and cruelty to children. Defendant failed to show that he was prejudiced by his trial counsel's failure to object to child hearsay evidence, including a recording of one victim's interview with a forensic interviewer. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 24, 2023, Case #: A23A0906, Categories: Ineffective Assistance, sex Offender, child Victims
J. Hodges finds that the trial court properly convicted defendant of child molestation and invasion of privacy. The trial court correctly admitted photos taken by the victim into evidence which depicted defendant's phone after she discovered the phone recording her in a bathroom. Circumstantial evidence supported the admission of the photos. Defendant failed to show that the trial court's use of the word "incident" during the victim's testimony had any impact on the trial outcome. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A0848, Categories: Ineffective Assistance, sex Offender, child Victims
J. Westbrook finds the trial court properly convicted defendant for attempted lewdness with a child under the age of 14. After extradition from Michigan to Nevada, the court did not inquire into defendant’s ability to pay extradition and psychosexual evaluation restitutions after he objected on the basis of an inability to pay. The court is not required to make a psychosexual evaluation but is required to impose costs only to the extent of defendant’s ability to pay. Affirmed in part. Vacated in part, and remanded.
Court: Nevada Court of Appeals, Judge: Westbrook, Filed On: October 19, 2023, Case #: 85099-COA, Categories: sex Offender, child Victims, Extradition
J. Hodges finds that the trial court improperly granted defendant a special demurrer to quash an indictment charging him with child molestation. The state narrowed the time frame in which the victim alleged the offense occurred as much as reasonably possible in the indictment to a 30-day range. The victim was not able to identify the date the alleged touching occurred. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A1106, Categories: sex Offender, child Victims