104 results for 'cat:"Evidence" AND cat:"Sex Offender" AND cat:"Child Victims"'.
J. Thyer finds the trial court properly convicted defendant for sexual assault. Defendant's charge of rape against his 9-year-old daughter was reduced to second-degree sexual assault on the victim's testimony that she was petting her dog after a bad dream when defendant entered the room, pulled her off the bed and put his penis between her "butt cheeks." The mother witnessed the assault, and friends and other family were told about it before police were called. The testimony does not need to be corroborated and sufficient evidence supports the conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: May 8, 2024, Case #: CR-23-410, Categories: evidence, sex Offender, child Victims
J. Boomgaarden finds that the lower court properly convicted defendant of sexual abuse and other sex crimes against a minor. Defendant claims there was not enough evidence entered on the record to convict him, but the state brought forward witnesses and other exhibits that all supported a jury being able to conclude beyond a reasonable doubt that he acted knowingly and with intent. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: May 2, 2024, Case #: S-23-0268, Categories: evidence, sex Offender, child Victims
J. Hudson finds the trial court properly convicted defendant for child sexual abuse and rape, sentencing him to 25 years in prison. Nothing in defendant's confession video suggests coercion or involuntariness, and he fails to show the court's decision to allow it into evidence was erroneous. All evidence supports the conviction and nothing in the record suggests the judge considered extraneous allegation when sentencing. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: May 2, 2024, Case #: F-2022-620, Categories: evidence, sex Offender, child Victims
J. Pirtle finds the trial court properly dismissed defendant's petition for postconviction relief without an evidentiary hearing. The 9-year-old victim reported defendant had sexually abused her when she was 3 or 4 years old, saying her mother made her available to defendant in exchange for drugs. Though information shared by the victim over several forensic interviews was not entirely consistent, defendant was not prejudiced by his counsel's not interviewing a previous forensic interviewer or another individual the victim had mistaken for defendant. The information would have been cumulative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: April 23, 2024, Case #: A-23-230, Categories: evidence, sex Offender, child Victims
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J. Dowd finds that the lower court properly convicted defendant of rape of a 17-year-old victim, and sentenced him to seven years in prison. The court did not err by allowing the victim to testify she felt intimidated at her deposition after defendant impeached her with her deposition testimony. Further, the prosecutor was permitted to highlight the age difference between defendant and the victim during closing arguments. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: April 23, 2024, Case #: ED111691, Categories: evidence, sex Offender, child Victims
J. Ebel finds that the lower court properly convicted defendant of sexual abuse against a minor. Defendant claims on appeal that the lower court improperly allowed a 50-minute video recording of a forensic interview with the child victim, which defendant says violated the rules regarding hearsay. The interview in question, however, was supported by "sufficient guarantees of trustworthiness" and had enough value to the proceedings to outweigh any evidence-related issues. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: April 23, 2024, Case #: 22-7033, Categories: evidence, sex Offender, child Victims
J. Alley finds a lower court erred in granting a defendant’s motion to suppress his confession to sexually abusing his daughter. While defendant referenced that he would get a lawyer while being questioned by detectives, he continued to speak to them regardless, and as he “was not in custody and was free to terminate the interrogation,” his confession should not have been suppressed. Reversed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 18, 2024, Case #: 08-23-00077-CR, Categories: evidence, sex Offender, child Victims
J. Egan finds the trial court properly convicted defendant, after a jury trial, for 30 sexual offenses committed against his stepson. “Because the jury heard evidence of other crimes, the prosecutor had reason to ensure that the jury found defendant guilty on each count based on the evidence that corresponded with each charge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A177520, Categories: evidence, sex Offender, child Victims
J. Soto finds a lower court did not err in convicting defendant of continuous sexual abuse of a child. Defendant raised a number of purported issues with his conviction, including disputing evidentiary rulings made by the court, and while the lower court did indeed err by allowing the victim’s mother and two detectives to testify as outcry witnesses based on discrepancies in their testimonies, the errors “did not have a substantial and injurious effect” given the overall evidence against defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 12, 2024, Case #: 08-23-00162-CR, Categories: evidence, sex Offender, child Victims
J. Ahlers finds that the lower court properly prevented defense counsel from introducing evidence about defendant's agreement to be interviewed by police in his trial for sexually abusing a child because the state would have been entitled to provide evidence that risked significant prejudice during rebuttal. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: April 10, 2024, Case #: 22-1593, Categories: evidence, sex Offender, child Victims
J. Hoyle finds the trial court properly convicted defendant for three counts of aggravated assault of a child, sentencing him to life in prison. Defendant makes no argument the denial of his motion for continuance would have been error. His belief the mother’s lack of testimony is the reason for the hung jury at first trial is speculation. The record indicates defendant was able to present his defensive positions the victim fabricated the sexual assault claim and that the house was under construction, thereby undermining the victim’s account. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00119-CR, Categories: evidence, sex Offender, child Victims
J. Brown finds the trial court properly convicted defendant for raping his girlfriend's daughter. The victim said she was 10 years old when she first made accusations against him, but she later recanted and was returned home after defendant pressured her. Her aunt then read diary entries detailing events of rape, as well as defendant's having bought her a sex toy. Contrary to defendant's argument, the state is not required to prove specifically when and where each act occurred. Furthermore, certain testimony detailing events that occurred outside Arkansas were properly admitted under the pedophile exception. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 27, 2024, Case #: CR-23-387, Categories: evidence, sex Offender, child Victims
J. Emas finds defendant's habeas corpus petition in his case alleging two offenses of lewd and lascivious molestation of a minor under the age of 12 must be granted. In part because the child victim did not testify in person at defendant's adversary preliminary hearing, the child's two out-of-court statements prosecutors submitted at the hearing were improperly allowed as evidence by the trial court, as they qualify as inadmissible hearsay given the circumstances. No other evidence was brought to establish probable cause, so defendant must be released on recognizance.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: March 14, 2024, Case #: 24-0331, Categories: evidence, sex Offender, child Victims
J. Gallagher finds testimony provided by each of the victims was sufficient to support defendant's rape and gross sexual imposition convictions despite some inconsistencies. Each victim spoke about a specific series of events to establish the elements of the crimes, while the amount of time that passed between the assaults and defendant's trial was likely to blame for any confusion regarding the dates of the crimes. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-954, Categories: evidence, sex Offender, child Victims
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. 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. 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. 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. 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. 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
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
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