18 results for 'cat:"Assault" AND cat:"Child Victims"'.
J. Pirtle finds the trial court properly convicted defendant for negligent child abuse. Defendant's 15-year-old daughter testified her father whipped her on the backs of her legs with a phone charging cord after she refused to give him her phone out of fear he might break it like he had done before. During the altercation and the daughter's attempts to escape, the father also punched her in the face and sexually assaulted her. Sufficient evidence, including family testimony and the consistency of the victim's injuries, supports the conviction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: May 14, 2024, Case #: A-23-255, Categories: Evidence, assault, child Victims
[Consolidated.] J. Moore finds the trial court properly convicted defendant by plea agreement for violating a protection order, domestic assault, child abuse and stalking. Officers were dispatched to the victim's residence on the same day the protection order had been entered. The victim reported defendant had punched her in the face, kicked her in the abdomen and taken their toddler son. Officers found defendant on the back porch, in 9-degree weather, holding the undressed child. No evidence shows the court failed to consider all well-established factors and applicable principles in sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 14, 2024, Case #: A-23-904, Categories: assault, Restraining Order, child Victims
J. Yu finds that the lower court properly denied defendant's request for a new trial stemming from his child molestation conviction. Defendant claims that he is entitled to a new trial because his legal team did not propose a lesser included offense instruction for fourth-degree assault. Even if his counsel had requested the lesser instructions, they still would have been denied because there was no evidence on the record to support them. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: April 18, 2024, Case #: 100953-4, Categories: assault, child Victims, Jury Instructions
J. MacDonald opposes the defendant’s challenge of one of his convictions of a pattern of aggravated felonious sexual assault, which alleged that he repeatedly touched the breasts of the victim, who was under 13 years old. While chest isn't always a synonym for breasts, and the victim said the defendant touched her “chest” rather than “breasts,” she said that his touching of her became inappropriate when he touched her chest.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: April 3, 2024, Case #: 2022-0563, Categories: Sex Offender, assault, child Victims
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J. Brennan reverses the dismissal of indictments against the defendant for attempted rape of a child, attempted indecent assault and battery on a child under 14 and attempted indecent assault and battery on a person 14 or older. Even though he didn’t touch his 13-year-old daughter, he instructed her to masturbate with him on the phone with her.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: March 29, 2024, Case #: 23-P-37, Categories: Sex Offender, assault, child Victims
J. MacDonald agrees with defendant, who appeals his convictions of aggravated felonious sexual assault and attempted aggravated felonious sexual assault, that the lower court erred in denying his motion for a mistrial. A statement was allowed that suggested there was a second victim, and this was highly prejudicial. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: March 26, 2024, Case #: 2022-0728, Categories: Sex Offender, assault, child Victims
J. Rickman finds that the trial court properly convicted defendant of criminal attempt to commit kidnapping but incorrectly convicted defendant of criminal attempt to entice a child for indecent purposes and simple assault. Defendant tried to lure the victim into his car by falsely claiming that her father wanted defendant to pick her up. Although the trial court correctly denied defendant's motion for a directed verdict on the attempted kidnapping offense, there was no evidence that defendant was motivated by an act of indecency or child molestation. The evidence was also insufficient to support defendant's assault conviction. Reversed in part.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: March 12, 2024, Case #: A23A1683, Categories: assault, Kidnapping, child Victims
J. Jacquot finds the trial court properly entered a verdict on both counts without finding that defendant acted with the proper culpable mental state with regard to the physical-injury element of the offenses. “The court found defendant guilty after hearing evidence that, to punish his three-year-old stepson for jumping on the bed, defendant hit the child hard enough to break his jaw, requiring the placement of three metal plates to repair it, as well as inflicting a separate injury to the child’s forehead.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: January 11, 2024, Case #: A176421, Categories: Evidence, assault, 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. Sacks affirms the defendant’s convictions for attempted murder, assault and battery by means of a dangerous weapon on a child, and assault and battery on a child causing substantial bodily injury. The defendant’s expert witness on false confessions was not credible enough and generally accepted principals and methods of the scientific community didn't substantiate that the defendant provided a false confession. Furthermore, his child’s doctor had credibly explained the physical symptoms he’d witnessed and how they demonstrated contamination by a family member and then chemical injury.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: October 25, 2023, Case #: 22-P-705, Categories: assault, Domestic Violence, child Victims
J. Kobes finds a lower court properly sentenced a defendant to life in prison for sexual abuse of a child and 20 years for witness tampering. The defendant argued that he was entitled to acquittal based on lack of solid evidence. However, a forensic examiner presented sufficient evidence in court that his minor victims' disclosed that he sexually assaulted them in his mother's basement several times, and even "wrapped his arms" around one of his victim's neck, making it difficult for her to breathe. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 28, 2023, Case #: 22-3467, Categories: Sex Offender, assault, child Victims
J. Brennan affirms the lower court’s rulings on evidence and testimony in this child abuse and rape case. The first complaint witness was a child when the victim told her about the abuse and she is potentially biased as a relative of the defendant, but she testified she has no memory of plaintiff telling her about it. It is not necessary for more than one participant in a conversation to testify to authenticate the conversation, so the conversations admitted as evidence have been sufficiently authenticated. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: August 9, 2023, Case #: 21-P-33, Categories: Sex Offender, assault, child Victims
J. Erickson finds a lower court improperly denied a defendant's counsel's request to access a victim's mental health records. The defendant, who was convicted on three counts of aggravated sexual abuse of a child, argued that the lower court erred in refusing to allow his representation full access to her mental health records. However, the denial was not harmless based on a diagnoses of post-traumatic stress disorder following the assault, which was not completely made available to the defendant's counsel. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 13, 2023, Case #: 21-1090, Categories: Evidence, assault, child Victims
[Consolidated.] J. Riedmann finds the trial court properly convicted defendant for assault by strangulation, domestic assault and child abuse. The father testified that he told defendant to stop arguing in front of their children which caused her to grab the back of his shirt, resulting in strangulation. Defendant then hit him in the face while holding their crying minor child. Another case arose from an officer’s investigation into defendant’s threatening of suicide and the suicide of the children, which resulted in her biting an officer during has attempt to detain her. All evidence supports conviction. There was no abuse of discretion in the court’s overruling defendant’s motion to withdraw her plea. The record is sufficient to address her claim of ineffective assistance and refutes the allegations. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 13, 2023, Case #: A-22-884, Categories: assault, Plea, child Victims