457 results for 'cat:"Child Victims"'.
J. Watkins upholds defendant's conviction for the murder of her 4-year-old child, who suffered a traumatic brain injury and was covered in multiple older injuries and scars. There was sufficient evidence to support the conviction and, contrary to defendant's argument, the state was not required to prove the child's death was caused by a deadly weapon. Affirmed.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: May 15, 2024, Case #: 04-23-00090-CR , Categories: Evidence, Murder, child Victims
J. Pagan finds the post-conviction court properly imposed the statutory presumptive sentence of lifetime imprisonment on each count of child sexual abuse. “Defendant’s current offenses, combined with his criminal history, reflect a pattern of ‘nonconsensual sexual contact,’ ‘exploitation of child victims,’ or both.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: May 15, 2024, Case #: A178945, Categories: Sentencing, Sex Offender, child Victims
J. Hixson finds the trial court properly convicted defendant for the sexual assault of his 12-year-old daughter. A detective testified to interviewing the mother and daughter on allegations of the father's committing sexual assault. Sufficient evidence, including forensic interview and statements made by defendant involving keeping secrets supports the conviction. Defendant's challenge of evidence sufficiency is not preserved for review, and the trial court properly denied his request for directed verdict. The victim testified her father touched her "private area," which can be construed as having been done for sexual gratification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 15, 2024, Case #: CR-23-611, Categories: Evidence, Sex Offender, child Victims
J. Van Cleef affirms the trial court’s defendant's 65-year sentence for his aggravated sexual assault of a child conviction, dismissing the undisputed yet harmless argument the sentencing judge did not orally inform him he faced anywhere from 5 years to life behind bars or that he would be required to register as a sex offender. Both admonishments were included in plea documents signed by defendant and defense counsel. Texas prosecutors agreed not to ask the court to sentence him to more than 40 years confinement. However, defendant was advised the judge was not bound by any agreement between the state and defendant, according to transcripts of the sentencing proceedings. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 15, 2024, Case #: 6-23-56, Categories: Sentencing, Sex Offender, child Victims
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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
J. Mitchell finds that the lower court properly convicted defendant of trafficking a child and promoting a sexual performance by a child. Defendant is guilty of promoting a sexual performance by a child by buying the victim a vibrator and instructing her how to use it even if he was not present when she was using the sex toy. However, this case shall be transferred to the Missouri Supreme Court before entry of a final ruling.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: May 14, 2024, Case #: WD85148, Categories: Sex Offender, child Victims
J. Wilkinson finds the board properly denied the Salvadoran's petition. When he was twenty-six years old, he began a sexual relationship with a fifteen-year-old child. After an initial arrest in March 2017, he violated the protective order by having sex with the victim at least two more times while on bail. The Immigration and Nationality Act instructs that any noncitizen convicted of a crime of child abuse, child neglect or child abandonment is subject to removal. The crime fits into the definition of abuse because it is well established that touching a child’s private areas for sexual gratification causes actual harm to a child. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: May 14, 2024, Case #: 23-1676, Categories: Immigration, Sex Offender, 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. Palafox finds a lower court erred in granting defendant’s motion to quash after he was charged with child sex offenses. Defendant argued that it violated his double jeopardy rights to be charged with both continuous sexual abuse of a child and lesser constituent offenses, but while this is true for sentencing, “no sentence has yet been imposed and no judgment has yet been entered,” and prosecutors can pursue both at trial. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 10, 2024, Case #: 08-23-00335-CR, Categories: Sex Offender, Double Jeopardy, child Victims
J. McShan finds that the lower court properly convicted defendant of predatory sexual assault against a child and sexual abuse involving three alleged victims. Defendant contends the children's delay in disclosing the alleged abuse suggested fabrication, but they testified they were afraid of defendant, and expert witnesses credibly testified about the reasons minors may delay in reporting abuse. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 9, 2024, Case #: 110741, Categories: Evidence, Experts, child Victims
J. Gaziano declines to comply with the defendant’s request to create a new rule requiring magistrate judges to view lewd images found by law enforcement before issuing search warrants for alleged possession of child pornography. While it would have been preferable for the trooper who submitted the affidavit to have provided a more thorough description of the photos or attached them to the affidavit, the affidavit was still able to establish probable cause. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: May 9, 2024, Case #: SJC-13454, Categories: Search, child Victims, Child Pornography
J. Hixson finds the trial court properly convicted defendant for the first-degree murder of his 3-year-old son. Defendant's girlfriend testified defendant punished the child by whipping him on his back with a belt and wooden spoon for peeing on himself and cussing, also saying this instance was more violent than previous punishments. After leaving the room, the girlfriend returned when things got quiet to see the child lying motionless on the floor. The child died later that day after receiving medical attention. Sufficient evidence, including forensic/medical photographs, the belt, an extension cord and the broken wooden spoon demonstrate defendant knew his conduct of repeated blunt-force trauma to the child's head and torso was deadly. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 8, 2024, Case #: CR-23-196, Categories: Evidence, Murder, 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. Wood finds the trial court properly convicted defendant for murder, committing a terroristic act and tampering with evidence based on sufficient evidence. The 13-year-old witness testified a "splat-ball" game was happening in the neighborhood when he saw defendant fire a gun at a carload of teenagers. The witness ran when he heard a loud bang, returning later the find the 8-year-old victim dead from a gunshot wound to the head. The court's application of a firearm enhancement to the murder and terroristic-act convictions does not constitute a double-jeopardy violation. No error is found in the court's not accepting defendant's proffered jury instructions for second-degree murder and manslaughter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CR-23-525, Categories: Murder, child Victims, Terrorism
J. Carr finds that defendant was properly convicted of sexual abuse and lascivious acts with a minor for raping his granddaughter. Defendant contends an expert witness improperly vouched for the victim's credibility, but the witness only generally testified that victims of child abuse display certain demeanors, without specifically vouching for the victim. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: May 8, 2024, Case #: 22-2033, Categories: Sex Offender, Experts, child Victims
J. Doyle finds that the trial court properly convicted defendant of aggravated child molestation, child molestation and incest. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to strike from the jury a juror employed as a corrections officer in the jail where defendant was held after his arrest. The juror had no arrest powers and no personal knowledge of defendant being an inmate when he served on the jury. Defendant failed to present evidence showing that the juror could not be impartial. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 7, 2024, Case #: A24A0217, Categories: Jury, Sex Offender, child Victims
J. Acree finds that the lower court properly determined that a father abused his child based on pictures the mother submitted of bruises discovered on different parts of the child's body and evidence indicating the child feared visiting his father and had sustained an injury on a previous visit. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: May 3, 2024, Case #: 2023-CA-0218-ME, Categories: child Victims
J. Bunn grants the state's writ seeking an order prohibiting enforcement of the lower court's order dismissing a six-count indictment charging defendants, a Monongalia County couple, with child abuse, and neglect causing bodily injury of two of their three adopted children stemming from excessive corporal punishment. The since-retired judge exceeded her authority in granting the defense's motion to dismiss the indictment due to the "numerous hours of testimony" she heard in the related abuse and neglect case resulting in termination of the couple's parental rights.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: May 3, 2024, Case #: 23-155, Categories: Criminal Procedure, 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. McFadden finds that the trial court properly convicted defendant of aggravated battery and cruelty to children. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to file a general demurrer or motion in arrest of judgment as to one of the child cruelty counts in the indictment. Sufficient evidence was presented to support the child cruelty conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0534, Categories: Ineffective Assistance, Battery, child Victims
J. McFadden finds that the trial court properly convicted defendant of cruelty to children and family violence aggravated battery. The trial court correctly denied defendant's motion for a directed verdict and did not commit any error in admitting evidence of defendant's marijuana use on the day the three-week old victim was taken to the hospital. The evidence was related to the state's theory of the case and relevant to show defendant's attitude towards the victim. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0126, Categories: Battery, child Victims
J. Ellington finds that the trial court properly convicted defendant of murder and cruelty to children. The trial court did not commit any error by allowing the state to repeatedly introduce evidence of the victim's previous head injuries without instructing the jury that the parties had agreed that defendant did not cause those injuries. The trial court correctly instructed the jury on prior difficulties between defendant and the 23-month-old victim. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: April 30, 2024, Case #: S24A0139, Categories: Murder, child Victims, Jury Instructions
J. St. Eve finds that the lower court properly convicted singer R. Kelly of sexually abusing underage girls, and of child pornography for videotaping his sex acts with his victims. Under current law, there is no statute of limitations for sex crimes against children. Although R. Kelly's abuse of his victims took place in the 1990s and 2000s, he is not entitled to the application of an earlier version of the statute with a shorter limitations period. The PROTECT Act of 2003 unambiguously applies retroactively to R. Kelly's crimes. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 26, 2024, Case #: 23-1449, Categories: Criminal Procedure, Sex Offender, child Victims