18 results for 'cat:"Evidence" AND cat:"Sentencing" AND cat:"Sex Offender"'.
J. Stabile finds that the lower court properly sentenced defendant to 15 to 30 years in prison for raping and sexually assaulting his two minor daughters. The court’s admission of one of the daughter’s out-of-court statements about how defendant bribed her sister to undress in a basement was appropriate. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: May 13, 2024, Case #: J-S06013-23, Categories: evidence, sentencing, sex Offender
J. Connors finds that the lower court improperly convicted defendant on two of the sexual offenses but properly convicted him on the other. At issue is whether the evidence sufficiently established the age of the victim. The court concludes that the evidence proves the victim was under the age of 14 but not under the age of 12. Accordingly, the convictions on the Class A and B offenses are vacated, and the matter is remanded for resentencing as to the Class C offense of unlawful sexual contact. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: April 30, 2024, Case #: 2024ME31, Categories: evidence, sentencing, sex Offender
J. Powers finds that the lower court properly classified defendant as a risk level two sex offender after adding "points" to his assessment for sex crimes committed against a stranger when he grabbed the victim's buttocks and masturbated in front of her at a bus stop. Without direct evidence that defendant knew the victim, the inference that they were not acquainted was reasonable. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-23-1315, Categories: evidence, sentencing, sex Offender
J. Moore finds that although defendant was involved with his girlfriend in the scheme whereby she traded sexual favors for painkillers and used some of the drugs "purchased" through the setup, there was sufficient evidence to convict him of sex trafficking through force or coercion. The dealer routinely assaulted the victim and threatened her with guns on several occasions. Meanwhile, the trial court properly applied a "vulnerable victim" enhancement to defendant's sentence because his girlfriend's addiction to opioids and physical ailments placed her squarely in the category. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: April 17, 2024, Case #: 23-3179, Categories: evidence, sentencing, sex Offender
J. Buchanan finds that the trial court properly admitted statements made by a sexual abuse victim to her friends about abuse that occurred years before. The "fresh complaint" doctrine, which rejects complaints unless they are made immediately after alleged abuse, is outdated since child victims often delay their disclosure of abuse. The trial court admitted the statements for the nonhearsay purpose of establishing the nature of her disclosure, and trial courts are encouraged to refer to this practice as the "prior disclosure" doctrine. Also, expert testimony about Child Sexual Abuse Accommodation Syndrome was properly admitted. However, the trial court should have applied presentence conduct credits to defendant's sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: April 15, 2024, Case #: D083310, Categories: evidence, sentencing, sex Offender
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Bishop finds the trial court properly convicted defendant for sexual assault. Though defendant claims the sex was consensual, testimony from the victim and another witness, as well as that from a medical examiner, establish the victim was raped and had injuries consistent with forced anal penetration. Defendant's DNA was also found in the victim's body. Defendant was properly sentenced within guidelines, and lifetime requirement to maintain sex offender registration does not amount to cruel and unusual punishment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 27, 2024, Case #: A-22-913, Categories: evidence, sentencing, sex Offender
Per curiam, the appellate division finds that the trial court properly convicted defendant of criminal sexual acts after he showed an underage victim pornographic videos and masturbated in front of her. Prosecutors exercised due diligence in turning over a copy of the 911 call from the victim's family since the initial information provided to prosecutors lacked information about the call. However, the imposition of consecutive sentences was unduly harsh. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-01915, Categories: evidence, sentencing, sex Offender
J. Pritzker finds that the lower court properly convicted defendant of rape, unlawful imprisonment, and sexual abuse of a co-participant at a work event held at a resort in the Adirondacks based on DNA evidence from a tampon that became lodged inside the victim's body during forced sexual intercourse. Meanwhile, defendant was properly denied modification of the sentence in light of his lengthy criminal history and failure to accept responsibility. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 25, 2024, Case #: 112614, Categories: evidence, sentencing, sex Offender
Gravois affirms the trial court’s sentence of 40 years and 10 years, to be served consecutively, for defendant’s sexual abuse of his own daughter. The evidence was consistent and sufficient, defendant had adequate legal counsel, the defense was able to present its own theory and evidence and the sentence was not excessive. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 27, 2023, Case #: 23-KA-262, Categories: evidence, sentencing, sex Offender
Per curiam, the court of appeals finds the trial court properly denied defendant's motion for acquittal on various sexually-based offenses. Testimony from the victims about his actions during sleepovers, including his rubbing of their butts and vaginas, satisfied all elements of the crimes. However, the trial court erroneously failed to merge two of defendant's gross sexual imposition charges as allied offenses because both charges stemmed from a single course of conduct related to a single victim. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: December 21, 2023, Case #: 2023-Ohio-4642, Categories: evidence, sentencing, sex Offender
J. Greenholtz finds the lower court properly convicted defendant of aggravated rape and aggravated sexual battery for acts against a child under the age of 13. Defendant left the country after being charged, but was apprehended after his return almost 20 years later. Evidence is sufficient to support defendant’s convictions, but he was improperly sentenced. Because the crimes occurred in 1992, he should have been sentenced under pre-2005 sentencing statutes but was not. The matter is remanded to the lower court for resentencing. Affirmed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: December 15, 2023, Case #: E2022-00525-CCA-R3-CD, Categories: evidence, sentencing, sex Offender
J. Hixson finds the trial court properly denied defendant's petition for postconviction relief from his conviction for rape based on sufficient evidence. Defendant's mostly consensual acts with the victim became aggressive, and although the victim told defendant to stop, he partly penetrated her vagina with his fingers and penis. Furthermore, defendant fails to demonstrate prejudice or a reasonable probability his sentence would have been different had his mother testified. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: December 13, 2023, Case #: CR-22-616, Categories: evidence, sentencing, sex Offender
J. Ervin-Knott finds that defendant was properly sentenced to 25 years imprisonment on his home invasion conviction. Defendant walked around the victim's house "at ease" before entering the house and attacking the elderly victim. Defendant pushed the victim down on the couch, threatened to rape her and kill her family if she did not give him money, and exposed his genitals to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: November 17, 2023, Case #: 2023-KA-0453, Categories: evidence, sentencing, sex Offender
J. Welbaum finds the Puss in Boots DVD and Minecraft UNO card game found in defendant's vehicle were sufficient for the lower court to find he violated the condition of his community control sanction that prohibited him from owning children's games or toys and allowed it to revoke his original sentence and impose a prison term. However, because the lower court relied on inaccurate information when it imposed its 30-month sentence, including that defendant had a prior felony sex conviction, that sentence must be vacated and the case remanded for proper analysis of the sentencing factors. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: November 17, 2023, Case #: 2023-Ohio-4157, Categories: evidence, sentencing, sex Offender
J. Mathias finds the lower court improperly found defendant to be a habitual offender. Defendant was convicted of four counts of cold molesting and received an effective 26-year sentence as a habitual offender. The state was required to show the instant offenses were committed after any prior offenses considered to establish the habitual offender status, but three of the four instant offenses were allegedly committed before. Insufficient evidence was presented to support sentencing defendant as a habitual offender. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: August 2, 2023, Case #: 22ACR2927, Categories: evidence, sentencing, sex Offender
Per curiam, the Vermont Supreme Court finds the trial court properly sentenced defendant for sexual assault of a child under age sixteen and committing a lewd and lascivious act. Any error in the court's reliance on "general deterrence" to justify the significant sentence was harmless. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 22-AP-175, Categories: evidence, sentencing, sex Offender