15 results for 'cat:"Ineffective Assistance" AND cat:"Sex Offender" AND cat:"Child Victims"'.
J. Dillard finds that the trial court properly convicted defendant of child molestation, aggravated sexual battery, rape, incest, sexual exploitation of children, influencing a witness and other related offenses. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to object when defendant's handwritten notes to the victim were allowed to go out with the jury during deliberations. The notes were original documentary evidence, therefore any continuing witness objection put forth by defendant's counsel would have been overruled. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0533, Categories: ineffective Assistance, sex Offender, child Victims
J. Dorrian finds defendant's claim of ineffective assistance of counsel regarding the filing of a notice of alibi prior to his trial on rape charges is contradicted by the record, which shows his attorney filed the notice more than six months before trial; therefore, the claim is meritless. Meanwhile, the trial court properly denied defendant's motion for acquittal because the victim's testimony established all the elements of the offenses with which he was charged and was sufficient to prove the assaults. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 26, 2024, Case #: 2024-Ohio-1139, Categories: ineffective Assistance, sex Offender, child Victims
J. Overstreet finds that the lower court properly convicted defendant of sexual assault of his four-year-old daughter. Defense counsel was not ineffective for failing to object to the admission of two positive STD tests, as this evidence was admissible at trial despite the physician-patient privilege attached to them under the exception set forth in the Abused and Neglected Child Reporting Act. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: March 21, 2024, Case #: 129289, Categories: ineffective Assistance, sex Offender, child Victims
J. Hellman finds the post-conviction court properly denied defendant’s petition for relief from several counts of first-degree sex crimes against a minor. To preserve “a claim for replacement of counsel based on counsel’s oppositional statements as opposed to his claim based on counsel’s refusal to raise certain claims, petitioner needed to have objected to counsel’s response on the record.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A174808, Categories: ineffective Assistance, sex Offender, child Victims
J. Watkins finds that the trial court properly convicted defendant of child molestation, enticing a child for indecent purposes and incest. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that he was prejudiced by his trial counsel's failure to move for a mistrial after being informed that an empaneled juror was told by a friend that defendant had a reputation for sexual misconduct. Defendant failed to present testimony from the juror to prove the veracity of the juror's statement and the effect the friend's statement had on the juror's opinion of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: February 28, 2024, Case #: A23A1621, Categories: ineffective Assistance, sex Offender, child Victims
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J. Pipkin finds that the trial court properly convicted defendant of aggravated child molestation. Defendant failed to show that he was prejudiced by any alleged deficiencies in the indictment. The trial court did not commit any error in instructing the jury that the offenses could be proven on any date within the statute of limitations. Defendant failed to show that his trial counsel was deficient for failing to strike a juror from the venire or that he was prejudiced by his trial counsel's failure to request a jury charge on alibi. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: January 24, 2024, Case #: A23A1307, Categories: ineffective Assistance, 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. Hagen finds that the lower court properly denied defendant’s motion for relief from his conviction for attempted aggravated sexual abuse of a minor. He could have brought his ineffective assistance claim during his plea and sentencing, but did not, and because this claim falls under Utah’s Post-Conviction Remedies Act, it is not properly brought before the court as a Rule 60(b)(6) motion. Affirmed.
Court: Utah Supreme Court, Judge: Hagen, Filed On: October 12, 2023, Case #: 2023 UT 23, Categories: ineffective Assistance, sex Offender, child Victims
J. Palafox finds a lower court ruled correctly when it convicted defendant of sexually abusing his daughter. Defendant argued that he had received ineffective counsel, but for the most part the record of this case is not “sufficiently developed to overcome the presumption of reasonable assistance,” and in a specific case where he argued his attorney had failed to object to inadmissible testimony, the testimony was in fact allowable and therefore “objections would have been futile.” Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: September 27, 2023, Case #: 08-23-00121-CR, Categories: ineffective Assistance, sex Offender, child Victims
J. Schostok finds that the lower court improperly convicted defendant on two counts of predatory criminal sexual assault of a child. The state failed to disclose an expert witness who testified at trial on matters of child psychology, and defense counsel did not object to this discovery violation. Counsel's explanation that she did not object due to "surprise" is not a reasonable trial strategy. Reversed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: August 25, 2023, Case #: 220114, Categories: ineffective Assistance, sex Offender, child Victims
J. Moore finds the trial court properly convicted defendant by a plea of no-contest for two counts of sexual assault, three counts of visual depiction of sexually explicit conduct and four counts of intentional child abuse. Claims of ineffective assistance are either without merit or insufficiently pled and the sentences imposed were not an abuse of discretion. Defendant's age, mentality, education, social and cultural background, past criminal record, motivations and the force involved in committing the offenses have all been thoroughly considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 15, 2023, Case #: A-23-052, Categories: ineffective Assistance, sex Offender, child Victims