85 results for 'cat:"Jury" AND cat:"Sex Offender"'.
Per curiam, the Louisiana high court finds that the defense counsel did not object to the trial court's denial of twelve peremptory challenges during voir dire in defendant's trial for failure to register and notify as a sex offender. Therefore, defendant's conviction for failure to register and notify as a sex offender is reinstated. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 2023-K-00501 , Categories: jury, sex Offender
J. Humes finds that the trial court improperly granted the state's peremptory strike of a Black, female juror from defendant's trial for sexual abuse of a child. The strike was prima facie discriminatory but the state's reasons for the strike were facially race-neutral. However, the trial court failed to adequately probe the state's claims that it struck the prospective juror because she held a doctoral degree in a soft science, said she was concerned about implicit bias and demonstrated she might be too opinionated. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: May 10, 2024, Case #: A164789, Categories: jury, sex Offender
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. Snauffer finds that the instructions given to the jury in defendant's sexual abuse case did not create a preferential credibility standard for the complaining witness. One instruction told the jury to be careful when fact-finding on the basis on one witness's testimony and the other told the jury that a conviction may legally be based on one witness's testimony. However, the trial court erred in convicting him for distinct acts of sexual abuse that occurred during the period for which he was also convicted of continuous sexual abuse. Vacated in part.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: May 2, 2024, Case #: F085895, Categories: Sentencing, sex Offender, jury Instructions
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J. Jones finds the trial court properly granted the jury full access to the calls between the victim of sexual assault and the assailant. A criminal court may give a jury unrestricted access to recorded telephone calls between the victim and their assailant in which the assailant admits to criminal activity. The calls are not victim testimony, but are more similar to police interviews of a criminal defendant that are always available in full to a jury. Meanwhile, defendant's conviction and sentence for human trafficking of a minor for sexual servitude did not violate his equal protection rights. Although he was convicted of lesser offenses at the same time, the conduct in his human trafficking charge was separate and more involved than that required for the lesser felonies. Affirmed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: April 25, 2024, Case #: 2024COA41, Categories: jury, sex Offender, Equal Protection
J. Wilkin finds that the trial court properly admitted testimony about the juvenile court's findings of sexual abuse by defendant. The state's witness explained the difference between those findings and the underlying trial, while the court also emphasized in its jury instructions the jury alone would determine defendant's guilt. Meanwhile, the trial court erroneously imposed a prison sentence and community control sanction because Ohio law allows for only one of the punishments; therefore, the case will be remanded for the sole purpose of allowing the court to vacate its no-contact order. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 23, 2024, Case #: 2024-Ohio-1616, Categories: jury, Sentencing, sex Offender
J. Kamins finds that certain prosecutor statements during closing arguments improperly shifted the burden of proof to the defense. “Prosecutor’s statements that defendant could have but did not cross-examine [the victim] or her friend suggested to the jury that defendant had the burden to prove that his version of the events was true.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: April 17, 2024, Case #: A179175, Categories: jury, Prosecutorial Misconduct, sex Offender
J. Westbrook finds the trial court properly convicted defendant for sexual assault upon a minor under 14 and use of the minor in pornography based on sufficient evidence. Though defendant contends the court improperly instructed the jury that a mistake as to the victim's age is not a defense to a charge of using a minor in pornography, the state is not required to prove the defendant "knowingly" used her. Because defendant admitted he believed the minor was 16 years old during their sexual relationship, the instructional error was harmless. Affirmed.
Court: Nevada Court of Appeals, Judge: Westbrook , Filed On: April 4, 2024, Case #: 85868-COA, Categories: sex Offender, Child Pornography, jury Instructions
J. Egan finds that defendant was improperly convicted of kidnapping, rape, criminal sexual act, strangulation, and assault as a sexually motivated felony in claims contending he lured a woman from out-of-state and held her against her will. An anonymous jury was improperly impaneled to shield jurors from investigators and queries from the media, and a new trial must be held since a "factual predicate" of need for anonymity had not been made. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 4, 2024, Case #: 113198, Categories: jury, sex Offender
J. McFadden finds that the trial court properly convicted defendant of child molestation and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's conviction. Defendant failed to reserve his objection to the trial court's refusal to instruct the jury on rape as a lesser-included offense of child molestation. Under the law in effect at the time of his 2005 trial, defendant waived the right to assert that the trial court's decision was an error. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 20, 2024, Case #: A24A0459, Categories: sex Offender, jury Instructions
J. Pipkin rules that the trial court improperly convicted defendant of cruelty to children in the first degree and finds that defendant is entitled to a new trial on that offense due to juror misconduct. The verdict form given to the jury incorrectly listed the charge as cruelty to children in the third degree. Upon being recalled for a second round of deliberations after the mistake was discovered, a juror used her phone to Google the classifications of the offense of cruelty to children and then shared the information with other jurors. The trial court correctly convicted defendant of sexual battery. Defendant's trial counsel was not deficient for allowing defendant to proceed to trial with only one hearing aid. Defendant twice told the trial court that he was able to hear. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 15, 2024, Case #: A23A1752, Categories: Ineffective Assistance, jury, sex Offender
J. Dillard finds that the trial court properly convicted defendant of rape, kidnapping, aggravated sodomy and aggravated assault. Defendant waived his ability to challenge the trial court's handling of an incident in which a prospective juror told other jurors, some of whom ended up on the jury, that "he did it." The juror was removed. The decision by defendant's trial counsel not to further question jurors about the incident was strategic and defendant failed to show he was prejudiced by the decision. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: March 14, 2024, Case #: A24A0358, Categories: Ineffective Assistance, jury, sex Offender
J. Mayle finds the trial court properly included a flight jury instruction during defendant's trial on a rape charge. He left the apartment immediately after the assault and failed to respond to any of the letters sent to him by police, which indicated they were looking for him in connection with their investigation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: March 8, 2024, Case #: 2024-Ohio-860, Categories: sex Offender, jury Instructions
J. O'Leary finds that sufficient toxicological and testimonial evidence that defendant knew a victim was too impaired to consent supports his conviction for rape by an intoxicating substance. There was also sufficient evidence that he intended to gain her trust, gave her intoxicants, led her from a bar and then raped her to support a kidnapping to commit rape count, too. Also, the existing standard jury instructions should be modified to explain the level of incapacitation or unconsciousness required before a jury can apply a relaxed or constructive force standard. Affirmed.
Court: California Courts Of Appeal, Judge: O'Leary, Filed On: March 7, 2024, Case #: G060049, Categories: sex Offender, jury Instructions
J. Pfeiffer finds that the lower court properly denied defendant's motion for post-conviction relief based on alleged jury selection error in an incest case. While a venireperson stated that she would have a hard time presuming defendant innocent after hearing his prior convictions, the state rehabilitated her by securing an unequivocal affirmation she would not convict unless the state met its burden of proof at trial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: March 5, 2024, Case #: WD85892, Categories: jury, sex Offender
J. McCullough finds the lower court improperly determined that the originating court abused its discretion in declining to provide funds to retain several experts who would assist the defendant in challenging his confession. The defendant admitted to four counts of rape and one count of object sexual penetration of a child under the age of thirteen. The defendant later sought to hire a psychologist to assist him in court on the subject of mental deficits that make a person vulnerable to coercive interrogation tactics. The jury could view the video of the interrogation and evaluate the impact of the police tactics for themselves meaning he did not require an expert on the subject of police interrogation tactics.
Court: Virginia Supreme Court, Judge: McCullough, Filed On: February 28, 2024, Case #: 220382, Categories: jury, sex Offender, Child Victims
J. Barrett finds the trial court properly convicted defendant for sexual assault. The victim testified to experiencing multiple sexual assaults by defendant, her mother's boyfriend, occurring over a period of years between the ages of 3 and 14. Notably, though she had not seen defendant's penis, she knew what it was when he forced it into her mouth in a dark room. Defendant was apprised of the charges, and the jury was correctly not instructed on limiting certain conduct to rape and other conduct to sexual assault. Witness credibility is an issue for the jury, and the victim's testimony is sufficient. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: February 28, 2024, Case #: CR 23-147, Categories: sex Offender, Child Victims, jury Instructions
J. McKinnon holds that the trial court erred in admitting an uncharged act of sexual assault to show a common scheme with charged counts of sexual assault. The uncharged acts could not prove a common motive or plan since they occurred after the charged acts. Also, the jury was improperly instructed on the mental state required for sexual assault. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: February 27, 2024, Case #: DA 22-0547, Categories: Evidence, sex Offender, jury Instructions
J. Wilkin finds that inconsistencies in the testimony of the victim's uncle do not render defendant's conviction for unlawful sexual conduct with a minor improper. Not only was the jury in the best position to determine witness credibility, but text messages proved defendant was at home on the night of the assault when he asked the victim to return a drill borrowed by the uncle, who lived across the street. Meanwhile, testimony from a police officer that defendant did not wish to make a statement during the investigation did not prejudice the jury against him because his decision to remain silent was not mentioned in opening or closing arguments, while there was also overwhelming evidence to support his guilt. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-794, Categories: Evidence, jury, sex Offender
J. Higginbotham finds the district court properly convicted defendant for producing child pornography. Law enforcement learned that internet addresses associated with a church uploaded child pornography images to a website. A warranted search of the church yielded a hard drive with videos of children taking baths in the church's offices. Certain videos captured defendant working with the pastor to set up the porn shoots. The court properly denied defendant's motion to suppress statements made to investigators where he admitted to setting up the shoots, or in excluding a psychologist's testimony that defendant shows no signs of pedophilia. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: February 23, 2024, Case #: 23-40144, Categories: sex Offender, Child Pornography, jury Instructions
J. Heavican finds the trial court properly convicted defendant for first-degree sexual assault and sentenced to 35 to 40 years imprisonment. The victim, after a night of partying and drinking in multiple locations, accepted a ride from defendant. Defendant parked his vehicle in a parking lot before beginning his assault on the protesting victim, who then reported the assault to a police officer who had pulled up behind defendant's vehicle. There was no error in the court’s jury instruction on consent or its decision not to allow continued impeachment of the victim's prior statements to police. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: February 23, 2024, Case #: S-23-147, Categories: Evidence, sex Offender, jury Instructions
J. Sutton finds that the lower court properly convicted defendant of rape, sodomy, and kidnapping. The state proved beyond a reasonable doubt that defendant locked the victim in the trunk of her car and drover her to a secluded spot so he could force her to perform oral sex at gunpoint. Further, the court did not err in declining to answer the jury's question about whether defendant's sentences would run consecutively or concurrently. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: February 20, 2024, Case #: WD85844, Categories: sex Offender, Kidnapping, jury Instructions
J. Gibbons finds the trial court properly convicted defendant for attempted sexual assault and incest. Defendant says the court incorrectly accepted his Alford plea being that he did not understand the elements of sexual assault. Defendant did not take his plea until after voir dire, when the victims were ready to testify. The court also based its sentencing decision on the facts of the crimes, indicating the defendant's failure to acknowledge his immorality was used as a sentencing factor. The court did not vindictively sentence defendant because he exercised his right to a jury trial. Affirmed
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 20, 2024, Case #: 85880-CoA, Categories: jury, sex Offender, Child Victims
J. Huskey finds the trial court properly denied a stepfather’s motion for acquittal on his felony conviction for forcible penetration by use of a foreign object. The stepfather argues there is no substantial evidence to prove the use of force, or that his stepdaughter was intoxicated. The jury instructions were properly given for the use of force and a rational jury could conclude the stepdaughter was digitally penetrated while in and out of an intoxicated or conscious state. Therefore, there was sufficient evidence to support the jury’s finding for either a use of force or and intoxication theory of forcible penetration. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: February 16, 2024, Case #: 49517, Categories: jury, sex Offender, Assault
J. Rovner finds that the lower court properly convicted defendant of attempting to persuade a minor to engage in sexual activity. When considered as a whole, the jury instructions accurately summarized the law. Further, even if there were an error, the evidence against defendant was so overwhelming that it did not prejudice his case. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: February 14, 2024, Case #: 23-1542, Categories: sex Offender, Child Victims, jury Instructions