7 results for 'cat:"Miranda" AND cat:"Sex Offender"'.
J. Carlton finds the trial court properly denied defendant's motion to exclude his confession to police because he voluntarily waived his Miranda rights and only confessed to having some sexual contact with the victim after police mentioned evidence from a DNA test. Although the officers made statements about prison and that they could "help him" if he told the truth, defendant repeatedly denied any contact with the victim until the DNA evidence was mentioned; therefore, the confession was not coerced. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: May 8, 2024, Case #: 2023-KA-185, Categories: miranda, sex Offender
J. Gravois finds that defendant was properly convicted of first degree rape upon a known juvenile under the age of thirteen. Defendant's motion to suppress his statement was properly denied because he was read an advice of rights form, which notified him of his Miranda rights in English, and he was shown the advice of rights form, which is also in Spanish. Further, the interrogating officer testified that she spoke to defendant in English and he responded in English, and he did not have trouble understanding her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: February 28, 2024, Case #: 23-KA-323, Categories: miranda, sex Offender
J. Land finds that the trial court properly convicted defendant of criminal attempt to commit child molestation. The trial court correctly denied defendant's motion to suppress statements made to a detective while she was in custody. Defendant made her statement voluntarily and without any hope of benefit. A detective's statement that the FBI was interested in defendant was not improper. The trial court also correctly denied defendant's general demurrer to the indictment because defendant was sufficiently informed of the charges against her. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 20, 2024, Case #: A23A1320, Categories: miranda, sex Offender
J. Welbaum finds the trial court properly allowed statements made by defendant during a police interrogation to be admitted into evidence during his trial on unlawful sexual conduct arising from defendant having a 13-year-old perform fellatio on him in exchange for a vape pen. The statements were not the result of coercive tactics and defendant was read his Miranda rights at the outset of the interview and affirmed on several occasions he understood the rights and agreed to waive them. Meanwhile, Google records that used GPS to show defendant's location were also properly admitted into evidence because the records were self-authenticated via a certificate provided by Google. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 2, 2024, Case #: 2024-Ohio-361, Categories: miranda, sex Offender, Child Victims
J. Marquez, in this interlocutory review, finds the trial court properly suppressed inculpatory statements made by defendant. Accused of sexually assaulting his granddaughter, defendant's statements were elicited during a custodial interrogation without proper Miranda warnings. The court's ruling provided an independent basis for suppression and was not challenged on appeal. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: December 18, 2023, Case #: 23SA187, Categories: miranda, sex Offender, Child Victims
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J. Clark finds that the lower court properly convicted defendant of predatory sexual assault against a child and endangering the welfare of a child for his conduct with a 6-year-old. Defendant sought to suppress statements in which he admitted to sexual contact with the girl on grounds that police had coerced the admissions, but he had not been subjected to hours of questioning or tactics otherwise constituting "emotional battering" designed to break him. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 30, 2023, Case #: 113540, Categories: miranda, sex Offender, Child Victims
J. Decker finds the lower court properly convicted defendant of two counts of aggravated sexual battery of a minor under the age of thirteen for committing multiple sex offenses against his stepdaughter. Defendant argues the lower court should have granted his motion to suppress statements he made to law enforcement after his arrest, citing his poor English comprehension as a violation of his Miranda rights. But the prosecutor demonstrated that in prior legal matters involving defendant, he had neither requested nor used an interpreter; and after viewing the interview video, the lower court found defendant was able to sufficiently understand and communicate in English. The instant court finds defendant's statements were knowingly and voluntarily given and the lower court’s denial is proper. Affirmed.
Court: Virginia Court Of Appeals, Judge: Decker, Filed On: October 31, 2023, Case #: 0748-22-2, Categories: Evidence, miranda, sex Offender