10 results for 'cat:"Murder" AND cat:"Sex Offender"'.
J. Webb finds the trial court properly convicted defendant for murder, rape and abuse of a corpse. The suffocated victim was found wrapped in a bedspread on the side of the road with injuries indicating the victim had been beaten and sexually assaulted. An investigation revealed the victim had been in a relationship with defendant, leading to a warrant to search the home where signs of a struggle and blood spatter were found, along with pillow shams matching the bedspread in which the victim was wrapped. Defendant's DNA found on a cigarette butt near the victim's body, as well as the victim's DNA found in the trunk of defendant's vehicle support the conviction. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: May 9, 2024, Case #: CR-23-745, Categories: Evidence, murder, sex Offender
J. Jay finds the trial court did not err at defendant's second trial on murder and sexual battery charges from 2007 by allowing testimony from two witnesses to a previous sexual battery defendant committed in 1986 that led to him pleading guilty and serving a 13-year prison sentence. Defendant unsuccessfully argues the testimony should have been blocked because of the time lapse between crimes he claims were dissimilar, as there are multiple similarities between the crimes and the time separation between them is at least in part due to the fact that he was in prison for much of that time. The trial court did not abuse its discretion, there was no unfair prejudice against defendant, and his guilty convictions and sentences stand. Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: April 5, 2024, Case #: 23-1169, Categories: murder, sex Offender
J. Pinson finds that the trial court properly convicted defendant of rape and murder. Sufficient evidence was presented to support defendant's convictions, including evidence that one victim was found beaten by the side of a road with defendant's sperm in her vagina and that defendant's conduct accelerated her death from cocaine intoxication. The trial court correctly denied defendant's motion to dismiss the rape charge with respect to the second victim on speedy trial grounds. Defendant failed to show that he was prejudiced by the delay of more than a decade between his indictment and trial for the second victim's rape. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: March 5, 2024, Case #: S23A0927, Categories: murder, sex Offender, Speedy Trial
J. Campbell finds the lower court properly denied defendant’s petition for DNA analysis to be conducted on a knife and other items, but improperly denied the request for analysis of a rape kit. Defendant was convicted of attempted second degree murder, three counts of aggravated rape, especially aggravated robbery, especially aggravated burglary, conspiracy to commit aggravated burglary, theft, and vandalism for his role in the rape and cutting of a 70-year old woman’s throat during the course of a burglary. He filed a request for DNA testing and analysis to be performed on a rape kit, the knife that was used to cut the victim’s throat and other items collected from the scene of the sexual assault. The lower court denied all of his requests, but the instant court finds DNA testing and analysis proper for the rape kit; defendant did not meet the requirements for DNA testing of the other items. Reversed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: February 26, 2024, Case #: W2023-00192-CCA-R3-PC, Categories: Dna, murder, sex Offender
J. Bell finds the trial court properly convicted defendant for first-degree murder and sexual assault with the use of a deadly weapon. The 16-year-old victim's corpse was found with a stab wound to the neck, strangled and wrapped in a tarp in a remote area. A used condom with defendant's and the victim's DNA was found near the body. The evidence supports the conviction and the sentence of life with the possibility of parole after 46 years. Any error involving defendant's ex-girlfriend's testimony regarding his propensity for sexual violence is harmless. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: January 4, 2024, Case #: 85331, Categories: Evidence, murder, sex Offender
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J. Orme finds the district court properly denied defendant's motion to reinstate his lapsed time to appeal. Charged with murder and abuse of a dead human body for his help in another's suicide, and in two other cases with five counts of sexual exploitation of a minor and two counts of tampering with a witness, defendant pleaded guilty to one count of child abuse homicide and one count of attempted sexual exploitation of a minor. He did not file a notice of appeal until two years later. Counsel did not perform deficiently in not consulting with defendant post-sentence. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme , Filed On: December 14, 2023, Case #: 20220278-CA, Categories: murder, sex Offender, Child Victims
J. Warren finds that the trial court properly convicted defendant of murder and rape and correctly denied his motion for a new trial. Sufficient evidence was presented to support defendant's convictions. The trial court correctly denied defendant's motion for a continuance. Defendant's counsel was given time to interview witnesses during the proceedings and the trial court made the court's IT staff available to help with any technical issues. The trial court correctly denied defendant's motion to dismiss the indictment because the 11-year delay between the crimes and defendant's arrest was not deliberate or designed to give the state a tactical advantage. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: October 11, 2023, Case #: S23A0678, Categories: murder, sex Offender, Due Process
J. LaGrua finds that the trial court properly convicted defendant of murder but improperly convicted defendant of rape. Defendant was charged and convicted of the crimes 18 years after they took place, partially due to new forensic DNA analysis of the victim's sexual assault kit. The trial court incorrectly denied defendant's motion for a directed verdict of acquittal with respect to the rape charge because the state failed to allege an applicable tolling provision or exception to the statute of limitation. The indictment was fatally defective as to the rape charge. Defendant's aggravated assault conviction merged with the murder conviction for sentencing purposes, therefore the statute of limitations for that count is not at issue. Reversed in part.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: October 11, 2023, Case #: S23A0429, Categories: murder, sex Offender
J. Sulek finds the trial court properly denied defendant's motion to sever his indictments into separate trials because the evidence involving each of his victims was simple and direct, while the crimes occurred on different dates and the jury was unlikely to be confused by any of the evidence. However, because the strangulation of one victim was the only injury that caused her death, the assault and murder charges in that indictment should have been merged for sentencing purposes; therefore, the case will be remanded for resentencing only. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 29, 2023, Case #: 2023-Ohio-3542, Categories: murder, Sentencing, sex Offender
J. Peterson finds that the trial court improperly granted defendant's pretrial motion to exclude a statement made to his mother on the phone during a high speed car chase with police. Defendant, who is charged with kidnapping, attempted rape and murder, told his mother that he did not want to pull over for police because he did not want to go back to prison. The trial court applied an incorrect standard in reaching its decision. Vacated.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: June 21, 2023, Case #: S23A0507, Categories: murder, sex Offender, Kidnapping