15 results for 'cat:"Prosecutorial Misconduct" AND cat:"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. Witt finds that the lower court properly convicted defendant of statutory sodomy against two separate victims and sentenced him to a total of 55 years in prison. A portion of the state's cross-examination of defendant was argumentative, but this error did not prejudice defendant given the substantial evidence against him. Further, there is no reasonable basis to find the jury would have acquitted defendant had the prosecutor not made reference to his being a predator in closing arguments. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: March 19, 2024, Case #: WD85819, Categories: prosecutorial Misconduct, sex Offender
J. McKinnon finds that defendant's unpreserved prosecutorial misconduct claims that the state improperly vouched for the victim's credibility and made inappropriate emotional appeals to the jury do not warrant plain error review. Also, probation restrictions prohibiting him from alcohol, drugs, gambling, casinos and bars were standard conditions and within the trial court's sentencing discretion. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: March 5, 2024, Case #: DA 22-0030, Categories: prosecutorial Misconduct, Sentencing, sex Offender
J. Vigil finds defendant's second trial on sexual assault charges was barred by double jeopardy because the prosecutor's misstatement of defendant's previous conditional discharge as a previous felony conviction was willful misconduct that prevented a retrial. Additionally, the prosecutor used the word "pedophile" five times during closing arguments, mentioned the Catholic Church sexual abuse scandal and attempted to shift the burden of proof onto defendant, all of which prejudiced the jury against him and resulted in a mistrial. Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: February 19, 2024, Case #: S-1-SC-38941, Categories: prosecutorial Misconduct, sex Offender, Double Jeopardy
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J. Wilkinson finds the lower court properly granted the investigator summary judgment regarding the teenager's First, Fourth, and Fourteenth Amendment claims. A woman who had been raped and robbed called the police and identified the teenager as one of the two men responsible. DNA eventually showed that the teenager was likely not involved but the investigator had probable cause to interrogate him based on the victim's identification. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 5, 2024, Case #: 22-1788, Categories: Burglary, prosecutorial Misconduct, sex Offender
J. Forbes finds that defendant's removal of the victim's clothing prior to and during the sexual assault constituted the use of force and, when combined with the results of the victim's rape kit, was sufficient for the jury to convict him of rape. Meanwhile, even though the prosecutor's questions to defendant about his semen and DNA being found in the victim's vagina were improper because the state did not present any DNA evidence during its case, they did not prejudice the jury or affect the outcome of the trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: October 26, 2023, Case #: 2023-Ohio-3870, Categories: Evidence, prosecutorial Misconduct, sex Offender
J. Joyce finds the trial court erred by overruling defendant’s objection to statements the prosecutor made during closing argument that “improperly shifted the burden of production” onto defendant, leading to his conviction for sex offenses. “The prosecutor’s improper arguments were harmful to defendant’s main theory of defense and…had some likelihood of affecting the jury’s verdict.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: October 18, 2023, Case #: A176556, Categories: prosecutorial Misconduct, sex Offender
J. Tookey finds the trial court erred in failing to strike improper vouching by the prosecutor during closing argument or to declare a mistrial for defendant convicted of first-degree sodomy. “Prosecutor’s statements during closing argument and rebuttal encouraged the jury to decide the case on an improper basis.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: August 30, 2023, Case #: A176205, Categories: prosecutorial Misconduct, sex Offender
J. Hartz finds that the lower court properly convicted defendant of possession of child pornography. Defendant claims that prosecutors made a series of errors during trial, such as preventing statements by his brother and allowing the government to present improper evidence of other types of pornography on his devices, but none of these alleged errors come close enough to justifying reversal. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 21, 2023, Case #: 22-5060, Categories: prosecutorial Misconduct, sex Offender
J. Lawrence finds that the lower court properly convicted defendant of unlawful sexual contact following a jury trial. On appeal, defendant contends that the prosecutor erred with certain statements during closing arguments, specifically "regarding the jury's consideration of the victim's motive to lie," but the court concludes that "there was no prosecutorial error." Also, there was no error with the jury instruction. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: August 17, 2023, Case #: 2023ME55, Categories: prosecutorial Misconduct, sex Offender, Jury Instructions
J. Fox finds that the lower court properly convicted defendant of sexual abuse. Defendant claims the prosecutor committed prosecutorial misconduct by misusing testimony during opening and closing statements, but there is no evidence that the testimony was improperly used. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: June 9, 2023, Case #: S-22-0249, Categories: prosecutorial Misconduct, sex Offender
J. Kamins finds the prosecutor made improper statements during rebuttal closing argument that constituted improper burden shifting in a case convicting defendant of nine sexual offenses against the daughter of his mother’s partner. “By suggesting that defendant was required to present evidence to show that his confessions were false, the prosecutor distorted the burden of proof.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 17, 2023, Case #: A176285, Categories: prosecutorial Misconduct, sex Offender