290 results for 'cat:"Sentencing" AND cat:"Sex Offender"'.
J. Beales finds a lower court did not err in convicting defendant for raping his wife. Defendant raised a number of objections, including arguing the court had improperly failed to consider his mental health at sentencing, but in fact the court had “considered the facts of this case” before sentencing and did not abuse its discretion in imposing a lengthy sentence. Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: May 7, 2024, Case #: 0081-23-3, Categories: sentencing, sex Offender
J. Yun finds the lower court properly denied the convicted sex offender's request to remove his sex offender registration requirements. His multiple convictions for sexual misconduct involving an adult categorically preclude removal of registration requirements under Colorado law. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: May 2, 2024, Case #: 2024COA48, Categories: sentencing, sex Offender
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
J. Lagesen finds the post-conviction court erred in denying relief on defendant's claim that trial counsel was constitutionally inadequate for not objecting to the trial court’s imposition of enhanced sentences. Counsel should have recognized "that the application of the statute would require a factual determination that at least one of the convictions…involved a separate criminal episode.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A178824, Categories: Ineffective Assistance, sentencing, sex Offender
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J. Connors finds that the lower court improperly convicted defendant on two of the sexual offenses but properly convicted him on the other. At issue is whether the evidence sufficiently established the age of the victim. The court concludes that the evidence proves the victim was under the age of 14 but not under the age of 12. Accordingly, the convictions on the Class A and B offenses are vacated, and the matter is remanded for resentencing as to the Class C offense of unlawful sexual contact. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: April 30, 2024, Case #: 2024ME31, Categories: Evidence, sentencing, sex Offender
J. Powers finds that the lower court properly classified defendant as a risk level two sex offender after adding "points" to his assessment for sex crimes committed against a stranger when he grabbed the victim's buttocks and masturbated in front of her at a bus stop. Without direct evidence that defendant knew the victim, the inference that they were not acquainted was reasonable. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: April 25, 2024, Case #: CV-23-1315, Categories: Evidence, sentencing, sex Offender
J. Lynch finds that the lower court properly classified defendant as a risk level three sex offender on remand from the finding that he had received ineffective assistance because his presumptive level two designation was automatically raised to level three in light of his 1993 conviction for attempted rape. Meanwhile, he was deemed a sexually violent offender and a predicate sex offender. Affirmed
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 25, 2024, Case #: 531683, Categories: sentencing, sex Offender
J. Reynolds Fitzgerald finds that defendant was properly denied reclassification after being designated a risk level three sex offender for raping two minors. Defendant, who had been held in civil confinement for violating parole, and who went back to prison after being convicted of an aggravated family offense, points to the fact that he was 62 years old, but he failed to demonstrate that he completed sex offender treatment. Meanwhile, defendant's lengthy criminal history accumulated other convictions. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 25, 2024, Case #: 535716, Categories: sentencing, sex Offender
J. Johnson finds that defendant was properly sentenced to 30 years imprisonment on his conviction for possession of pornography involving juveniles under the age of 13. In this case, defendant was found in possession of over 800 photographs of children. Further, the sentence was not the maximum allowed, defendant did not show remorse for his actions, and he had a previous conviction of a sexual offense toward his daughter. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: April 24, 2024, Case #: 23-KA-427, Categories: sentencing, sex Offender
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. Reiber finds that the lower court improperly granted summary judgment to the state in this concurrent sentence for murder and sexual assault against a former convict, who had served the maximum sentence for his sex offense, but remained on parole. The Vermont Supreme Court concludes the summary judgment was inappropriate and remands for further proceedings regarding the unresolved legal and factual questions of the plaintiff’s parole and sex offense. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: April 19, 2024, Case #: 22-AP-274, Categories: Parole, sentencing, sex Offender
J. Bright finds the lower court properly denied defendant's motion to prevent dissemination of his status as a sex offender. Although he was found not guilty of sexual assault by reason of mental defect, his confinement in a psychiatric hospital is considered "jail or prison time" under the relevant statute, which renders him ineligible for relief. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 19, 2024, Case #: AC46150, Categories: sentencing, sex Offender
J. Kemp finds the circuit court properly denied defendant's petitions for leave to proceed in forma pauperis and for extraordinary writs. Defendant was sentenced to 72 months in prison on his no-contest plea conviction on sexual assault charges. He does not plead the facial invalidity of the judgment or the trial court’s lack of jurisdiction, as necessary, having not pleaded his actual innocence. Defendant has not properly alleged illegal detainment. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: April 18, 2024, Case #: CR-22-450, Categories: sentencing, sex Offender, Plea
J. Gremillion finds that the lower court properly convicted defendant to 25 years in prison for one count of third-degree rape, two counts of indecent behavior with a juvenile and one count of pornography involving a juvenile. Defendant's sentence was not excessive because he consistently targeted girls between the ages of 13 and 16 to get them drunk and perform sexual acts with them. He entered his guilty plea knowing that it waived his right to appeal his convictions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: April 17, 2024, Case #: KA-23-621, Categories: sentencing, sex Offender, Child Victims
J. Virden finds the trial court properly convicted defendant for sexual assault and rape committed against his minor grandchildren based on sufficient evidence. The children testified the abuse, including vaginal and oral penetration, seemed like normal life. Defendant told one of the children that if she told anyone she would be committed to a mental institution, also threatening to hurt her pets. Witness credibility was properly considered, and the court properly elected to run the sentences consecutively. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: April 17, 2024, Case #: CR-23-581, Categories: sentencing, sex Offender, Child Victims
J. Moore finds that although defendant was involved with his girlfriend in the scheme whereby she traded sexual favors for painkillers and used some of the drugs "purchased" through the setup, there was sufficient evidence to convict him of sex trafficking through force or coercion. The dealer routinely assaulted the victim and threatened her with guns on several occasions. Meanwhile, the trial court properly applied a "vulnerable victim" enhancement to defendant's sentence because his girlfriend's addiction to opioids and physical ailments placed her squarely in the category. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: April 17, 2024, Case #: 23-3179, Categories: Evidence, sentencing, sex Offender
J. Brathwaite Nelson finds that the lower court properly considered defendant's prior juvenile delinquency adjudication from New Jersey in determining his sex offender risk level designation. Precedent does not permit consideration of prior juvenile delinquency adjudications out of New York, but New Jersey does not have a comparable proscription on the use of its juvenile delinquency adjudications. Affirmed.
Court: New York Appellate Divisions, Judge: Brathwaite Nelson, Filed On: April 17, 2024, Case #: 02071, Categories: sentencing, sex Offender
J. Buchanan finds that the trial court properly admitted statements made by a sexual abuse victim to her friends about abuse that occurred years before. The "fresh complaint" doctrine, which rejects complaints unless they are made immediately after alleged abuse, is outdated since child victims often delay their disclosure of abuse. The trial court admitted the statements for the nonhearsay purpose of establishing the nature of her disclosure, and trial courts are encouraged to refer to this practice as the "prior disclosure" doctrine. Also, expert testimony about Child Sexual Abuse Accommodation Syndrome was properly admitted. However, the trial court should have applied presentence conduct credits to defendant's sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: April 15, 2024, Case #: D083310, Categories: Evidence, sentencing, sex Offender
J. Musseman finds the trial court properly convicted defendant for lewd or indecent proposals to a child under 16 based on sufficient evidence. The jury's 5-year sentence was within the statutory range and the sentencing judge imposed the assessed sentence. Defendant raised no objection during sentencing. Though defendant made only proposals to the child, he is equally legally culpable as one having committed the act of sexual molestation. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: April 11, 2024, Case #: F-2022-787, Categories: sentencing, sex Offender, Child Victims
J. Greer finds that defendant was properly sentenced to imprisonment for failing to register as a sex offender, second offense, following his conviction for lascivious acts with a child because he continually failed to meet registry requirements and had already agreed to his sentence upon entering a plea deal. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: April 10, 2024, Case #: 22-0908, Categories: sentencing, sex Offender, Plea
J. Jensen finds that the circuit court properly entered conviction after defendant pleaded guilty to two counts of solicitation of a minor, one count of sexual contact with a minor under the age of sixteen and one count of rape in the fourth degree. Defendant claimed that his sentence contained an improper enhancement on his sentence after it had already commenced. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: April 10, 2024, Case #: 2024SD21, Categories: sentencing, sex Offender
J. Scudder finds the lower court properly convicted defendant of transporting child pornography for sending hundreds of videos depicting sexual assaults of children to an undercover FBI agent. Defendant was convicted of transporting child pornography and received an enhanced mandatory sentence of 15 years imprisonment due to a prior conviction in Wisconsin of possession of child pornography. Defendant argues that his prior conviction doesn’t qualify him to receive an enhanced sentence as a repeat sex offender, arguing there is a distinction in definition of possession between the state and federal law. The instant court finds no distinction and finds defendant’s prior conviction qualifies him for the enhanced sentence. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 8, 2024, Case #: 21-3225, Categories: sentencing, sex Offender
En banc, J. Scudder finds that the lower court properly imposed an enhanced mandatory minimum sentence of 15 years in prison for transporting child pornography. Defendant's prior conviction seven years prior for possession of child pornography in violation of Wisconsin law qualifies as a predicate conviction under federal law, which prescribes enhanced penalties for recidivist child sex offenders. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 8, 2024, Case #: 21-3225, Categories: sentencing, sex Offender
J. O'Brien finds that the lower court properly convicted defendant of Class X predatory criminal sexual assault of a child. The two charges on which he was convicted do not contain identical elements because a person can commit aggravated sexual assault of a child without also committing the offense of predatory criminal sexual assault of a child. Affirmed.
Court: Illinois Supreme Court, Judge: O'Brien, Filed On: April 4, 2024, Case #: 129425, Categories: sentencing, sex Offender, Child Victims
Per curiam, the circuit finds that defendant was properly sentenced based on his guilty plea to drugging and sexually assaulting two women as part of a two-decade pattern involving 20 women in all while working with them at the U.S. Department of State or United Nations. Defendant contends the statutory maximum 15-year term was unreasonable, but it was not "shockingly high" given the number of victims, his pattern of predation, and the severity of the admitted crimes. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 4, 2024, Case #: 22-2944, Categories: sentencing, sex Offender