7 results for 'cat:"Sex Offender" AND cat:"Assault" AND cat:"Child Victims"'.
J. MacDonald opposes the defendant’s challenge of one of his convictions of a pattern of aggravated felonious sexual assault, which alleged that he repeatedly touched the breasts of the victim, who was under 13 years old. While chest isn't always a synonym for breasts, and the victim said the defendant touched her “chest” rather than “breasts,” she said that his touching of her became inappropriate when he touched her chest.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: April 3, 2024, Case #: 2022-0563, Categories: sex Offender, assault, child Victims
J. Brennan reverses the dismissal of indictments against the defendant for attempted rape of a child, attempted indecent assault and battery on a child under 14 and attempted indecent assault and battery on a person 14 or older. Even though he didn’t touch his 13-year-old daughter, he instructed her to masturbate with him on the phone with her.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: March 29, 2024, Case #: 23-P-37, Categories: sex Offender, assault, child Victims
J. MacDonald agrees with defendant, who appeals his convictions of aggravated felonious sexual assault and attempted aggravated felonious sexual assault, that the lower court erred in denying his motion for a mistrial. A statement was allowed that suggested there was a second victim, and this was highly prejudicial. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: March 26, 2024, Case #: 2022-0728, Categories: sex Offender, assault, child Victims
J. Armstead finds that the lower court properly convicted defendant of sexual assault. Defendant appealed his conviction on the grounds that the jury was not instructed on a lesser charge of attempted sexual assault, and that he was improperly denied a mistrial. The court finds that the evidence did not support the instruction of a lesser charge, and the evidence that established defendant’s guilt weighed heavily against the denial of a mistrial. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-239, Categories: sex Offender, assault, child Victims
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J. Kobes finds a lower court properly sentenced a defendant to life in prison for sexual abuse of a child and 20 years for witness tampering. The defendant argued that he was entitled to acquittal based on lack of solid evidence. However, a forensic examiner presented sufficient evidence in court that his minor victims' disclosed that he sexually assaulted them in his mother's basement several times, and even "wrapped his arms" around one of his victim's neck, making it difficult for her to breathe. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 28, 2023, Case #: 22-3467, Categories: sex Offender, assault, child Victims
J. Brennan affirms the lower court’s rulings on evidence and testimony in this child abuse and rape case. The first complaint witness was a child when the victim told her about the abuse and she is potentially biased as a relative of the defendant, but she testified she has no memory of plaintiff telling her about it. It is not necessary for more than one participant in a conversation to testify to authenticate the conversation, so the conversations admitted as evidence have been sufficiently authenticated. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: August 9, 2023, Case #: 21-P-33, Categories: sex Offender, assault, child Victims