47 results for 'cat:"Sex Offender" AND cat:"Assault"'.
J. Watkins finds that the trial court properly convicted defendant of criminal attempt to commit rape and aggravated assault. The trial court did not commit any error in admitting into evidence defendant's prior child molestation conviction or defendant's interest in tarot cards and invocation of the devil. The evidence of defendant's prior conviction was relevant to help establish the credibility of the victim's accusation that defendant tried to rape and strangle her while chanting about the devil and speaking in an unknown language. The evidence related to defendant's chanting and calling himself the devil was probative and not unfairly prejudicial to defendant. The state's error in mentioning the prior child victim's age was harmless. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 9, 2024, Case #: A24A0518, Categories: sex Offender, assault
J. Desmond affirms the defendant’s convictions for assault and battery on a family or household member, assault by means of a dangerous weapon and assault and battery by means of a dangerous weapon. It was not an error for the prior judge to determine that the victim’s grand jury testimony was not coerced. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: April 11, 2024, Case #: 22-P-795, Categories: sex Offender, assault, Battery
J. Donovan reverses the defendant’s convictions for a pattern of aggravated felonious sexual assault and aggravated felonious sexual assault alleging a single act of penetration. It was an error to admit evidence of the defendant’s behavioral changes and characteristics. Reversed.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: April 3, 2024, Case #: 2022-0643, Categories: sex Offender, assault
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
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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. Inos denies a release pending appeal for defendant, who was convicted of sexual and aggravated assault. Despite evidence defendant has no plans to flee or his lack of prior convictions, due to the risk of danger based on the violence of this conviction, defendant does not meet standards for release.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: February 26, 2024, Case #: 2023-SCC-12, Categories: Evidence, sex Offender, assault
J.Heytens finds the lower court improperly ordered the victim of sexual assault to use her real name. The victim had a legitimate interest in anonymity and her continuing use of a fake name at the damages trial is not unfair to the assaulter as he had already been found guilty of rape. Reversed.
Court: 4th Circuit, Judge: Heytons, Filed On: February 21, 2024, Case #: 23-1151, Categories: Fair Trial, sex Offender, assault
J. Huskey finds the trial court properly denied a stepfather’s motion for acquittal on his felony conviction for forcible penetration by use of a foreign object. The stepfather argues there is no substantial evidence to prove the use of force, or that his stepdaughter was intoxicated. The jury instructions were properly given for the use of force and a rational jury could conclude the stepdaughter was digitally penetrated while in and out of an intoxicated or conscious state. Therefore, there was sufficient evidence to support the jury’s finding for either a use of force or and intoxication theory of forcible penetration. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: February 16, 2024, Case #: 49517, Categories: Jury, sex Offender, assault
J. Thyer finds the circuit court properly revoked defendant's suspended imposition of sentence for his guilty plea conviction for failing to register as a sex offender. Though defendant denied involvement in a shooting, his truck was seen on surveillance video in the area, with his ankle monitor pinging in the same area at the time of the shooting. The victim's blood was also found in the passenger seat of this truck. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: February 7, 2024, Case #: CR-23-352, Categories: Firearms, sex Offender, assault
J. Bishop finds the trial court properly convicted defendant by no-contest plea for assault and false imprisonment, requiring him to register as a sex offender. Defendant, a taxi driver, picked the drunken victim up from a bar and took her to his house. The victim woke up the next day with pains indicating sexual assault, and later medical examination confirmed that such an assault had occurred. The plea agreement replaced the charge of sexual assault with assault, while requiring defendant to register as a sex offender. Evidence, including the victim's blood found on defendant's sheets, supports the conviction and registration requirement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 30, 2024, Case #: A-23-373, Categories: Sentencing, sex Offender, assault
J. Donovan affirms the defendant’s convictions for aggravated felonious sexual assault, attempted aggravated felonious sexual assault and misdemeanor sexual assault. “The state did not open the door to cross-examination regarding the specific contents of the medical records by introducing testimony acknowledging the existence of such records.”
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: December 28, 2023, Case #: 2022-0557, Categories: Evidence, sex Offender, assault
J. Maraman partially finds the lower court properly convicted defendant of the sexual assault of a 16-year-old. The prosecution did not vouch for the victim in a statement about her memory of the incident, as he was referencing evidence and there is sufficient evidence that the victim was physically helpless and unable to communicate properly due to severe intoxication. The jury’s consent instruction was also therefore proper, though the instruction regarding aiding and abetting was not. The instruction did not include that aiding abetting includes demonstrating specific intent of defendant and the two friends he committed the assault with, and the omission may have caused the jury to convict defendant of a separate assault charge. Affirmed in part.
Court: Guam Supreme Court, Judge: Maraman, Filed On: December 27, 2023, Case #: CRA21-14, Categories: sex Offender, assault, Jury Instructions
J. Fuller finds that the trial court properly convicted defendant of rape, aggravated assault and false imprisonment. Defendant was acquitted of other rape and aggravated assault charges. The verdicts against him were not repugnant. A prosecutor's reference to defendant's past conviction for aggravated assault and propensity to commit crimes was improper but probably did not impact the trial outcome. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: December 22, 2023, Case #: A23A1751, Categories: sex Offender, assault
J. Gruender finds a lower court properly sentenced a defendant to 188 months in prison after a jury found him guilty of sexual abuse of a person who was physically incapable of declining participation. The defendant, who is a member of the Iowa based Meskwaki Nation of the Sac & Fox Tribe, argued that the lower court erred in failing to direct the jury to apply an intoxication instruction, based on his claims that he was too drunk to have assaulted the minor female. However, the government presented sufficient evidence in court that the defendant assaulted the child the next morning, and that he was most likely lucid during the assault. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: November 17, 2023, Case #: 22-3567, Categories: Evidence, sex Offender, assault
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
J. Pohlman upholds the convictions of a man who drunkenly and angrily raped his girlfriend after choking her to unconsciousness in front of their two-year-old daughter. There was no abuse of discretion from the trial court when it withheld video of defendant’s police interview and denied his motions for mistrial and new trial. Neither was his counsel’s assistance ineffective to the extent that it prejudiced him. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: October 5, 2023, Case #: 2023 UT 22, Categories: Evidence, sex Offender, assault
J. Yegan modifies the previous opinions in order to clarify how a cited case does not apply. Defendant was sentenced to a consecutive sentence after being found guilty of weapons possession while in prison. His sentencing enhancement for prior convictions on sexually violent offenses were not applied to this sentence. Both defendants filed their petitions while serving separate sentences imposed for felonies committed while in prison. Defendants are not eligible for resentencing, there is no change in the judgment, and the appeals are dismissed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: October 2, 2023, Case #: B322608, Categories: Sentencing, sex Offender, assault
J. Stevens finds that the lower court properly entered a dispositional order following an adjudication of delinquency on a juvenile male's charges of sexual assault of a female classmate at his brother's home. This court cannot reweigh, as the juvenile requests, the lower court's credibility determinations of the evidence presented. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 26, 2023, Case #: J-S24038-23, Categories: Evidence, sex Offender, assault
J. Fuller finds that the trial court properly dismissed defendant's motion to withdraw his guilty pleas to rape, aggravated assault and cruelty to children. The trial court lacked jurisdiction to grant the motion because it was filed outside the term of court in which defendant's sentence was entered. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: September 20, 2023, Case #: A23A1158, Categories: sex Offender, assault, Plea
J. Pirtle finds that the trial court improperly denied defendant's motion to withdraw his no contest plea for sexual assault and battery. Though defendant stated that he wished to go to trial if a no-contest plea would result in his having to register as a sex offender, the court interpreted the stipulation to be that a factual basis existed for nonconsensual sexual touch. Defendant alleged confusion about the nature of the intended plea, as the parties had crafted a plea where defendant was to plead no contest to assault and battery, and that “the factual basis would be stipulated to by both parties” so as to avoid sex offender registration. Defendant has carried his burden to prove a fair and just reason to withdraw his plea. Reversed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 12, 2023, Case #: A-22-762, Categories: sex Offender, assault, Plea
J. Johnson finds that the lower appeals court improperly reversed the trial court's sentence for defendant's assault and attempted rape convictions. The sentence was reversed on the grounds of "same criminal conduct" in a case, in which more than one crime was committed at the same time, with the same intent, against the same victim. The trial court, however, was correct in finding that the conduct was too different under the law. During the trial, distinctly different charges were brought with distinct evidence to back up each charge. The state legislature also clearly intended that the intent behind attempted rape and assault were proved differently in court. Reversed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: September 7, 2023, Case #: 100570-9, Categories: Sentencing, sex Offender, assault