1,235 results for 'cat:"Sex Offender"'.
J. Hixson finds the trial court properly convicted defendant for the sexual assault of his 12-year-old daughter. A detective testified to interviewing the mother and daughter on allegations of the father's committing sexual assault. Sufficient evidence, including forensic interview and statements made by defendant involving keeping secrets supports the conviction. Defendant's challenge of evidence sufficiency is not preserved for review, and the trial court properly denied his request for directed verdict. The victim testified that her father touched her "private area," which can be construed as having been done for sexual gratification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 15, 2024, Case #: CR-23-611, Categories: Evidence, sex Offender, Child Victims
J. Mitchell finds that the lower court properly convicted defendant of trafficking a child and promoting a sexual performance by a child. Defendant is guilty of promoting a sexual performance by a child by buying the victim a vibrator and instructing her how to use it even if he was not present when she was using the sex toy. However, this case shall be transferred to the Missouri Supreme Court before entry of a final ruling.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: May 14, 2024, Case #: WD85148, Categories: sex Offender, Child Victims
J. Wilkinson finds the board properly denied the Salvadoran's petition. When he was twenty-six years old, he began a sexual relationship with a fifteen-year-old child. After an initial arrest in March 2017, he violated the protective order by having sex with the victim at least two more times while on bail. The Immigration and Nationality Act instructs that any noncitizen convicted of a crime of child abuse, child neglect or child abandonment is subject to removal. The crime fits into the definition of abuse because it is well established that touching a child’s private areas for sexual gratification causes actual harm to a child. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: May 14, 2024, Case #: 23-1676, Categories: Immigration, sex Offender, Child Victims
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J. Hixon finds the trial court properly convicted defendant for incest, rape, sexual battery, aggravated assault and aggravated rape. He abused his minor daughter for approximately four years until she told her school guidance counselor about the abuse. Defendant argues there was not enough evidence for his conviction and says his right right to a fair trial and due process were violated. He failed to take reasonable action to object at trial or to establish a clear and unequivocal rule of law was in fact violated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixon, Filed On: May 13, 2024, Case #: W2023-00693-CCA-R3-CD, Categories: Sentencing, sex Offender, Due Process
J. Kennedy finds that the lower court properly found defendant guilty of the nonconsensual dissemination of private sexual images depicting bondage. The image depicted the victim, defendant's subordinate at work and former lover, wearing a bra and underwear with arms outstretched and wrists fastened with fabric to a curtain rod. The state sufficiently proved that the image qualifies as showing a person engaged in sexual activity, even if the victim testified that she could easily escape the fabric bonds and did not show her deriving sexual pleasure. Further, defendant's message in response to the victim's sending of the picture clearly showed he was well aware of the sexual nature of the photo. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: May 13, 2024, Case #: 230043, Categories: sex Offender, Threats
J. Stabile finds that the lower court properly sentenced defendant to 15 to 30 years in prison for raping and sexually assaulting his two minor daughters. The court’s admission of one of the daughter’s out-of-court statements about how defendant bribed her sister to undress in a basement was appropriate. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: May 13, 2024, Case #: J-S06013-23, Categories: Evidence, Sentencing, sex Offender
J. Byrne finds the trial court properly admitted statements made by the victims to a social worker about defendant's sexual abuse. All of the statements were made for the purposes of a medical diagnosis and treatment. Meanwhile, the testimony from the social worker, when combined with the victim's testimony, was sufficient to establish all elements of the rape offenses and for the jury to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: May 13, 2024, Case #: 2024-Ohio-1834, Categories: Evidence, sex Offender
J. Hightower finds that the lower court properly convicted defendant of aggravated sexual assault. The court properly denied defendant's motion for a mistrial following a witness’ testimony alluding to another offense because the challenged testimony was “brief and nonspecific.” Affirmed.
Court: Texas Courts of Appeals, Judge: Hightower , Filed On: May 10, 2024, Case #: 01-22-00454-CR, Categories: sex Offender
Per curiam, the Louisiana high court finds that the defense counsel did not object to the trial court's denial of twelve peremptory challenges during voir dire in defendant's trial for failure to register and notify as a sex offender. Therefore, defendant's conviction for failure to register and notify as a sex offender is reinstated. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 2023-K-00501 , Categories: Jury, sex Offender
J. Palafox finds a lower court erred in granting defendant’s motion to quash after he was charged with child sex offenses. Defendant argued that it violated his double jeopardy rights to be charged with both continuous sexual abuse of a child and lesser constituent offenses, but while this is true for sentencing, “no sentence has yet been imposed and no judgment has yet been entered,” and prosecutors can pursue both at trial. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 10, 2024, Case #: 08-23-00335-CR, Categories: sex Offender, Double Jeopardy, Child Victims
J. Heavican finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant was convicted by no-contest plea for several counts of attempted sexual assault. His motion, based upon an alleged discrepancy between the pronounced and written sentence, was untimely made. Equitable tolling does not apply to the one-year limitation of the cited statute. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: May 10, 2024, Case #: S-22-644, Categories: Sentencing, sex Offender
J. May finds that defendant was improperly convicted of child molesting. The juvenile court lost jurisdiction over defendant and his criminal actions when he turned 21, and the criminal court lacked jurisdiction to try him for conduct that occurred when he was a minor. The gap in jurisdiction has been addressed in a new law, but fairness precludes retroactive application to defendant. Reversed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 10, 2024, Case #: 23A-CR-330, Categories: Juvenile Law, sex Offender, Jurisdiction
J. Humes finds that the trial court improperly granted the state's peremptory strike of a Black, female juror from defendant's trial for sexual abuse of a child. The strike was prima facie discriminatory but the state's reasons for the strike were facially race-neutral. However, the trial court failed to adequately probe the state's claims that it struck the prospective juror because she held a doctoral degree in a soft science, said she was concerned about implicit bias and demonstrated she might be too opinionated. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: May 10, 2024, Case #: A164789, Categories: Jury, sex Offender
J. Womack finds the circuit court properly denied the petition for habeas corpus. Defendant argues his rape conviction is illegal, claiming there are inconsistencies in the judgment and commitment order, as well as in the docket entries. The alleged inconsistences consist only of discrepancies in the offense date. Docket entries recorded by various court clerks have no bearing on the facial legality of a judgment or jurisdiction. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: May 9, 2024, Case #: CV-23-720, Categories: Habeas, sex Offender, Due Process
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. Garry finds that the lower court properly convicted defendant of burglary, criminal trespass, rape, and obstruction of breathing or circulation for repeatedly entering the apartment of his former paramour, forcing her to have sex, and applying pressure to her throat. Defendant contends evidence of forcible compulsion was insufficient to support the rape count, but the victim testified about verbal abuse and physical violence leading up to the assault; that she feared defendant; and that she had not consented to sex. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: May 9, 2024, Case #: 112842, Categories: Burglary, sex Offender
J. Clark finds that the lower court improperly classified defendant as a risk level two sex offender when he requested a downward departure. Case records were not preserved for meaningful appellate review, and thus the matter must be remitted for a new hearing to detail how the court had weighed factors in classifying defendant. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 9, 2024, Case #: 532396, Categories: Sentencing, 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. Carlton finds the trial court properly denied defendant's motion to exclude his confession to police because he voluntarily waived his Miranda rights and only confessed to having some sexual contact with the victim after police mentioned evidence from a DNA test. Although the officers made statements about prison and that they could "help him" if he told the truth, defendant repeatedly denied any contact with the victim until the DNA evidence was mentioned; therefore, the confession was not coerced. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: May 8, 2024, Case #: 2023-KA-185, Categories: Miranda, sex Offender
J. Thyer finds the trial court properly convicted defendant for sexual assault. Defendant's charge of rape against his 9-year-old daughter was reduced to second-degree sexual assault on the victim's testimony that she was petting her dog after a bad dream when defendant entered the room, pulled her off the bed and put his penis between her "butt cheeks." The mother witnessed the assault, and friends and other family were told about it before police were called. The testimony does not need to be corroborated and sufficient evidence supports the conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: May 8, 2024, Case #: CR-23-410, Categories: Evidence, sex Offender, Child Victims
J. Johnson finds that defendant was properly convicted of first degree rape of a juvenile under the age of 13. The victim testified that defendant, his mother's ex-boyfriend, sexually abused him when he was seven or eight years old, and that the abuse occurred when his mother was at work. Further, defendant did not challenge the state's intent to call a nurse as an expert to specifically address the issues of “general child sexual abuse, specifically addressing issues of delayed disclosure and the affect sexual abuse may have on children concerning delayed and partial disclosure." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 8, 2024, Case #: 23-KA-375, Categories: Evidence, sex Offender, Experts
J. Blane finds that defendant was properly denied modification of an order requiring that he register as a sex offender for abusing his stepdaughter because he continued to try to establish a relationship with the victim from prison despite her wishes to cease communications. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: May 8, 2024, Case #: 23-0005, Categories: sex Offender
[Consolidated.] J. Gratton finds that the district court properly denied defendant's pro se motions for relief from judgment and motion to amend after he was convicted of lewd conduct with a minor. The district court had no obligation to consider his post-conviction motions because he did not follow the rules of civil procedure for withdrawal of counsel and proceeding pro se. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: May 8, 2024, Case #: 49369, Categories: sex Offender, Self Representation