9 results for 'cat:"Witnesses" AND cat:"Child Victims"'.
J. Van Cleef affirms the trial court’s defendant's conviction for aggravated sexual assault of a child and sentence of 99 years in prison. The trial court properly allowed defendant to impeach a witness - the mother of the child victim -- who had a prior conviction for receiving stolen property from more than 10 years ago. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: April 12, 2024, Case #: 06-23-105, Categories: witnesses, child Victims
J. Price finds that the lower court properly convicted defendant for child molestation and incest against his daughter. Defendant argues that his daughter was improperly found competent to testify and that she made hearsay statements on the record. The lower court followed all the proper procedures in allowing a child to testify on such a serious issue and showed real thought in considering what was "reasonable to expect for a 6-year-old’s memory." Affirmed.
Court: Washington Court Of Appeals, Judge: Price, Filed On: March 5, 2024, Case #: 57808-5-II, Categories: Sex Offender, witnesses, child Victims
J. Mitchell finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel. It is unlikely the jury's guilty verdict would have changed had counsel objected to the state's propensity witness testimony. Further, defendant was not prejudiced by alleged hearsay testimony about defendant sexually abusing others because many of the witnesses were available at trial for cross-examination. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: November 7, 2023, Case #: WD85449, Categories: Sex Offender, witnesses, child Victims
J. Earl finds that the trial court improperly convicted defendant on two counts of dissuading a witness. His repeated attempts to have his children lie to police about his firing a gun in their home were not attempts to induce them to provide false testimony. Also, the trial court should have instructed the jury on the elements of intent and gross negligence related to a count for grossly negligent discharge of a firearm, but the error was harmless. Reversed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 19, 2023, Case #: C095560, Categories: Firearms, witnesses, child Victims
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J. Barrett finds the trial court properly convicted defendant for rape, sexual assault and sexual indecency with his girlfriend's minor daughters, sentencing him to a total of 76 years in prison. The assaults in question were videotaped and corroborated by victim testimony. Testimony that defendant made no effort to cover his genitals at a certain point allowed the jury to deduce that he purposely did so for sexual gratification. Witness credibility is an issue for the jury. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: September 13, 2023, Case #: CR-23-28, Categories: Sex Offender, witnesses, child Victims
J. Tabor finds that defendant was properly convicted of neglecting a dependent and child endangerment after repeatedly beating his girlfriend's son. Defendant was not allowed to confront his sons in person during trial since a protective order had been entered against him for beating them as well. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: August 30, 2023, Case #: 22-0522, Categories: Confrontation, witnesses, child Victims
J. Golemon finds the trial court improperly convicted defendant for the continuous sexual abuse of a child, his ex-girlfriend’s daughter. Although the trial court found there was a necessity in allowing the witness to whom the victim first revealed the abuse to testify remotely, it failed to provide case-specific reasons for the necessity finding. The record did not support a finding that the remote testimony furthered an important public policy, and it can’t be said that the error didn't contribute to conviction. Reversed and remanded for new trial.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 21, 2023, Case #: 09-22-00157-CR, Categories: Sex Offender, witnesses, child Victims
J. Mortensen finds that the trial court improperly admitted a witness's preliminary hearing testimony at defendant's child abuse trial. Defendant's motive in questioning the witness shifted from showing at the preliminary hearing that the witness was the likely source of the child's injuries to showing at trial that there was reasonable doubt that defendant caused the injuries, and the admission of the preliminary hearing testimony prejudiced defendant. Vacated.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: June 15, 2023, Case #: 20210718-CA, Categories: Domestic Violence, witnesses, child Victims