6,918 Cases Found
Criminal - Sex Crimes and Abuse

Filter Search

Criminal - Sex Crimes and Abuse
No. S126182
113 P.3d 534 (2005) | Cited 2100 times
... This case addresses the effect of the decisions of the United States Supreme Court in Blakely v. Washington (2004) 542 U.S. ___ [124 S.Ct. 2531] (Blakely) and United States v. Booker (2005) ___ U.S. ___ [125 S.Ct. 738] (Booker) on alifornia's determinate sentencing law. It presents the specific ...
No. 81-55
102 S. Ct. 3348 (1982) | Cited 1261 times
... JUSTICE WHITE delivered the opinion of the Court. At issue in this case is the constitutionality of a New York criminal statute which prohibits persons from knowingly promoting sexual performances by children under the age of 16 by distributing material which depicts such performances. I In ...
13-7120
135 S. Ct. 2551 (2015) | Cited 650 times
... (Slip Opinion) OCTOBER TERM, 2014 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of ...
98-SC-333-DG
993 S.W.2d 941 (1999) | Cited 623 times
... TO BE PUBLISHED REVERSING Appellee, Jesse James English, was convicted in the McCracken Circuit Court of two counts of sexual abuse in the first degree, KRS 510.110(l) (b)2, and was sentenced to five years imprisonment on each count. The sentences were ordered to run consecutively for a total of ...
No. 00-36108
290 F.3d 1223 (2002) | Cited 611 times
... FOR PUBLICATION Argued and Submitted March 4, 2002--Portland, Oregon Opinion by Judge Berzon; Concurrence by Judge O'Scannlain OPINION BERZON, Circuit Judge Charles Harvey Joseph Franklin appeals the denial of his petition for habeas relief under 28 U.S.C. § 2254. After a stipulated-facts ...
No. 05-595
127 S.Ct. 1173 (2007) | Cited 597 times
... 549 U. S. ____ (2007) This case presents the question whether, under the rules set out in Teague v. Lane, 489 U. S. 288 (1989), our decision in Crawford v. Washington, 541 U. S. 36 (2004), is retroactive to cases already final on direct review. We hold that it is not. I. A. Respondent Marvin ...
C024462
60 Cal.App.4th 727 (1998) | Cited 533 times
... Evidence Code section 1108 allows bad conduct evidence to be admitted to prove "preDisposition" to commit sex crimes. (Further unspecified section references are to this code.) Recently we rejected a Due Process Clause challenge to the statute, emphasizing "section 1108 has a safeguard against the ...
No. 93-5158
5 F.3d 64 (1993) | Cited 377 times
... WILKINS, Circuit Judge: In an earlier opinion, a panel of this court vacated the sentence of George Robert Bell and remanded for resentencing within the guideline range of 87-108 months imprisonment. See United States Sentencing Commission, Guidelines Manual, (Nov. 1989); United States v. Bell, ...
No. 01-1231
538 U.S. 1 (2003) | Cited 346 times
... We granted certiorari to determine whether the United States Court of Appeals for the Second Circuit properly enjoined the public disclosure of Connecticut's sex offender registry. The Court of Appeals concluded that such disclosure both deprived registered sex offenders of a "liberty interest," ...
No. 90-1124
503 U.S. 540 (1992) | Cited 288 times
... JUSTICE WHITE delivered the opinion of the Court. On September 24, 1987, petitioner Keith Jacobson was indicted for violating a provision of the Child Protection Act of 1984, Pub. L. 98-292, 98 Stat. 204 (Act), which criminalizes the knowing receipt through the mails of a "visual depiction [that] ...
No. 98-7540
529 U.S. 513 (2000) | Cited 264 times
... Opinion of the Court On Writ Of Certiorari To The Court Of Appeals Of Texas, Second District An amendment to a Texas statute that went into effect on September 1, 1993, authorized conviction of certain sexual offenses on the victim's testimony alone. The previous statute required the victim's ...
No. 00-30193
260 F.3d 1018 (2001) | Cited 257 times
... FOR PUBLICATION OPINION Argued and Submitted April 5, 2001--Seattle, Washington Opinion by Judge Trott; Partial Concurrence and Partial Dissent by Judge Paez OPINION Fred LeMay appeals his convictions for two counts of child molestation in violation of 18 U.S.C. §§ 2241 and 3231. We must ...
No. 02-36164
414 F.3d 1025 (2005) | Cited 248 times
... FOR PUBLICATION Argued and Submitted November 2, 2004 Submission Deferred November 3, 2004 Resubmitted May 9, 2005 -- Seattle, Washington Before: Arthur L. Alarcon, William A. Fletcher, and Johnnie B. Rawlinson, Circuit Judges. OPINION We must decide in this matter the novel question whether ...
No. A107500
127 Cal.App.4th 1177 (2005) | Cited 215 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 Sean W. (appellant) appeals after the juvenile court sustained two allegations of child sexual abuse in a juvenile wardship petition (Welf. & Inst. Code, § 602) 2 and committed him to the California Youth Authority (CYA). On appeal, he contends the juvenile ...
No. 93-556
524 N.W.2d 181 (1994) | Cited 215 times
... [524 NW2d Page 183] Stanley Carter Liggins was charged and convicted of murder first degree, willful injury, sexual abuse first degree, and kidnapping first degree. He was also charged with arson, but a judgment of acquittal was entered by the court on this charge at the close of the evidence ...
No. C8-82-1031
359 N.W.2d 604 (1984) | Cited 197 times
... 1. Evidence was sufficient to sustain defendant's conviction for criminal sexual conduct in the second degree. 2. In a prosecution for criminal sexual conduct, the testimony of a minor victim need not be corroborated unless the evidence otherwise adduced is insufficient to sustain conviction. 3. ...
No Docket Available
438 A.2d 460 (1981) | Cited 196 times
... After a jury trial in Superior Court, Cumberland County, defendant Robert C. True III was convicted of three counts of rape. 17-A M.R.S.A. § 252(1). 1 On his appeal, defendant raises several hearsay objections and challenges the sufficiency of the evidence. We affirm his convictions on Counts II ...
No. 85-1003
779 F.2d 430 (1985) | Cited 190 times
... Before LAY, Chief Judge, JOHN R. GIBSON, Circuit Judge, and PHILLIPS,*fn* Senior Circuit Judge. JOHN R. GIBSON, Circuit Judge. Harvey Renville was convicted by a jury of two counts of sexual abuse of his eleven year old stepdaughter under 18 U.S.C. §§ 13, 1152 (1982), and S.D. Codified Laws Ann. ...
F030661
75 Cal.App.4th 133 (1999) | Cited 178 times
... CERTIFIED FOR PUBLICATION OPINION A jury convicted defendant Jeffrey Lowell Van Winkle of two counts of lewd and lascivious conduct with a child. On appeal, defendant contends that CALJIC Nos. 2.50.1 and 2.50.01 unconstitutionally lower the People's burden of proving the current sexual offense ...
S045174
15 Cal.4th 1117 (1997) | Cited 178 times
... Before trial commenced in this sexual molestation case, defendant served subpoenas duces tecum on psychotherapists who had treated the complaining witness. Although defendant claimed the records would be necessary to challenge the witness's credibility, the trial court quashed the subpoenas on the ...
G020955
69 Cal.App.4th 392 (1999) | Cited 177 times
... CERTIFIED FOR PUBLICATION (Super. Ct. No. 96NF0132) Appeal from a judgment of the Superior Court of Orange County, James L. Smith, Judge. (Retired Judge of the Superior Court, assigned by the Chief Justice pursuant to Cal. Const., art. VI, § 6.) Affirmed. INTRODUCTION The evidence in this case ...
No. 00-795
122 S.Ct. 1389 (2002) | Cited 160 times
... 535 U. S. ____ (2002) On Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit We consider in this case whether the Child Pornography Prevention Act of 1996 (CPPA), 18 U. S. C. §2251 et seq., abridges the freedom of speech. The CPPA extends the federal prohibition against ...
No. 89-10277
944 F.2d 1458 (1991) | Cited 158 times
... FLETCHER, Circuit Judge David Payne appeals his conviction, following a jury trial, on four counts of carnal knowledge of a female under age 16. Payne challenges his conviction on numerous grounds. Specifically, Payne argues that the district court committed reversible error when it failed to ...
No. 93-5944
59 F.3d 1460 (1995) | Cited 153 times
... Opinion WILLIAMS, Circuit Judge: Grady William Powers appeals his conviction for aggravated sexual abuse of a minor in violation of 18 U.S.C. § 2241(c) (1988). Powers challenges several of the district court's evidentiary rulings, alleging on appeal that the district court erred in admitting ...
No. 07-50124
524 F.3d 988 (2008) | Cited 152 times
... FOR PUBLICATION Argued and Submitted March 6, 2008 -- Pasadena, California Before: J. Clifford Wallace, Ronald M. Gould, and Sandra S. Ikuta, Circuit Judges. OPINION Joseph Stoterau pleaded guilty to transporting child pornography in violation of 18 U.S.C. § 2252A(a)(1). In this appeal, he ...
No. 04-4089
432 F.3d 824 (2005) | Cited 151 times
... Submitted: June 23, 2005 Before RILEY, BRIGHT, and JOHN R. GIBSON, Circuit Judges. A jury found Douglas Dan Solomon guilty of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4), and he was sentenced to 42 months in prison. Solomon appeals the denial of his motion to suppress ...
No. 01-1251
277 F.3d 426 (2002) | Cited 150 times
... Argued October 17, 2001 OPINION OF THE COURT On March 19, 1999, the Police Department in McCandless Township, Pennsylvania obtained a warrant to search the residence of appellant David Zimmerman for adult and child pornography. Several images of the latter were found, and Zimmerman was indicted ...
No. 00-16094
290 F.3d 1279 (2002) | Cited 147 times
... [PUBLISH] This is a child pornography case. A federal grand jury charged Appellant Jeremy Bender ("Bender") in a three-count federal indictment with (1) knowingly transporting, by computer, visual depictions of a minor engaging in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(1) ...
No. 00-3327
269 F.3d 609 (2001) | Cited 137 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2001 FED App. 0366P (6th Cir.) Argued: June 12, 2001 QUIST, D. J., delivered the opinion of the court, in which NORRIS, J., joined. MARTIN, C. J. (pp. 21-28), delivered a separate dissenting opinion. ...
No. G028166
93 Cal.App.4th 1027 (2001) | Cited 136 times
... CERTIFIED FOR PUBLICATION OPINION I. INTRODUCTION This is an unusual dependency case in which there are appeals from opposite sides. Remberto, the father of five children with his now estranged wife Kimberly, appeals from an order adjudicating him to have committed sexual abuse on his eldest ...
Nos. 97-6276/ 6321
193 F.3d 466 (1999) | Cited 135 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 99a0352p.06 Argued: November 5, 1998 RYAN, J., delivered the opinion of the court, in which BATCHELDER, J., joined. JONES, J. (pp. 32-35), delivered a separate Dissenting opinion. OPINION The plaintiff, Arthur ...
No. 04-10279
410 F.3d 1337 (2005) | Cited 132 times
... [PUBLISH] Before BIRCH, KRAVITCH and CUDAHY 1 , Circuit Judges. In this putative class action, initiated by ten John Does and one Jane Doe (collectively "Appellants") on behalf of themselves and others similarly situated, we determine whether Florida's sex offender registration/notification ...
No. 84-1908
382 N.W.2d 91 (1986) | Cited 130 times
... Defendant appeals from his conviction and sentence for indecent contact with a child. See Iowa Code § 709.12(2) (1983). He contends that the trial court erred in two respects: (1) in overruling his objections to the admission of expert testimony that children almost never lie about sexual abuse; ...
No. 71/98-0835
621 N.W.2d 435 (2001) | Cited 130 times
... Considered en banc. A jury convicted John Castaneda of sexual abuse in the second degree of his ten-year-old adopted daughter. He appealed from the judgment of conviction and sentence, contending that the district court abused its discretion in admitting damaging testimony from his former wife. He ...
No. 49971-3
683 P.2d 173 (1984) | Cited 127 times
... Petitioner was charged with one count of indecent liberties and one count of second degree statutory rape. At trial, numerous incidents of sexual contact were described in varying detail. He was convicted on both counts and now seeks review of his convictions, contending that the State's failure to ...
No. 86-3344
928 F.2d 1030 (1991) | Cited 118 times
... THOMPSON, District Judge. Appellants Mervyn Harold Cross and Robert Carter Lodge were each indicted in November 1984 by a federal grand jury in Tampa, Florida, on one count of conspiracy to persuade a minor to engage in sexually explicit conduct for the purpose of producing visual or print media, ...
No. 746-01
70 S.W.3d 841 (2002) | Cited 117 times
... ON THE STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS WALLER COUNTY Holcomb, J., delivered the opinion of the Court, in which Keller, P.J., and Meyers, Johnson, Hervey, and Cochran, JJ., joined. Womack, J., joined the opinion of the Court except with respect to footnote ...
No. 746-01
70 S.W.3d 841 (2002) | Cited 117 times
... ON THE STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS WALLER COUNTY Holcomb, J., delivered the opinion of the Court, in which Keller, P.J., and Meyers, Johnson, Hervey, and Cochran, JJ., joined. Womack, J., joined the opinion of the Court except with respect to footnote ...
S97A1867
269 Ga. 317 (1998) | Cited 117 times
... Appellant Jerry Woodard appeals his conviction for child molestation, arguing that the trial court erred by admitting into evidence certain hearsay statements made out-of-court by a six-year-old witness to the crime. At issue is the validity of the 1995 amendment to the Child Hearsay Statute. 1 ...
Docket No. 88228
193 Ill.2d 413 (2000) | Cited 115 times
... Agenda 15-May 2000. At issue in this appeal is whether defendant has met his burden of showing that the Sex Offender Registration Act (Registration Act) (730 ILCS 150/1 et seq. (West 1998)) and the Sex Offender and Child Murderer Community Notification Law (Notification Law) (730 ILCS 152/101 et ...
Docket No. 04-0935-pr
426 F.3d 588 (2005) | Cited 114 times
... Argued: February 3, 2005 WINTER and POOLER, Circuit Judges, BRIEANT, District Judge 1 Respondent-appellant Daniel Senkowski, Superintendent of Clinton Correctional Facility, appeals from a memorandum, judgment, and order of the United States District Court for the Eastern District of New York ...
No. 08-11757
575 F.3d 1191 (2009) | Cited 114 times
... [PUBLISH] ON PETITION FOR PANEL REHEARING Before CARNES, HULL and COX, Circuit Judges. The previous opinion issued in this case, United States v. Sarras, -F.3d -, 2009 WL 1661152 (11th Cir., June 16, 2009), is hereby VACATED. In its place, on petition for panel rehearing, we file this revised ...
No. 08-15882
607 F.3d 1294 (2010) | Cited 108 times
... PUBLISH Before CARNES, HULL and ANDERSON, Circuit Judges. In the Fall of 2006, Kelly Farley was a thirty-seven-year old businessman living in Texas with a pregnant wife and five children, ranging in age from one to fourteen. His interest in families was not limited to his own, and his sexual ...
Nos. 01-15788, 01-16100 and 01-16269
318 F.3d 1039 (2003) | Cited 105 times
... [PUBLISH] Bradley Steiger appeals his convictions for sexual exploitation of children (18 U.S.C. § 2251(a)), possession of a computer containing child pornography (18 U.S.C. § 2252A(a)(5)(B)), and receipt of child pornography through interstate and foreign commerce (18 U.S.C. § 2252(a)(2)(A)). He ...
No. 99-1785
620 N.W.2d 275 (2000) | Cited 103 times
... [EDITOR'S NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [620 NW2d Page 277] Considered en banc. The appellant, Daniel Garren, challenges the constitutionality of Iowa's Sexually Violent Predator Act, Iowa Code chapter 229A (1999), ...
No. 00-14592
297 F.3d 1233 (2002) | Cited 102 times
... [PUBLISH] Marvin Hersh appeals his multi-count convictions and 105-year sentence for transporting a minor in foreign commerce with the intent to engage in criminal sexual activity, in violation of 18 U.S.C. § 2423(a), conspiracy to travel in foreign commerce with the intent to engage in sexual ...
No. 89-10428
918 F.2d 848 (1990) | Cited 102 times
... WALLACE, Circuit Judge Hadley appeals his convictions for aggravated sexual abuse in violation of 18 U.S.C. § 2241(a)(1) and abusive sexual contact in violation of 18 U.S.C. § 2244(a)(2). He argues that the district court abused its discretion by improperly admitting evidence of prior acts of ...
No. 92-SC-807-MR
875 S.W.2d 882 (1994) | Cited 101 times
... Opinion OF THE COURT BY CHIEF JUSTICE STEPHENS This is a direct appeal from the judgment of the Garrard Circuit Court which sentenced appellant, David Bell, to eighty years' imprisonment following a conviction of sodomy in the first degree. FACTS David A. Bell was indicted by the Garrard County ...
No. F018862
26 Cal.App.4th 1737 (1994) | Cited 100 times
... INTRODUCTION Appellant Phillip Patino was convicted of two counts of forcefully committing lewd and lascivious acts on a child under the age of 14 in violation of Penal Code section 288, subdivision (b). He was also convicted of two counts of false imprisonment in violation of Penal Code section ...
No. 35A02-0211-CR-981
797 N.E.2d 293 (2003) | Cited 98 times
... FOR PUBLICATION OPINION - FOR PUBLICATION Case Summary John Newsome appeals his convictions and sentences for two counts of rape as Class B felonies, one count of child molesting as a Class B felony, and two counts of incest as Class D felonies. We affirm. Issues Newsome raises two issues for ...
B142127
93 Cal.App.4th 1350 (2001) | Cited 97 times
... CERTIFIED FOR PUBLICATION A jury convicted appellant Roberto V. of eight counts of committing lewd acts upon his two young daughters, three-year-old Maria and seven- year-old Stephanie. Maria, who was four years old at the time of trial, did not testify. Over appellant's objection, the trial court ...
No. 05-14889
451 F.3d 1239 (2006) | Cited 95 times
... [PUBLISH] Non-Argument Calendar Before TJOFLAT, CARNES and MARCUS, Circuit Judges. Michael Johnson appeals his 140-year sentence for producing and distributing child pornography in violation of 18 U.S.C. § 2251(a) and § 2252A(a)(1), respectively. He contends that we should vacate his sentence ...
No. 00-299
2002 WY 161 (2002) | Cited 94 times
... [¶1] On November 4, 1999, Michael Alexander Gleason (Gleason) was charged with two counts of taking indecent liberties with a minor. A jury found him guilty of both counts and he was sentenced to concurrent terms of imprisonment for five to ten years. In this appeal, Gleason alleges that the trial ...
D031860
74 Cal.App.4th 773 (1999) | Cited 92 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 * APPEAL from a judgment of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Affirmed. David Mark Chambless appeals from a judgment ordering his two-year commitment to the custody of the State Department of Mental Health (DMH) following a jury ...
No. 36A87
364 S.E.2d 118 (1988) | Cited 92 times
... Defendant was indicted for first degree rape and for taking indecent liberties with a child. During the trial, the second count of the two-count bill of indictment was dismissed and the case was submitted to the jury solely on the first count charging first degree rape. The jury returned a verdict ...
No. 174 / 97-1313
582 N.W.2d 167 (1998) | Cited 91 times
... Appeal from the Iowa District Court for Clarke County, David L. Christensen, Judge. Defendant challenges his conviction of second-degree sexual abuse, asserting that the district court improperly admitted hearsay evidence and that the conviction is not supported by substantial evidence. AFFIRMED. ...
No. E036773
136 Cal.App.4th 41 (2006) | Cited 83 times
... CERTIFIED FOR PUBLICATION Opinion ordered published January 30, 2006. OPINION 1. Introduction Defendant Stanley Fulcher appeals from an order committing him to the state Department of Mental Health for two years as a sexually violent predator (SVP) under Welfare and Institutions Code 1 section ...
No. 08-1393
606 F.3d 875 (2010) | Cited 79 times
... RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 Argued: April 28, 2010 Before: CLAY and GILMAN, Circuit Judges; ZATKOFF, District Judge. 1 OPINION Following a bench trial, Defendant was convicted and sentenced on the following six counts: (1) two counts of Sexual ...
14-6368
135 S. Ct. 2466 (2015) | Cited 79 times
... (Slip Opinion) OCTOBER TERM, 2014 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of ...
No. 6753-PR
728 P.2d 248 (1986) | Cited 78 times
... On November 16, 1984, a jury convicted William Moran (defendant) of one count of child molestation and two counts of sexual abuse. A.R.S. §§ 13-1404, 13-1410. The crimes allegedly were committed on his daughter. He was sentenced to fourteen years for child molestation and two and one-half years for ...
No. 2005-SC-000177-DG
223 S.W.3d 90 (2007) | Cited 78 times
... TO BE PUBLISHED OPINION REVERSING AND REMANDING I. INTRODUCTION A jury convicted Daniel Clark of two counts of sexual abuse in the first degree for which he was sentenced to a total of ten years' imprisonment. A divided panel of the Court of Appeals affirmed Clark's convictions, and we granted ...
F041885
118 Cal.App.4th 1396 (2004) | Cited 76 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 OPINION In this case we apply the recent decision of the Supreme Court in Crawford v. Washington (2004) ___ U.S. ___ [124 S.Ct. 1354] to a child victim's hearsay statements admitted in a sexual abuse prosecution under Evidence Code section 1360. In Crawford, ...
No. 03-98-00338-CR
7 S.W.3d 225 (1999) | Cited 75 times
... As amended January 25, 2001. Appellant Richard Roise was charged by indictment with five counts of possessing child pornography. See Tex. Penal Code Ann. § 43.26(a) (West Supp. 1999). 1 The jury acquitted appellant on four counts and convicted him on Count V of the indictment which involved ...
No. 1998-KA-01578-SCT
754 So.2d 1211 (2000) | Cited 75 times
... DATE OF JUDGMENT: 10/07/1998 TRIAL JUDGE: HON. GEORGE C. CARLSON, JR. COURT FROM WHICH APPEALED: TATE COUNTY CIRCUIT COURT NATURE OF THE CASE: CRIMINAL - FELONY DISPOSITION: AFFIRMED - 01/20/2000 STATEMENT OF THE CASE ¶1. The State charged David E. Crawford with felony sex crimes involving ...
No. 99-50911
214 F.3d 601 (2000) | Cited 73 times
... Appeal from the United States District Court For the Western District of Texas Juan Agustin Zavala-Sustaita ("Zavala") asks us to resolve a question of first impression in this circuit: whether sexual indecency with a child by exposure constitutes "sexual abuse of a minor" for purposes of the ...
No. 03-10001
371 F.3d 557 (2004) | Cited 73 times
... FOR PUBLICATION OPINION Argued and Submitted January 12, 2004-San Francisco, California Rakesh Dhingra appeals his conviction on one count of using the Internet to solicit sexual activity from a minor, in violation of 18 U.S.C. § 2422(b). On appeal, Dhingra raises a host of constitutional ...
No. 91-SC-317-MR
843 S.W.2d 890 (1992) | Cited 72 times
... Opinion OF THE COURT BY JUSTICE COMBS Aubrey Marion Billings was convicted of two counts of sodomy in the first degree and two counts of sodomy in the second degree, all committed against a single victim, his stepdaughter. He was sentenced to twenty years imprisonment, and appeals to this Court as ...
No. 98-2123
179 F.3d 889 (1999) | Cited 72 times
... PUBLISH Defendant John Carl McHorse is a forty-five year old resident of Taos Pueblo, New Mexico. A jury convicted him on four counts of aggravated sexual abuse of a child less than twelve years of age, in violation of 18 U.S.C. § 2241(c), and one count of abusive sexual contact with a child less ...
Record No. 0240-98-1
30 Va.App. 406 (1999) | Cited 71 times
... OPINION FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK William F. Rutherford, Judge On appeal from his convictions of aggravated sexual battery, in violation of Code § 18.2-67.3, and object sexual penetration, in violation of Code § 18.2-67.2, Samuel Dan Clark contends the evidence of intimidation ...
No. 98-10032
189 F.3d 954 (1999) | Cited 70 times
... FOR PUBLICATION OPINION Appeal from the United States District Court for the Northern District of California James Ware, District Judge, Presiding Argued and Submitted February 12, 1999--San Francisco, California *The Honorable Phyllis A. Kravitch, Senior Judge, United States Court of Appeals ...
No. 08-17106
610 F.3d 621 (2010) | Cited 70 times
... [PUBLISH] Before BIRCH and MARCUS, Circuit Judges, and HODGES, 1 District Judge. This is a case involving offenses of sexual exploitation of a minor and possession of child pornography. Stanley G. Rothenberg was charged in a two count indictment. Count One alleged that Rothenberg, using a ...
No. A-114
514 A.2d 1287 (1986) | Cited 69 times
... The defendant in this case was convicted of sexual offenses against his infant daughter. The appeal calls upon us to consider sensitive and delicate issues surrounding the crime of incest and the sexual abuse of children. When the child-victim is the only witness to such crimes, as is often the ...
No. 57020-5
809 P.2d 190 (1991) | Cited 68 times
... Facts of Case Following a jury trial, the Court of Appeals affirmed the defendant Fredric Noltie's convictions of the crimes of statutory rape in the first degree and indecent liberties. 1 We granted review and affirm. In 1984, the defendant married Joanne and began living with Joanne and her ...
No. 92-1181SD
11 F.3d 782 (1993) | Cited 68 times
... FAGG, Circuit Judge. James T. Whitted, an American Indian, appeals his jury convictions for three counts of aggravated sexual abuse of a child, 18 U.S.C. §§ 1153(a), 2241(c) (Supp. IV 1986), one count of sexual abuse of a minor or ward, id. §§ 1153(a), 2243, and two counts of incest, id. § ...
No. C034403
97 Cal.App.4th 1233 (2002) | Cited 67 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 Defendant Bruce G. was accused by information of four counts of violating Penal Code section 288, subdivision (a) (all undesignated section references are to the Penal Code). Counts 1 through 3 accused defendant of committing a lewd or lascivious act upon ...
No. 07-5040
585 F.3d 793 (2009) | Cited 66 times
... PUBLISHED Argued: September 24, 2009 Before WILKINSON, SHEDD, and AGEE, Circuit Judges. Affirmed by published opinion. Judge Agee wrote the opinion, in which Judge Wilkinson and Judge Shedd joined. OPINION Jimmie Vance Grubbs pled guilty to six counts of knowingly transporting someone under ...
Docket No. 04-3498-cr
426 F.3d 117 (2005) | Cited 65 times
... Argued: March 24, 2005 Before: SOTOMAYOR, RAGGI and HALL, Circuit Judges. Duane Arthur Myers ("Myers") appeals from a judgment entered on June 10, 2004, in the United States District Court for the Western District of New York (Skretny, J.). Myers pled guilty to one count of receiving child ...
No. 691A84
340 S.E.2d 350 (1986) | Cited 65 times
... Defendant was charged in two bills of indictment with first-degree sexual offense in violation of N.C.G.S. § 14-27.4. The cases were consolidated for trial. Evidence for the State tended to show that on 2 May 1984 the victims were at home with their father, defendant in this case. Defendant called ...
No. 99-2567
237 F.3d 954 (2001) | Cited 65 times
... Appeal from the United States District Court for the District of South Dakota. Submitted: October 17, 2000 Wilbur Gabe appeals his conviction for three sexual offenses committed against his adopted daughter in Indian country: one count of abusive sexual contact with a child under the age of ...
No. 45/99-0660
633 N.W.2d 295 (2001) | Cited 64 times
... This appeal revisits a question with which this court has struggled on numerous occasions: When can the State use evidence of other bad acts in a prosecution for sexual abuse? A jury convicted defendant John Mitchell of three counts of second-degree sexual abuse in violation of Iowa Code sections ...
Case No.: 96-1775
216 Wis.2d 671 (1998) | Cited 62 times
... Oral Argument: November 6, 1997 REVIEW of a decision of the Court of Appeals. Affirmed. The defendant, Eugene Huntington, seeks review of an unpublished decision of the court of appeals that affirmed his conviction 1 on three counts of felonious sexual assault of a child under age 13. The ...
No. 10-13349
676 F.3d 1000 (2012) | Cited 62 times
... [PUBLISH] U.S. COURT OF APPEALS ELEVENTH CIRCUIT JOHN LEY CLERK (April 5, 2012) Before HULL, MARCUS and BLACK, Circuit Judges. A jury convicted Adam Wayne Lebowitz of producing child pornography in violation of 18 U.S.C. § 2251(a) and (e), and of attempting to entice a child to engage in ...
No. 12-1138
692 F.3d 718 (2012) | Cited 61 times
... ARGUED JULY 11, 2012 Before POSNER, MANION, and TINDER, Circuit Judges. This suit under the Federal Tort Claims Act was dismissed on the pleadings. So we take as true the allegations of the complaint, according to which the plaintiff is a resident of southern Wisconsin and a 64-year-old Navy ...
No. D045894
132 Cal.App.4th 1202 (2005) | Cited 61 times
... CERTIFIED FOR PUBLICATION Opinion ordered published September 26, 2005. Marvin P., who is the stepfather of T.R. and has lived in the same household as the child and her mother for seven years, appeals an order denying him presumed father status in T.R.'s dependency case. T.R. was declared a ...
C043152
128 Cal.App.4th 347 (2005) | Cited 60 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 OPINION ON REHEARING In the published portion of this opinion we hold that a person who has been found to be a sexually violent predator (SVP) is precluded from challenging the sufficiency of the evidence that he currently lacks the ability to control his ...
No. 08-10951
577 F.3d 254 (2009) | Cited 60 times
... Published opinion Before JOLLY, SMITH, and BENAVIDES, Circuit Judges. Defendant-Appellant Robert Lee Whaley appeals his conviction under 18 U.S.C. § 2250(a) for failure to register in accordance with the Sex Offender Registration and Notification Act ("SORNA"). We affirm. I. Whaley stipulated ...
H026576
127 Cal.App.4th 750 (2005) | Cited 60 times
... CERTIFIED FOR PUBLICATION Following a court trial, defendant Harry Adolphus Terry was found guilty of eight counts of committing lewd acts upon a child under the age of 14 (Pen. Code, § 288, subd. (a)) 1 and one count of continuous sexual abuse of a child (§ 288.5, subd. (a)) against the same ...
Record No. 870168
368 S.E.2d 263 (1988) | Cited 59 times
... In this appeal, we decide whether (1) the indictments sufficiently informed the defendant of the dates of the crimes charged against him, and (2) the trial court erred in excluding certain evidence proffered by the defendant to impeach the complaining witness in five criminal sexual assault cases. ...
C028377
83 Cal.App.4th 15 (2000) | Cited 59 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 APPEAL from a judgment of the Superior Court of the City and County of Sacramento, Jack V. Sapunor, Judge. Affirmed in part; reversed in part; remanded with directions. In this case we hold that CALJIC No. 2.50.01, as it read prior to its 1999 revision, ...
No. 7-658 / 96-1745
578 N.W.2d 250 (1998) | Cited 59 times
... Appeal from the Iowa District Court for Polk County, Richard G. Blane, II, Judge. The defendant appeals the judgment and sentence entered on his convictions for the crimes of lascivious acts with a child and assault with intent to commit sexual abuse, in violation of Iowa Code sections 709.8 and ...
No. 08-1151
580 F.3d 515 (2009) | Cited 59 times
... ARGUED MAY 8, 2009 Before CUDAHY, MANION, and TINDER, Circuit Judges. A jury convicted Erik D. Zahursky of attempting to coerce or entice a minor under the age of eighteen to engage in sexual activity in violation of 18 U.S.C. § 2422(b). The district court sentenced him to 262 months' ...
2d Crim. No. B111973
62 Cal.App.4th 693 (1998) | Cited 58 times
... CERTIFIED FOR PUBLICATION In this appeal, appellant Robert DeSimone challenges the calculation of his sentence under Penal Code section 667.61, the so- called One Strike law. 1 We reject his argument that only one "multiple victim" finding under section 667.61, subdivision (e)(5) was permitted ...
No. 89-10248
937 F.2d 1469 (1991) | Cited 58 times
... THOMPSON, Circuit Judge Manuel Jesus Torres appeals his conviction on two counts of aggravated sexual abuse in violation of 18 U.S.C. § 2241(c) (1988). He contends, first, that the district court erred in refusing to allow him to cross-examine the victim regarding a subsequent incident of sexual ...
No. 07-2468
581 F.3d 490 (2009) | Cited 58 times
... ARGUED APRIL 8, 2009 Before EASTERBROOK, Chief Judge, and KANNE and WILLIAMS, Circuit Judges. Dick Noel was charged with producing and possessing child pornography in violation of 18 U.S.C. §§ 2251(a) and 2252(a)(4)(B). A jury found Noel guilty on all counts, and on June 1, 2007, the district ...
No. 97-4162SD
149 F.3d 799 (1998) | Cited 57 times
... U.S. CIRCUIT COURT OF APPEALS, EIGHTH CIRCUIT Submitted: May 12, 1998 On Appeal from the United States District Court for the District of South Dakota. Alvin Ralph Mound was convicted of two counts of aggravated sexual abuse of a minor, in violation of 18 U.S.C. §§ 2241(c), 2246(2), two counts ...
NO. 03-97-00047-CR, NO. 03-97-00048-CR
974 S.W.2d 892 (1998) | Cited 56 times
... FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 368TH JUDICIAL DISTRICT NOS. 96-500-K368 & 96-501-K368, HONORABLE BURT CARNES, JUDGE PRESIDING Mycal Antoine Poole appeals from a jury conviction of four counts of indecency with a child and six counts of aggravated sexual assault of a child. See Tex. ...
No. 02-3003
328 F.3d 655 (2003) | Cited 56 times
... Argued March 13, 2003 Two main issues predominate in this appeal of a criminal conviction for interstate transportation of a minor with intent to engage in criminal sexual activity and possession of photographs of minors engaged in sexually explicit conduct. The first issue is whether the district ...
Docket No. 97544
870 N.E.2d 333 (2007) | Cited 55 times
... Published opinion Justices Fitzgerald and Burke concurred in the judgment and opinion. Justice Kilbride concurred in part and dissented in part, with opinion. Chief Justice Thomas dissented, with opinion, joined by Justice Karmeier. Justice Garman dissented, with opinion. OPINION Following a ...
No. CX-99-665
608 N.W.2d 551 (2000) | Cited 55 times
... Reversed and remanded for new trial; motion denied Klaphake, Judge O P I N I O N Donald Lee Duncan appeals his convictions for two counts of first-degree criminal sexual conduct and two counts of second-degree criminal sexual conduct. On appeal, Duncan argues that (1) the prosecutor committed ...
No. C052319
62 Cal.Rptr.3d 848 (2007) | Cited 55 times
... CERTIFIED FOR PARTIAL PUBLICATION 1 Defendant molested a four-year-old and an eight-year-old over a period of about seven months in 2002 and early 2003. A jury convicted him of multiple counts of child molestation, and the trial court sentenced him to a total state prison term of 180 years to ...
Case Summary: