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Rape Law
 
STATE OF KANSAS v. LUKE REED

In 1982, a jury convicted Reed of one count of aggravated kidnapping and one count of rape. The district court sentenced Reed to 15 years to life imprisonment for the rape charge and life imprisonment for the aggravated kidnapping charge, with the sentences to run consecutively.

Reed filed a direct appeal arguing only that the district court abused its discretion by allowing an amendm... More...
   $0 (04-18-2018 - KS)

CHRISTOPHER L. WAISNER v. STATE OF KANSAS

In 2011, Waisner was convicted of various sex crimes in Shawnee County District Court. The underlying facts relating to the criminal case were summarized by this court in Waisner's direct appeal:

"This case involves allegations of sexual abuse lodged against Waisner by his daughter, T.G. Specifically, T.G. alleged that when she lived with Waisner during a period between May 2008 and J... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS v. HERSHEL A. KEMP

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

JOE N. MONDRAGON v. STATE OF KANSAS

In 2007, Mondragon was charged with rape of a child under the age of 14 in violation of K.S.A. 2006 Supp. 21-3502(a)(2) and two counts of aggravated indecent liberties with a child under the age of 14 in violation of K.S.A. 2006 Supp. 213504(a)(3)(A). All three charges are off-grid person felonies. Although the caption of the complaint stated that Mondragon was born in 1945, the body of the compla... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. ROBBIE A. THOMAS

Robbie A. Thomas was convicted of aggravated battery, abuse of a child, and aggravated endangering a child. These charges arise from an incident while Thomas was babysitting his girlfriend's children on July 2, 2015. The child in question was age two and had soiled his pants. On appeal, Thomas does not argue that the evidence did not establish that he was the cause of the child's burns when he wa... More...   $0 (04-17-2018 - KS)

DANIEL LYNN HONEY v. STATE OF ARKANSAS

Honey was charged with two counts of rape based on allegations that he inserted his
finger into the vagina and anus of seven-year-old R.T. Prior to trial, Honey filed a motion
for discovery to which the State filed a response and supplemental response. Honey later filed
a separate request for discovery pursuant to Arkansas Rule of Criminal Procedure 17.1,
specifically asking the S... More...
   $0 (04-16-2018 - AR)

SONNY A. BYRUM V. STATE OF ARKANSAS

Sonny Byrum appeals his convictions for rape and knowingly exposing another to
the human immunodeficiency virus. His sole argument on appeal is that the circuit court
violated his Sixth Amendment right to counsel of his choice. We affirm.
The State filed charges against Byrum in 2015. Byrum retained private counsel, who
appeared at seven pretrial hearings over eighteen mon... More...
   $0 (04-16-2018 - AR)

ANDREW LEE JACKSON V. STATE OF ARKANSAS

A Garland County jury convicted Andrew Lee Jackson of two counts of rape and
sentenced him to 40 years’ imprisonment in the Arkansas Department of Correction
(ADC) for each conviction, to be served consecutively. On appeal, Jackson does not
challenge the sufficiency of the evidence to support his convictions. Rather, he argues that
the circuit court erred by denying his request... More...
   $0 (04-15-2018 - AR)

GERMAN VASQUEZ V. STATE OF ARKANSAS

Vasquez was arrested pursuant to a charge of rape on May 7, 2016, and he was not
tried until August 7, 2017, 457 days later, ninety-one days beyond the one-year anniversary
of his arrest.1 During the pendency of the case, the circuit court granted four continuances.
The State requested the first continuance due to its need for more time for the Arkansas
State Crime Laboratory t... More...
   $0 (04-15-2018 - AR)

STATE OF KANSAS v. SCOTT HARRIS KOBEL

On July 14, 2013, the State charged Kobel with aggravated kidnapping, rape, and attempted rape. Pursuant to a plea agreement, the State submitted an amended information, charging Kobel with aggravated battery, a severity level 4 person felony. The agreement was for Kobel to plead guilty to the amended information and, believing his criminal history score was A, the State would not oppose or reques... More...   $0 (04-14-2018 - KS)

tate of Louisiana v. Jaderrick Barrett

In 2008, the defendant, Jaderrick Barrett (also known as “J.D.”), was
16 years old.2 He entered an abandoned house with G.K.,3 a 12-year-old
mentally challenged girl, pulled down her panties and engaged in vaginal
and anal sexual intercourse with her.4 The Shreveport Police Department
investigated the matter but the police officers were unable to locate the
defendant. S... More...
   $0 (04-13-2018 - LA)

State of Louisiana v. Terry Matthew Pittman

The state charged Defendant by bill of information with one count of
indecent behavior with juveniles in violation of La. R.S. 14:81(A)(2), one
count of molestation of a juvenile in violation of La. R.S. 14:81.2 and one
count of pornography involving juveniles in violation of La. R.S. 14:81.1.
As to Count One, the state alleged that on April 20, 2014, Defendant
transmitte... More...
   $0 (04-13-2018 - LA)

State of Louisiana v. Latilo Omar Lewis

Defendant’s four-day trial began on October 10, 2016. Tensas Parish
Sheriff Ricky Jones testified that around 2:22 p.m. on November 6, 2015,
N.H. frantically ran into the sheriff’s office barefoot, wearing a pink
nightgown and black jogging pants. According to Sheriff Jones and Deputy
Betty Spillman Brown, N.H. was hysterical; she was crying and could barely
talk. The o... More...
   $0 (04-10-2018 - LA)

The Regents of the University of California v. The Superior Court of Los Angeles County, Katherine Rosen

After he enrolled in the University of California at Los Angeles (UCLA),
Damon Thompson experienced auditory hallucinations. He believed other
students in the classroom and dormitory were criticizing him. School
administrators eventually learned of Thompson’s delusions and attempted to
provide mental health treatment. However, one morning Thompson stabbed
fellow student Katheri... More...
   $0 (04-10-2018 - CA)

State Of Louisiana VS Joseph Michael Kurz

Kurz was born August 25, 1952. He was indicted by grand jury for
the aggravated rape of the male victim,1 who was born on July 7, 1965, and
who testified that he was under the age of 12 at the time of the rapes. The
indictment alleges that Kurz committed the rapes between July 7, 1975, and
July 7, 1977, when the victim was 10 or 11 years old, and the defendant was
approx... More...
   $0 (04-09-2018 - LA)

Terrence Jefferson vs. The State of Florida

The 18-year-old victim was walking home around 10:30 pm from her job at
Aventura Mall when the Appellant drove up beside her and repeatedly asked her to
get in the car. Because it was raining heavily, she got in. The Appellant did not go
in the direction of her house, but drove in another direction and then offered her
money to have sex with him. When she refused and tried t... More...
   $0 (04-09-2018 - FL)

Dylan Robinson vs State of Florida

In the fall of 2014, a University of West Florida sophomore invited Robinson up to her dorm room. The young woman had met Robinson the day before, and Robinson asked if he could visit her while he was on campus. Inside her dorm room, the two talked for a while before eventually kissing. The young woman was okay with kissing, but Robinson did not stop there. He soon became more aggressive, closed t... More...   $0 (04-09-2018 - FL)

STATE OF KANSAS v. DAVID MCCAUGHTRY

David McCaughtry appeals the trial court's judgment denying his motion to depart from his Jessica's Law sentence to a grid sentence. On appeal, he contends that the prosecutor committed reversible error when the prosecutor argued against his motion with facts not in evidence. Although we agree that the prosecutor committed error when she failed to limit her comments to the evidence or record and t... More...   $0 (04-07-2018 - KS)

STATE OF OHIO vs. JOHN CRAWFORD

In 2015, Crawford was charged in a 18-count indictment with multiple counts
of rape, kidnapping, complicity to commit rape, and unlawful sexual conduct with a
minor. The matter proceeded through a long and arduous pretrial process related to
Crawford’s desire to switch attorneys. Crawford finally agreed to plead guilty to one
count of sexual battery, with the named victim J.... More...
   $0 (04-07-2018 - OH)

STATE OF OHIO vs. DASHAWN STROWDER

For the sake of clarity, we shall address the third assigned error last. Having
reviewed the record and pertinent law, we affirm the convictions, but reverse and remand
for resentencing. The apposite facts follow.
{¶3} This case originated in juvenile court when then-17-year-old Strowder was
charged in connection with offenses alleged to have occurred on or about April 21, 20... More...
   $0 (04-06-2018 - OH)

STATE OF OHIO VS. EDSON D. HALK

On January 29, 2009, Appellant was indicted on three counts of rape in violation of R.C. 2907.02(A)(1)(b), which prohibits sexual conduct with a child under the age of thirteen. Each count was charged as felony/life and specified he purposely compelled the victim to submit by force or threat of force. Count one was based on 2006 conduct; count two was based on 2007 conduct; and count three was b... More...   $0 (04-04-2018 - OH)

MATTHEW BRIAN BURNSIDE V. STATE OF ARKANSAS

In 2014, a Faulkner County jury convicted Matthew Burnside of raping and sexually
assaulting a twelve-year-old girl. His convictions were affirmed on direct appeal by this
court in 2015. Burnside v. State, 2015 Ark. App. 550, 472 S.W.3d 497. He filed a timely
petition for postconviction relief in the circuit court in December 2015 pursuant to Arkansas
Rule of Criminal Proced... More...
   $0 (04-03-2018 - AR)

JAMES CARL PAFFORD V. STATE OF ARKANSAS Sex Offender

Pafford sexually abused then twelve-year-old M.W. on two occasions in February
2015. Both encounters took place at Pafford’s home. M.W. confided in his grandmother
and a child-abuse-hotline call was made. Because M.W. lived primarily in the same home as
Pafford, the call was of high priority and M.W. was immediately interviewed. From there,
the investigation continued and was h... More...
   $0 (04-03-2018 - AR)

STATE OF KANSAS v. JOAQUIN ALFONSO DEANDA

In 2008, Garden City police discovered a 16-year-old girl's body in a trash dumpster behind the house where 17-year-old DeAnda lived with his mother. The State charged DeAnda with first-degree murder, rape, and aggravated criminal sodomy. Before trial, DeAnda agreed to plead guilty to first-degree premeditated murder in exchange for the State dismissing the remaining charges. The district court ac... More...   $0 (04-02-2018 - KS)

STATE OF KANSAS v. TRENT L. ROBINSON

Trent L. Robinson appeals, arguing that his sentence was illegal, that the journal entry is erroneous, and that the district court failed to sufficiently inquire at sentencing into his complaints about his counsel and his plea. We agree that Robinson's sentence is illegal so we remand for resentencing without reaching his other claims.

We need not set forth the facts underlying Robinso... More...
   $0 (04-02-2018 - KS)

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