Tag: Appeal

WA: Portland man arrested in Clark County sting acquitted of child sex abuse in new trial

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Source: columbian.com 10/2/23 A Portland man was acquitted last month after being granted a new trial on appeal, nearly five years after he was convicted in connection with an undercover child sex sting. A Clark County Superior Court jury Sept. 8 acquitted Jace Hambrick, 27, of attempted second-degree rape of a child and communicating with a minor for immoral purposes. He was one of several people arrested in February 2017 after responding to an advertisement posted by an interagency task force posing as minors online. In Hambrick’s case, he responded…

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FL: Ban on sex offender appeal jail release passes Florida House

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[news-journalonline.com – 3/3/20] A bill that would bar judges from granting bail to someone appealing a conviction of a sex offense against a child is moving smoothly through the Florida Legislature. Rep. Tom Leek, R-Ormond Beach, introduced the bill after outrage last year led by Volusia County Sheriff Mike Chitwood and others when Mark Fugler was released while he appealed his conviction and 15-year prison sentence for sex crimes involving a child. Leek’s bill adds sex crimes against children to the list of offenses for which judges cannot grant supersedeas…

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IN: COA reinstates petition to get off sex offender registry

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A man’s petition to remove his name from the Indiana Sex Offender Registry was reinstated Friday when an appellate panel concluded that the trial court that dismissed the petition had jurisdiction to consider it. In 1989, Stephen Peele was convicted of several felony child molesting charges and was sentenced to an aggregate 12 years in the Indiana Department of Correction. Then in 2003, Peele was convicted of Class C felony sexual misconduct with a minor. At some point, Peele was notified that he was required to register as a sex…

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OR: After 15 years, ex-lawyer branded as child molester wins a reversal

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The Oregon Court of Appeals on Wednesday reversed the conviction of a former lawyer who was found guilty in 2002 of sexually touching a 10-year-old girl in the kitchen of a McMinnville home, in a case riddled with questionable evidence. Although Bradley Christopher Holbrook has already served a 6 ¼-year prison sentence, the reversal means he will no longer be required to register as a sex offender for the rest of his life and carry that stigma. It also means that he won’t be a convicted felon anymore and could…

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WI: Wearing a GPS monitoring bracelet is not punishment, court says

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GPS monitoring bracelets are not punishment. Oh, I’m sure they suck. They might chafe. They could cause blisters. They will cramp your style, keep you out of swimming pools, cause a funny-looking bulge in your nylons, spoil your suntan, tether you to a power source for an hour a day. They’ll subject you to derision — or worse. And they’re an enormous invasion of your privacy: Someone will always know where you are, and if you take off the monitor, they’ll come after you. But a monitoring bracelet is not punishment. The…

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WA: Porn conviction tossed over military’s surveillance role

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____ ____, who lives near Seattle, was convicted and sentenced to 18 years in prison in 2012 for possessing and distributing child pornography that police said they found on his computer. On Friday, a federal appeals court overturned his convictions because of the unlikely — and illegal — source of the investigation. The U.S. Navy. To be specific, an agent of the Naval Criminal Investigative Service in Georgia who had a high-powered software program and used it in 2010 to search computers throughout the state of Washington for evidence of child…

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Sex Offender Was Deprived of Equal Protection, CA Rules

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Panel Says Law Allowing Some Child Molesters to Seek Pardon, but Not Others, Is Irrational and Unconstitutional A state law that allows a defendant convicted of a sex crime against a child under the age of 10 years to obtain a certificate of rehabilitation and pardon, but denies a similar opportunity to one convicted of molesting a child under the age of 14, is unconstitutional, the Fourth District Court of Appeal ruled Friday. “[W]e can discern no rational basis for the unequal treatment of these two similarly situated groups of…

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[UPDATE 2 with Hearing Date] Court of Appeals to Review Orange County Ordinance

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UPDATE 2: This case is now calendared for Thursday, 9-26-13 at 1:00 p.m.http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=43&doc_id=2030448&doc_no=G047657 *** UPDATE: This case will be heard on Monday, July 22, 2013 at 1:00 pm in the 4th District Court of Appeal, Division 3, Santa Ana, California. 4th District Div 3, 601 W. Santa Ana Blvd., Santa Ana, California 92701, Clerk’s Office (714) 571-2600http://www.courts.ca.gov/4dca.htm The California Court of Appeals has decided to review the ordinance passed by Orange County which prohibits all registrants from entering county parks, beaches, harbors and other recreational areas.  The opening brief from the Office of the Public…

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