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Rape Law
 
James Earl Love v. The State of Texas Waco man gets life in prison for continuous sexual abuse of child

A McLennan County grand jury returned an indictment alleging that Love, during
a period that was thirty days or more in duration—specifically, from on or about January
1, 2010 to September 1, 2013—committed two or more acts of sexual abuse against Z.L.,
Love’s grandson, who was then under the age of fourteen. See id.
Prior to trial, Love filed a “Motion to Declare Continuous S... More...
   $0 (01-20-2018 - TX)

David Wilbanks v. The State of Texas The Colony resident sentenced to 60 years for child molestation

When she was fourteen years old, Gloria3––who had lived with Wilbanks
from time to time while he financially and emotionally supported her family––told
her best friend’s mother that Wilbanks had repeatedly performed sexual acts with
her, beginning with fondling when she was six years old and continuing until the
time of her outcry. At the urging of her friend’s mother, Gloria ... More...
   $0 (01-20-2018 - TX)

STATE OF KANSAS v. DAVID CANTRELL SR. Rape and aggravated indecent liberties with a child

The relevant facts are straightforward and uncontested. The State charged Cantrell with four counts of off-grid rape and one count of aggravated indecent liberties with a child, a severity level 3 person felony, in 16CR2758. The State also charged Cantrell with
2

one count of off-grid aggravated indecent liberties with a child in 16CR2826. For purposes of this appeal, we do not nee... More...
   $0 (01-20-2018 - KS)

State of Tennessee v. Quantez Person Jury hung in trial of former FedEx employee accused of rape, exposing HIV

Originally charged with aggravated rape and criminal exposure to HIV, the defendant was convicted by a Shelby County Criminal Court jury of criminal exposure to HIV based upon hisengaging in unprotected sexual acts with the victim in March 2012.

At the defendant’s May 2016 trial, the victim testified that as she walked from her home to the home of a friend, a man driving a Chrysler conver... More...
   $0 (01-18-2018 - TN)

STATE OF OHIO - vs - GILBERT EUGENE SKEINS, JR. Rape and gross sexual imposition involving a minor

Skeins had one child with Joy Slusher and she was pregnant with their
second child in February 2016. Skeins and Slusher resided with Slusher’s mother and
stepfather in Niles, Ohio. On February 14, 2016, Slusher went shopping with her
2
parents and they left Skeins home alone with the children, which included Slusher’s
child from another relationship, Slusher’s child with... More...
   $0 (01-18-2018 - OH)

STATE OF KANSAS v. STEVEN TERRY JORDAN

Around 1:30 a.m. on February 6, 2013, in Great Bend, Kansas, A.W. was preparing to go sleep. She had worked at a nearby gas station that evening and had just sent her cousin home because it was late. About 10 minutes after getting into bed, A.W. heard footsteps on her front porch and a loud banging at her front door, as if someone was kicking it in. A.W. turned on her light, picked up her cell pho... More...   $0 (01-16-2018 - KS)

Tracey E. George, et al. v. Tre Hargett Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

In November 2014, Tennessee voters approved an
amendment to the Tennessee Constitution making clear that the Constitution is not to be
construed as securing or protecting a right to abortion or requiring funding of an abortion.
Understandably, the amendment was a matter of no small controversy. In fact, more votes were
cast in favor of and opposition to the amendment than were cast... More...
   $0 (01-16-2018 - TN)

State of Tennessee v. Andrew Shearin Memphis man jailed on child porn charges

On April 24, 2014, the Defendant was indicted by the Shelby County Grand Jury for sexual exploitation of a minor based on his possession of over 100 images involving minors engaged in sexual activity, a Class B felony. On April 4, 2016, the Defendant entered an open guilty plea to the indicted offense, leaving the sentencing to the trial -2
court’s determination. A transcript of the guilty ... More...
   $0 (01-13-2018 - TN)

STATE OF TENNESSEE v. KENNETH BERNARD SCOTT COURT OF CRIMINAL APPEALS OF TENNESSEE

This case arises out of a series of controlled drug purchases that were made from the Defendant by a confidential informant who was working with the Henderson County Sheriff’s Department, which resulted in the Henderson County Grand Jury’s return of a
01/10/2018
-2
six-count indictment against the Defendant. Counts one and two charged the Defendant with the August 11, 2014 sale and ... More...
   $0 (01-13-2018 - TN)

STATE OF OHIO vs. MARCELLUS JOHNSON

Defendant-appellant Marcellus Johnson pleaded guilty to first-degree felony
counts of aggravated burglary, rape, and kidnapping. The court classified Johnson as a
sexual predator under the former Megan’s Law (the rape occurred in 1997). The court
imposed ten-year sentences on each count, with the agreement of the parties that the
offenses were not allied and did not merge. ... More...
   $0 (01-13-2018 - OH)

STATE OF OHIO vs. MITCHELL SHIVERS

In Cuyahoga C.P. No. CR-16-602796-A, appellant was charged with two
counts of rape, each with a sexually violent predator specification, and one count of
kidnapping with a sexual motivation specification and a sexually violent predator
specification. Appellant filed a motion to dismiss for preindictment delay. Thereafter,
he entered a plea of guilty to Count 1 as amended to s... More...
   $0 (01-13-2018 - OH)

State of Ohio v. Devonte Brown Toledo teen charged with murder of ex-girlfriend and her brother takes plea deal

On August 10, 2015, appellant invaded the victim’s home, stabbed her 17
times, killed her son, raped, kidnapped and killed her daughter, and stole her vehicle.
When later confronted by police in the stolen vehicle, he fled and crashed.
{¶ 4} Appellant was the age of 16 at the time he committed these acts, and he was
the estranged boyfriend of the daughter. There was a no-con... More...
   $0 (01-13-2018 - OH)

STATE OF OHIO v. THOMAS A. CONTENTO Troy man takes plea deal in rape of juveniles

In 2016, the Miami County Grand Jury returned indictments in three separate
cases charging Contento with a total of eight counts of rape of a person less than 13
years of age in violation of R.C. 2907.02(A)(1)(b), a felony of the first degree. The
alleged rape offenses occurred between 1995 and 2005, and involved three victims, K.C.,
S.C., and H.K.
{¶ 3} Pursuant to a pl... More...
   $0 (01-13-2018 - OH)

CATHRYN ANN LINN vs. STATE OF IOWA Jury hands down first-degree murder verdict in Linn case

In its opinion affirming Linn’s conviction on direct appeal, this court set forth
the following facts surrounding the incident leading to Linn’s charge:
Muscatine police officers were dispatched to Linn’s residence in the early morning hours of February 7, 2007, after Linn called 911 to report she had shot someone. Several officers arrived at the residence brandishing weapons. Linn ap... More...
   $0 (01-12-2018 - IA)

MARK ALLAN BITZAN vs. STATE OF IOWA Casper man convicted of rape again

A college student on her way home for winter break stopped at a rest area
in Monona County, Iowa. A man in the women’s restroom accosted her, forcibly
moved her to the handicapped stall, threatened her with a pocket knife, and raped
her.
A jury found Mark Bitzan guilty of first-degree kidnapping.1 This court
affirmed his judgment and sentence of life in prison. See S... More...
   $0 (01-12-2018 - IA)

State of Louisiana v. Navarius Simon

On June 8, 2016, Donna Richardson, Simon’s parole officer, paid a
visit to Simon’s home, located at 400 Topeka Street in Mansfield, Louisiana.
Richardson testified that when she pulled up to the home, Simon, who was
outside washing his carport, noticed her and began walking into the house.
Richardson asked him to stop, but when he continued, she followed him into
the hom... More...
   $0 (01-12-2018 - TX)

STATE OF MONTANA v. RANDALL LEE LERMAN 11 accuse Montana massage therapist of sexual assault

Lerman was a licensed massage therapist in Dillon, Montana. Over the course of
two months, Kelsey Stoker attended four massage therapy appointments with Lerman to
help alleviate lower back pain. During her appointments, Stoker left on her undergarments,
which included a cap-sleeved spandex undershirt and spandex shorts that went almost to
her knees.
¶3 The fourth appoi... More...
   $0 (01-11-2018 - MT)

STATE OF NORTH CAROLINA v. BERNARDO ROBERTO PENA aka MARTIN RANGEL PENA COURT OF APPEALS OF NORTH CAROLINA

Defendant was initially charged by arrest warrant on 29 May 2012 and then
later indicted on or about 20 August 2012 for second degree sexual offense, second
degree kidnapping, sexual battery, attempted second degree sexual offense, and
attempted second degree rape. He signed a waiver of counsel form on or about 30
May 2012 waiving his right to assigned counsel. Defendant was ... More...
   $0 (01-10-2018 - NC)

COMMONWEALTH vs. CRISOSTOMO LOPES et al Jury reaches verdict in killing of 14-year-old Dorchester boy

We summarize the facts that the jury could
have found, reserving certain details for discussion of the
legal issues.
The victim was fourteen years old and lived on Norton
Street in the Dorchester section of Boston. On May 30, 2010,
1 At the time of oral argument, the codefendant had not yet filed his brief with this court... More...
   $0 (01-10-2018 - MA)

State of Missouri vs. Melinda Tillitt Missouri Court of Appeals Western District

Ms. Tillitt was initially charged in May 2015 with four counts of first-degree
statutory sodomy for deviate sexual intercourse involving one of her daughters, K.B.T.
The information was later amended to add one count of first-degree statutory sodomy
for deviate sexual intercourse and one count of first-degree child molestation for sexual
contact involving another daughter, K.D... More...
   $0 (01-09-2018 - MO)

STATE OF OHIO vs. ADAM BOWERS

This is Adam Bowers’s second appeal. Following a jury trial, Bowers
was convicted of raping a child, in violation of R.C. 2907.02(A)(1)(b), with the
accompanying specification that the child was under ten. He was also convicted of
gross sexual imposition. In his first appeal, we held that the trial court had applied
the wrong sentencing scheme when sentencing Bowers for rape.... More...
   $0 (01-08-2018 - OH)

State of Tennessee v. Joshua Michael Stewart Child rapist to serve 33-year prison term

In this case, the Defendant was indicted for rape of a child and two counts of aggravated sexual battery. The victimwas ages seven and eightat thetime of the incidents and was the Defendant’s stepsister.
01/04/2018
-2
The victim testified that her birthday was December 12, 2000, that she was age fifteen at the time of the trial, and that she was in the tenth grade. She said that sh... More...
   $0 (01-08-2018 - TN)

STATE OF NORTH CAROLINA v. DANIEL ALAN LIVERMAN

The State presented evidence at trial tending to establish the following facts:
In June of 2014, “Kerry”1 was sitting in her mother’s car in the parking lot of a Food
Lion in Zebulon, North Carolina when Defendant drove up and began speaking to her
from his vehicle. At that time, Kerry was 14 years old, and Defendant was 32. They
exchanged phone numbers, and Defendant drove ... More...
   $0 (01-07-2018 - NC)

GARY LEE MORNINGSTAR, JR. v. STATE OF KANSAS

In 2007, Gary Morningstar was convicted by a jury of one count of rape of a child under the age of 14, one count of aggravated battery, one count of abuse of a child, and one count of aggravated endangerment of a child. The facts of the case are well-known to the parties and need not be reiterated here.
2

Morningstar was sentenced to life imprisonment with no possibility of parole ... More...
   $0 (01-06-2018 - KS)

United States of America v. Paulino Morales-Alonso Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal requires us to decide whether Georgia aggravated assault as defined by O.C.G.A § 16-5-21(a)(2) is a crime of violence under the operative version of § 2L1.2 of the Sentencing Guidelines. Defendant Paulino Morales-Alonso was convicted in 2016 of illegally reentering the United States, in violation of 8 U.S.C. §§ 1326(a) and (b)(2), after having been deported following a conviction for a... More...   $0 (01-05-2018 - GA)

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