State v. Scheetz

Court: Kansas Supreme Court

Docket: 124054

Opinion Date: January 12, 2024

Areas of Law: Communications Law, Criminal Law, Internet Law

The Supreme Court of Kansas reversed the decision of the Court of Appeals, which had overturned Mark Scheetz's convictions for aggravated criminal sodomy, rape, sexual exploitation of a child, and victim intimidation. The Court of Appeals had ruled that the cumulative effect of various trial errors denied Scheetz his constitutional right to a fair trial. However, the Supreme Court found that the appellate court erred in its analysis, as Scheetz failed to make a timely and specific objection at trial to preserve an evidentiary challenge for appellate review as required by K.S.A. 60-404. Furthermore, the Supreme Court found the internet search history evidence was relevant to establish Scheetz's sexual desire for underage girls, a required element of the sexual exploitation of a child charge. The Supreme Court also concluded the prosecutor did not commit error in his closing arguments as the panel had determined. Consequently, the Supreme Court affirmed Scheetz's convictions.

State v. Odiah

Court: Rhode Island Supreme Court

Docket: 22-296

Opinion Date: January 16, 2024

Areas of Law: Communications Law, Criminal Law, Internet Law

In this case heard by the Supreme Court of Rhode Island, Somayina Odiah, the defendant, was appealing his conviction for one count of indecent solicitation of a child. The defendant had been communicating online with a person he believed to be a 14-year-old transitioning from male to female named “Alice.” However, “Alice” was a fictitious character created by the Rhode Island State Police for an undercover operation. The defendant was arrested after arranging to meet “Alice” in person. The defendant's argument on appeal focused on the claim that the state had not proven that “Alice” was “over the age of fourteen,” a necessary element for the charged offense.

The Supreme Court of Rhode Island affirmed the conviction. It held that even if “Alice” had turned fourteen on the day of the charged offense, under Rhode Island law, a person reaches their next year in age at the first moment of the day prior to the anniversary date of their birth. Therefore, “Alice” would have been considered to be exactly fourteen years old on the day before the charged offense. The court concluded that the defendant was planning to meet a fourteen-year-old child, with whom he had communicated about sexual activity, and that the trial justice did not err in denying the motion to dismiss the charge on the basis of the state not proving "Alice" was "over the age of fourteen." Thus, the defendant's judgment of conviction was affirmed.