27 results for 'cat:"Evidence" AND cat:"Child Pornography"'.
J. Wilkinson finds the lower court properly granted the government summary judgment. The attorney sought to sue the FBI for violating the Freedom of Information Act when it refused to turn over documents related to the charging of his client with the production and possession of child pornography. The documents fall within the exception for records that could reasonably be expected to interfere with enforcement proceedings as they are part of ongoing investigations of third-party individuals. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: March 25, 2024, Case #: 23-1821, Categories: evidence, child Pornography
J. Motz finds the lower court properly sentenced the defendant for crimes related to his production and possession of child pornography. The defendant filmed multiple minor boys masturbating. The defendant argues web searches from his phone are irrelevant because they don't involve the victims of his child porn production. The web searches, including searches for "selfies boy masturbating," reveal his interest in depictions of minor boys masturbating, the same sort of conduct underlying the charged offenses. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: March 12, 2024, Case #: 22-4322, Categories: evidence, Child Victims, child Pornography
J. Vigil finds the appeals court erroneously vacated defendant's child pornography convictions because the state provided sufficient evidence to prove the mens rea of each crime, including the production of child pornography. Although defendant argued none of the videos stored on his hard drive and shared on a peer-to-peer network included file names to suggest they involved individuals under the age of 18, evidence indicated the videos remained on the hard drive after they were viewed, despite defendant's claim he would delete any child pornography as soon as he discovered it, while the use of an anti-forensic program thousands of times to delete certain files also indicated defendant was aware he downloaded illegal materials. Affirmed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: March 4, 2024, Case #: S-1-SC-38300, Categories: evidence, Sex Offender, child Pornography
J. Ebel finds that the lower court properly denied defendant's motion to suppress evidence regarding his child pornography convictions. Defendant sought to suppress emails that contained the content after law enforcement got the emails on a tip from the National Center for Missing and Exploited Children. It is common practice for law enforcement to use tips and other leads from organizations such as that. Even if police did not act on the tip, there was enough evidence that inevitably would have been discovered during the investigation. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: February 20, 2024, Case #: 22-2085, Categories: evidence, child Pornography
J. Green finds a lower court properly imposed 26 convictions on a defendant for sexual exploitation of a child. The defendant argued that the State lacked sufficient evidence in court that he actually downloaded child pornography on a device via zip filer. However, the error does not affect the jury's guilty verdict based on the amount of child pornography content in his recycle bin. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Green, Filed On: February 2, 2024, Case #: 125064, Categories: evidence, child Pornography
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J. Warby finds a lower court improperly dismissed the home department's motion for deportation concerning a civilian's serious sex offenses against his infant daughter. The father argued that deportation is a violation of his human rights. However, the government sufficiently showed in court that he not only possessed 1,450 images of child pornography, but also sexually assaulted his infant daughter. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Warby, Filed On: January 19, 2024, Case #: CA-2023-687, Categories: evidence, Child Victims, child Pornography
J. Biles finds a lower court properly convicted a defendant for aggravated criminal sodomy of a minor female child, who is his stepdaughter. The defendant argued that his Internet search history did not reveal any sexual misconduct, his victim's testimony lacked specific details, and that the court's panel was right to deem his Internet history as irrelevant. However, the government sufficiently showed in court that his Internet searches were focused on underaged female children, who were forced into filming content under titles that included, "Sex At 9 years old," and "Step Dad started blowing me at age 5," which did not constitute undue prejudice. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 12, 2024, Case #: 124,054, Categories: evidence, Child Victims, child Pornography
J. Grasz finds a lower court properly sentenced a defendant to 144 months in prison for one count of receiving child pornography. The defendant argued that the lower court erred in applying a two- level enhancement to his sentence for knowingly distributing child pornography. However, the government sufficiently showed in court that the defendant participated in distributing child pornography on a peer-to-peer file sharing platform from his IP address, and that he used five separate devices to store 168,000 child pornography files. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: January 3, 2024, Case #: 23-1741, Categories: evidence, child Pornography
J. Moore finds the county court properly denied defendant’s motion for postconviction relief without an evidentiary hearing from his no contest conviction for generation of child porn. The victim and multiple witnesses testified that defendant pulled the victim’s clothing away from her breasts and vagina while recording with a green cell phone in a public park. Defendant was arrested on a different warrant during a traffic stop and a warranted search was conducted on his green cell phone, revealing a recording of the assault. All evidence supports conviction and any motion to suppress would not have been successful. There is no obligation to engage in unneeded analysis and there was no error in denying defendant’s motion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: November 7, 2023, Case #: A-22-789, Categories: evidence, Sex Offender, child Pornography
J. White finds the trial court erroneously denied defendant's motion to suppress his interview with police shortly after his arrest. His request to make a phone call to his sister, who is an attorney, was clearly a request for counsel and should have ended the interview. Although defendant had initially asked to call his father, his request to call his sister was not an attempt to speak with family because he told the interviewing detective she was an attorney and the detective told him the interview would end if he made the call. Additionally, the trial court erroneously allowed the prosecution to add a child pornography charge to the indictment because no new evidence was used to support the charge. Reversed.
Court: 6th Circuit, Judge: White, Filed On: October 23, 2023, Case #: 22-5328, Categories: evidence, child Pornography
J. Blanchard finds the circuit court properly denied defendant's motion to suppress evidence in his child pornography case based on police officers' violation of Wisconsin statutes setting a time limit for executing a search warrant once it is issued. The police did not violate the relevant statutes by taking almost two months to complete an off-site forensic analysis of a computer and other digital devices seized from defendant's home, as under the statutes the term "execute" applies to the physical search of a place and seizure of items, and the police satisfied the statute's five-day deadline to execute a search warrant by searching defendant's home three days after the warrant was issued. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: October 12, 2023, Case #: 2022AP002060-CR, Categories: evidence, Search, child Pornography
J. Wise finds defendant's indictment on several charges of gross sexual imposition and pandering obscenity involving a minor included all language necessary to put him on notice of the charges and allowed him to prepare a sufficient defense, given that it included the specific event and timeframe of his criminal activity. Meanwhile, the video and photographic evidence obtained from both defendant's cell phone and the cameras in the victim's home is sufficient to convict him of the child pornography charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: October 11, 2023, Case #: 2023-Ohio-3704, Categories: evidence, Child Victims, child Pornography
J. Loken finds a lower court properly revoked a defendant's probation for possessing an Internet device to access child pornography while serving 240 months of supervised release. The defendant argued that his 24 month revocation sentence and 19 years probation is unreasonable. However, the government presented sufficient evidence in court that the defendant bought a smartphone almost immediately after he was released from custody and refused to show his phone to his probation officer, which contained an "extensive browsing history of child pornography." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 11, 2023, Case #: 22-3666, Categories: evidence, Sentencing, child Pornography
[Consolidated.] J. Horton finds the trial court properly convicted defendant, by guilty plea, for possession of child pornography. Police obtained a search warrant for defendant’s laptop after his girlfriend reported that she discovered child porn, as well as videos of herself and a friend that were recorded without their consent. The girlfriend had implied consent to use defendant’s laptop as he had allowed this many times previously and the Computer Security statute preventing nonconsensual use of another’s devices does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-22-00043-CR, Categories: evidence, Search, child Pornography
J. Stras finds a lower court properly denied a disgraced reality television personality's motion for a new trial concerning two counts of possession of child pornography. The former television personality argued that he was entitled to a motion to suppress "incriminating statements" he made to law enforcement, in violation of his Miranda rights. However, the government presented sufficient evidence in court that he made incriminating statements about downloading child pornography outside of a formal interrogation, and that a reasonable person would have "believed he was in custody at the time the statements were made to police." Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: August 7, 2023, Case #: 22-2178, Categories: evidence, Child Victims, child Pornography
Per curiam, the Fifth Circuit finds the trial court properly convicted a U.S. Army soldier for possession of child pornography after agents found an illicit image on his cellphone during an investigation into his alleged sexual assault of another soldier and recording it on his cellphone. All evidence supports that agents had probable cause to believe the cellphone contained videos, images and conversation related to the alleged sexual assault. The authorization constrained the search to only content related to the incident and was not overly broad. Suppression of the child pornography evidence was not warranted. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 1, 2023, Case #: 21-51229, Categories: evidence, Sex Offender, child Pornography
J. Quattlebaum finds the lower court properly denied the defendant's motion to suppress evidence police discovered while searching his van without a warrant. The officers acted reasonably to intake the van containing a high-powered rifle, a pistol, ammunition and explosives in plain view to be left overnight and unattended in a bank parking lot eventually leading to the FBI searching the defendant's cell phone and finding child pornography. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: June 23, 2023, Case #: 21-4687, Categories: evidence, Firearms, child Pornography
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for receiving and possessing child pornography. The evidence supports defendant's convictions and double jeopardy does not apply, as his two convictions rely on separate computer files for those received and those possessed. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 16, 2023, Case #: 22-20216, Categories: evidence, child Pornography, Technology
J. Eklund finds that while defendant claimed he deleted child pornography from his phone as soon as it was sent to him through several WhatsApp messages, the jury was free to discredit this testimony and convict him because his story was contradicted by the testimony of the cell phone store employee who noticed the images when he transferred data between several phones. Meanwhile, the trial court properly admitted a computer-generated data report from defendant's cell phone that was not authenticated in court by a state witness because the report was non-testimonial in nature. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: June 12, 2023, Case #: 2023-Ohio-1945, Categories: evidence, Child Victims, child Pornography
J. Smith finds a lower court properly sentenced a former deputy sheriff to 300 months in prison after he was indicted on six counts of child pornography offenses. The former deputy sheriff argued that his sentence is unreasonable based on his age and health issues, and that he was remorseful for his actions, which included attempting to induce a minor to produce child pornography, enticement of a minor, and transferring obscenity to a person under 16. However, the government presented sufficient evidence in court that his actions were "among the most serious offenses" the court has seen, which does not entitle him to "getting a break." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 6, 2023, Case #: 22-1514, Categories: evidence, Child Victims, child Pornography
J. Gruender finds a lower court properly sentenced a defendant to 540 months in prison for sexual exploitation of a child. The defendant argued that the lower court erred in failing to suppress evidence from a search of his cell phone, which revealed that he sexually abused several children, whose mother participated in the abuse. However, the government sufficiently showed in court that police officers properly obtained a warrant to search the defendant's home and cell phone. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: May 19, 2023, Case #: 22-2334, Categories: evidence, Child Victims, child Pornography
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to possessing a sexual performance by a child, criminal solicitation, and attempted distribution of indecent material to a minor. Defendant contends his Alford plea was involuntary, but the record indicates he reviewed all discovery material and discussed the implications of such with counsel before choosing to go the Alford route to avoid a lengthier prison term. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 18, 2023, Case #: 112190, Categories: evidence, Plea, child Pornography