7 results for 'cat:"Plea" AND cat:"Child Pornography"'.
J. Abele finds that although defendant claimed both the victim and her husband lied about the victim's age before they engaged in sexual conduct, her attorney's failure to argue the state could not establish the mens rea for her charge of pandering sexually-oriented material involving a minor did not constitute ineffective assistance. Defendant admitted in her plea hearing she knew the victim was under the age of 18 and that she willfully created recordings of their sexual acts. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 19, 2024, Case #: 2024-Ohio-1502, Categories: Ineffective Assistance, plea, child Pornography
J. Branch finds that the district court properly convicted defendant of producing child pornography. The district court did not commit any error in accepting defendant's guilty plea on a count of production of child pornography involving a victim who was not related to him without first finding that the victim volitionally participated in the sexual act. The statute did not require that the minor victim actively participate in the sexually explicit conduct. The sleeping victim was used as the object of defendant's sexual desire as he engaged in the sexually explicit conduct. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: March 19, 2024, Case #: 22-12338, Categories: plea, child Pornography
J. Livingston finds that the district court properly declined to suppress evidence in defendant's trial for producing child pornography. Digital data seized under a valid search warrant in connection with a prior prosecution against defendant for possessing child pornography led to the discovery of a cell phone video in which defendant was seen rubbing his penis on his young daughter's buttocks and ejaculating, which fell outside the prior agreement that no future prosecution would occur on possession charges. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: February 27, 2024, Case #: 22-1086, Categories: Search, plea, child Pornography
J. Jones finds the district court properly dismissed defendant’s claims of ineffective assistance on charges of child pornography distribution, claiming that his counsel provided him “patently erroneous advice” regarding his Louisiana plea agreement which stipulated that he would not be tried for other offenses. His attorney did not know about a second indictment for child abuse in Texas. The district court’s application of the procedural bar to the breach-of-plea agreement claim was improper and the Fifth Circuit remands this to determine whether defendant can overcome this bar, and, if so, whether the plea agreement was breached. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Jones, Filed On: August 17, 2023, Case #: 18-30694, Categories: plea, Due Process, child Pornography
J. Duffy finds a lower court did not err in dismissing several motions brought by defendant after he was permitted to withdraw a years-old plea relating to possession and manufacture of child pornography. After being allowed to withdraw that plea, defendant moved to dismiss charges against him on the grounds that they violated his right to a speedy trial, but such constitutional protections do not apply once a defendant has already pleaded or been found guilty. Affirmed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: June 13, 2023, Case #: A-1-CA-40005, Categories: plea, Speedy Trial, child Pornography
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J. Jolly finds the trial court properly denied defendant’s challenge of the validity of his guilty plea to child pornography crimes due to ineffective assistance of counsel. An FBI investigation into a particular website led to the discovery of an account bearing defendant’s IP address. A warranted search of defendant’s residence resulted in the seizure of digital storage equipment containing thousands of sexually graphic images of children. Defendant admitted to producing videos for online trade. The record shows that counsel investigated IP evidence, hiring an expert to evaluate defendant’s claims of improper tactics used in the government’s obtaining of the IP address. Defendant has failed to show prejudice or ineffective assistance. Affirmed.
Court: 5th Circuit, Judge: Jolly, Filed On: May 18, 2023, Case #: 21-10233, Categories: Ineffective Assistance, plea, 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