Monthly Archives: January 2014

New Addition to Our Blog

Out little niche site is taking off, and I’m receiving multiple requests to add additional components.  You got it.  As part of the case law analysis, I often include Practitioner Notes which are designed to offer tips and considerations for … Continue reading

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United States v. Private Gary D. Warner, 73 M.J. 1, Court of Appeals for the Armed Forces, December, 2013

Private Warner was charged with possession of child pornography, obstruction of justice, and possession of (essentially) child erotica.  This last Charge (Specification, in military speak) is the subject of the appeal.  For non-military prosecutors, a quick overview of the charging … Continue reading

Posted in Charging Document, Child Erotica v. Pornography, Defenses, UCMJ | Leave a comment

Miller v. Texas, 2013 WL 6564725 (Tex.App.-Fort Worth), December 2013

This is an unpublished opinion and does not serve as precedent, however the issues presented are important for future cases. This case serves as a good reminder that even with an admission/confession, we must independently corroborate.  Appellant was convicted by … Continue reading

Posted in Defenses, Deleted Files, Fourth Amendment, Rules of Evidence, Technology | Leave a comment

Tennessee v. Aguilar, 2013 WL 6672946 (Tenn.Crim.App.)), December 2013

Aguilar is a Soldier stationed at Ft. Campbell, Kentucky; but this case was not handled by the military, rather the State took the case since the crime occurred off-post, in Clarksville Tennessee.   It is a typical peer-to-peer case, and the … Continue reading

Posted in Defenses, Fourth Amendment, Probable Cause, Search Warrant, Suppression | Leave a comment

United States v. Loughry, 2013 WL 6668015 (C.A.7 (Ind.)), December 2013

I like this case because of the novelty of the issue raised.  That is to say, at what point does properly admitted evidence become unfairly prejudicial if it goes back with the jury during deliberations? Appellant was previously convicted on … Continue reading

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Pennsylvania v. Levy, 2013 WL 6843076 (Pa.Super.), December 2013

Appellant was charged with two counts of Sexual Abuse of Children, and one count of Obscene and Other Sexual Materials (the other counts were withdrawn at trial), in connection with certain communications he had with a fifteen- year-old girl over … Continue reading

Posted in Defenses, Physical Presence, Technology | Leave a comment