Monthly Archives: May 2014

Admitting Digital Evidence at Trial Outline with Predicate Questions

This guide is up to date as of May 2014.    Admitting Digital Evidence at Trial Outline with Predicate Questions

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United States v. Jones III, 2014 WL 1688911 (C.A.1)(R.I.)), April 2014

This may be one of the most interestingly written judgments I’ve ever read. Clearly the authoring Judge has both a sense of humor, and a flair for the dramatic. Absolutely worth the read; I’ll try to do it justice here … Continue reading

Posted in Defenses, Search Warrant, Sentencing | Leave a comment

New Mexico v. Olsson & New Mexico v Ballard, 2014 WL 1569184 (N.M.)), April 2014

The New Mexico Supreme Court granted cert on two cases. Each dealing with the proper unit of prosecution in possession of child pornography cases. In each case, appellants’ were convicted of multiple counts of possession of child pornography. Each count … Continue reading

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Georgia v. Cosmo, 2014 WL 1584512 (Ga.), April 2014

Appellant was convicted of, among other things, a violation of section (d)(1) of the former version of the “Computer or Electronic Pornographic and Child Exploitation Prevention Act,” OCGA § 16–12–100.2, prior to the statute’s amendment in 2013. That conviction was … Continue reading

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United States v. Carroll, 2014 WL 1681983 (C.A.7 (Ind.)), April 2014

This is a staleness argument on a motion to suppress, arguing that the information used to support the warrant was 5 years old. Facts: Appellant was a professional photographer, and a friend of the victim’s father. He babysat for the … Continue reading

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