Category Archives: Charging Document

Massachusets v. Rollins, 2014 WL 5470477 (Mass.)) October 30, 2014

Facts: Appellant brought his computer in to a repair shop, where the technician observed more than 1200 images of apparent child pornography, saved them to a thumbdrive, and contacted police.   An officer arrived, confiscated the computer, and called appellant to … Continue reading

Posted in Charging Document, Child Erotica v. Pornography, Defenses, First Amendment, Rules of Evidence | 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

Posted in Charging Document, Defenses, Fifth Amendment | Leave a comment

United States v. Specialist Curtis Lacefield, 2014 WL 642950 (Army Ct.Crim.App.), February 2014

Facts:  Appellant was performing a duty with another Soldier.  Appellant allowed the other Soldier to use his external hard drive to find a movie to watch.  Appellant left the area for a while.  During his absence, the other Soldier found … Continue reading

Posted in Charging Document, Defenses, Rules of Evidence, Sentencing, Technology, UCMJ | Leave a comment

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

State v. Grube, 2013 Ga. LEXIS 487; 2013 Fulton County D. Rep. 1693; 2013 WL 2371789 (GA Supreme Court)

In October 2009, a Catoosa County Sheriff’s deputy pretending to be a 14-year-old girl named Tiffany posted a listing on an internet website indicating she was looking for something fun to do over an upcoming holiday weekend. Appellant, then a … Continue reading

Posted in Charging Document, Defenses | Tagged , | Leave a comment