Category Archives: Rules of Evidence

United States v. Hoffman, 2014 WL 6997856 (N.M.Ct.Crim.App.) 11 December, 2014

Facts: AL, a thirteen year old boy reported that while he was walking home alone a Male in an SUV approached him making gestures consistent with fellatio.  After doing this several times, the male asked if AL wanted a ride.  … Continue reading

Posted in Probable Cause, Rules of Evidence, Search Warrant, Suppression, UCMJ | Leave a comment

United States v. Borostowski, 2014 WL 7399074 (C.A.7 (Ill.)), December 31,2014

Facts: An FBI Agent assumed (with consent) the identity of an informant, and used that identity to chat with appellant.  Appellant offered to provide child sexual abuse images in exchange for a web cam session with a child.  Images were … Continue reading

Posted in Defenses, Fifth Amendment, Rules of Evidence, Search Warrant, Suppression | Leave a comment

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

Arizona v. Bassett, 2014 WL 860802 (Ariz.App. Div. 1), March 2014

Appellant was charged with sexual exploitation of a minor, luring a minor for sexual purposes, and aggravated luring for sexual exploitation purposes. Appellant raised multiple issues on appeal, but only one, in my opinion, warrants any discussion here.  Attack on … Continue reading

Posted in Defenses, Expert Testimony, Rules of Evidence, Suppression | Leave a comment

United States v. Vallejos, 742 F.3d 902 (9th Cir.), February 2014

Facts: Very similar to the facts as Baldwin (above).  Defendant also confessed in both audio and video recordings to the police.   This appeal is based on 2 level sentence enhancement for “simple distribution,” as well as an attack on the … Continue reading

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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

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Ohio v. Marquand, 2014 WL 811793 (Ohio App. 8 Dist.), February 2014

Facts:  Marquand posted a craigslist add looking for “younger girls for fun.”  An ICAC investigator responded to the add with an email, asking what age and what is your age limit?  Appellant replied that he “had no limit.”  The ICAC … Continue reading

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