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9th Circuit upholds child porn conviction, disputes ?marital communications privilege?

By Alliance Alert

On Wednesday, the 9th Circuit upheld Jerry Levis Banks' conviction for "the possession, production, transportation, and receipt of images depicting minors engaged in sexually explicit conduct." At issue on appeal was (1) the district court's denial of Banks' motion to suppress evidence seized pursuant to a warrant issued based on testimony from "a Canadian pedophile" with whom Banks had traded pornography; (2) the admission of evidence from Banks' wife; and (3) the denial of Banks' motion to suppress the court's applications of the definitions of "masturbation" and "lascivious."

Full post as published by Constitutionally Correct on February 27, 2009 (boomark / email).