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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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A few 10th Cir. cases, with two defense victories!!! and some S. Ct. news. First, the 10th:U.S. v. Dobbs, 2011 WL 14459 (1/5/11) (Okl.) (Published) - An incredible child porn evidence-insufficiency defense victory. The case ended up with only 2 images as the subject of the prosecution for knowingly receiving child porn. The government showed the defendant had on numerous occasions deliberately searched for child porn with particular search terms. But it had not shown such a thing right before the particular images were captured in the computer's cache. Nor had the government shown the defendant visited a child porn website immediately preceding the caching of the 2 images. A user does not have to see an image that ends up in the cache...continue to full post

Full post as published by Tenth Circuit Blog on January 12, 2011 (boomark / email).

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