News/Blog
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Child Pornography Legal To View Online In New York – Court Rules That Looking At Porn Doesn’t Mean Possession
In The People v. James D. Kent, 2012 NY Slip Op 3572, the Court of Appeals of New York reversed Defendant Kent’s conviction for possession of child pornography as to counts relating…
May 17, 2012 -
Third Circuit Rules that Federal Sentencing Enhancement for Possessing a Firearm While Committing A Felony Applies – Even When the Felony is the Burglary of the Same Firearm
In United States v. Keller, 666 F.3d 103 (3d Cir. 2011), the prosecution appealed a decision of the United States District Court for the Western District of Pennsylvania, which found that a…
April 27, 2012 -
Employee Who Used Work Computers to Steal Trade Secrets Secures Dismissal of Charges
In United States v. Nosal, No. 10-10038, 2012 U.S. App. LEXIS 7151, the United States Court of Appeals for the Ninth Circuit held that theft of trade secrets by an employee using…
April 26, 2012 -
5th Circuit Holds that a Defendant’s Confession to Harboring Illegal Aliens Can Be Suppressed Where ICE Agents Violated the Fourth Amendment
In United States v. Hernandez, 670 F.3d 616 (Ct. App. 5th 2012), The United States Court of Appeals for the Fifth Circuit found error in the denial of a Defendant’s motion to…
April 18, 2012 -
Supreme Court Approves Strip Searches, Even For Minor Offenses
The Supreme Court of the United States recently held, in a 5-4 decision, that officials may strip-search people arrested for any offense, no matter how minor, before admitting them to jails –…
April 17, 2012 -
Third Circuit Court of Appeals Rules That Second Amendment Protections Are Limited for Gun Owners Who Live With Convicted Felons
In United States v. Huet, No. 10-4729 (3d Cir. Jan 5, 2012), Police executed a valid search warrant of a home shared by Melissa Huet and Marvin Hall — Hall happened to…
April 16, 2012 -
Arkansas Supreme Court OK’s Sex Between Teachers and 18-Year Old Students
The Supreme Court of Arkansas recently held that the State could not criminalize sex between consenting adults, even if one is a teacher and the other an 18-year old student. Paschal v.…
April 13, 2012 -
3rd Circuit Upholds 30-year Sentence in Child Pornography Case
In U.S. v. Hardy, the Court of Appeals for the Third Circuit upheld the thirty year prison sentence handed down by the United States District Court for the Western District of Pennsylvania…
March 23, 2012 -
Supreme Court Reiterates the Duty of the Prosecution to Disclose All Potentially Exculpatory Evidence
The Supreme Court of the United States decided the landmark case of Brady v. Maryland in 1963. 373 U.S. 83. While the Brady doctrine stemming from this case is nuanced and has…
March 21, 2012 -
Defendant in Child Pornography Case Ordered to Pay Restitution to Child Depicted in One of His Images
Ricky Lee Daniel was convicted in the United States District Court for the Northern District of Georgia of possession of child pornography in violation of 18 U.S.C.S. §§ 2252A(a)(5)(B) and 2256(8)(A). United…
March 20, 2012