Monday, August 22, 2011

Seventh Circuit -- USA v. Randall Knope

USA v. Randall Knope

    Rated-R opinon in which conviction for child pr0n and enticement of a minor is upheld.

   Asking deft in back of police car where he lives is insufficient to trigger Miranda  protection for subsequent volunteered statements. 

   No error in trial court finding that consent to search of residence was voluntary. 

   Where deft correctly gives address, but police officer incorrectly records it on the consent form, the consent is still valid. 

    Trial court's under-explanation of admission of prior bad acts was harmless error.

    No error in court not giving free speech instruction saying that adult pr0n was protected, as it might prompt presumption that the pr0n was adult pr0n. 

   No error in denial of substantial step instruction where enticement instruction covered the same ground. 

   No error in denial of good faith instruction, as the ground was covered by the 'knowingly' instruction.

   No error in denial of entrapment defense instruction where deft doesn't prove inducement.

    No error in denial of theory of defense instruction holding that deft thought no actual minors were involved in the pr0n, as (1) the subject was covered in the general instruction of the offense and (2) no suggestion that images were not actual minors.

    No error in denial of theory of defense instruction that deft was leaving the Walgreen's parking lot, not pulling in, as it might have misled jury into thinking that going to the parking lot was not a substantial step. 

Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.