Monday, December 10, 2012

Eighth Circuit -- United States v. Ted Grauer

When an expert witness testifies that a crime scenario is rare or nonexistent, trial court correctly held that cross can inquire into three specific instances, but four is more prejudicial than probative.

 Reference in closing to specific examples earlier was properly allowed, as the other side opened the door by casting doubt on possibility.

Sufficient evidence for knowing possession, as images were recoded on deft's computer.

For misrepresentation sentencing bump, specific misrepresentation of age is less important that overall deception.

United States  v.  Ted Grauer
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.