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Possess Child Pornography Evidence of Other Crimes, Wrongs or Acts Conviction Reversed

Posted by John Rutkowski | Jul 20, 2017 | 0 Comments

The Defendant was charged with possession of child pornography. During the trial court abused its discretion in admitting into evidence of uncharged images of child pornography found on computer seized during search. Improperly finding the images to be inextricably intertwined evidence.

The uncharged images, which do not assist in “describing the deeds” charged, provide an intelligent account of the charged crimes or establish the entire context out of which the crimes arose, or describe events leading up to the charged crimes, do not satisfy reasons for admitting inextricably intertwined evidence.

The error was not harmless remand for new trial.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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