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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 years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.

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John P. Rutkowski, criminal defense attorney, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving Under the Influence and Traffic law. Contact us today to schedule an initial consultation.

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