SENTENCING: Retroactive application of SORNA juvenile registration/reporting requirement via AG rule violates ex post facto (first impression in Circuits)… registration requirement vacated… Haddon reversed. [Read more…]
Plea withdrawal, SORNA v. Commerce Clause
PLEA WITHDRAWAL: District court decision from another circuit finding SORNA violative of Commerce Clause not “fair & just” reason to allow sex registration Defendant to withdraw guilty plea… Cebull affirmed. [Read more…]
Sexual exploitation/child pornography
SEXUAL EXPLOITATION/CHILD PORNOGRAPHY: Images of stepdaughter depict lascivious exhibition of genitals or pubic area and thus are “sexually explicit conduct”… §§ 2251(a) & (b) separate offenses, convictions of both based on same episode of nude photos of stepdaughter not double jeopardy… creating photos separate conduct [Read more…]
Manslaughter, involuntary, self-defense
MANSLAUGHTER: Jury properly instructed on involuntary manslaughter as lesser-included of voluntary where Defendant claimed self-defense in stabbing death… 32 months prison not inappropriate… Haddon affirmed. [Read more…]
Sentencing, school employee theft, abuse of trust
SENTENCING: Abuse of trust excessive factor in 15 months for theft from school district, contrary to directions on remand from 16-months sentence… remanded for resentencing by different judge… Haddon [Read more…]
Child pornography, “directed” download, admission
CHILD PORNOGRAPHY: Interrogation answers properly found voluntary, not result of Tylenol III or coercion… sufficient evidence of receipt/possession of child porn downloaded by retarded man at Defendant’s direction… Lovell affirmed. [Read more…]