U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

Sexual Convictions Involving Minors Affirmed

In US v. Batton, No. 09-8079, the Tenth Circuit affirmed defendant's conviction under the Interstate Transportation of a Minor for Unlawful Sexual Relations Act, holding that 1) the evidence of defendant's prior sexual assault against a fourteen-year-old boy was strikingly similar to the charged offense and helped the jury determine the validity of the victim's accusations; 2) the jury instructions as a whole were not misleading; and 3) the expert testimony explained the characteristics and techniques of sex offenders in a way helpful to the jury.

In US v. Burkhart, No. 09-7091, the court of appeals affirmed defendant's conviction for possession of one or more matters containing a visual depiction of a minor engaging in sexually explicit conduct, holding that 1) even "on demand" Internet availability did not remove the incentive to hoard pornography that had been collected; 2) the magistrate judge reasonably concluded that a fair probability existed that defendant lived at the address at issue, and that the child pornography videos would be found in his home; and 3) because probable cause existed to search the address, the warrant was valid.

Related Resources