United States First Circuit

Defendant's conviction on multiple counts of child pornography is reversed on certain counts and remanded for resentencing where: 1) the Yahoo! CP Reports and the National Center for Missing and Exploited Children reports were testimonial, and should not have been admitted without giving defendant the opportunity to cross-examine the employees who prepared the reports, in violation defendant's rights under the Confrontation Clause; and 2) the admission of these evidence were not harmless beyond a reasonable doubt.

Appellate Information

• Decided 11/14/2012
• Published 11/14/2012

Judges

• Torruella

Court

• United States First Circuit

Counsel