United States Third Circuit
US v. Cunningham, 10-4021
Defendant's conviction for the receipt and distribution of child pornography is vacated and remanded for a new trial where the district court abused its discretion by: 1) failing to review the two videos, containing seven different video clips as a sample of the child pornography that gave rise to the charges, prior to admitting them; and 2) allowing the videos to be shown to the jury, because their highly inflammatory nature clearly and substantially outweighed their probative value pertaining to the crimes charged.
Appellate Information
- Decided 09/18/2012
- Published 09/18/2012
Judges
- Jordan
Court
- United States Third Circuit