United States Sixth Circuit

In a prosecution for receipt and possession of sexually explicit visual depictions of minors, grant of defendant's motion to suppress evidence is affirmed where the district court was within its discretion to exclude evidence that defendant had pleaded guilty in state court to surreptitiously videotaping a 14-year old female neighbor while she showered, on the basis that the unfair prejudicial effect of the evidence significantly outweighed its probative value.

Appellate Information

• Decided 12/20/2007
• Published 12/20/2007

Judges

• Before:  KENNEDY, GIBBONS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellant.  Joseph E. Blandford, Jr., Landward House, Louisville, Kentucky, for Appellee.   ON BRIEF:  Terry M. Cushing, Jo E. Lawless, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellant.  Joseph E. Blandford, Jr., Landward House, Louisville, Kentucky, for Appellee.