Evidence — motion to compel, child pornography

Posted December 8, 2021 10:36 AM

Where government undermined defendant’s theory that government software generated a false positive when it logged a download of child pornography from defendant’s computer, district court did not err in denying motion to compel government’s file-sharing application source code.The 7th U.S. Circuit Court of Appeals affirmed a decision by Judge William C. Griesbach, Eastern District of Wisconsin.BitTorrent is a peer-to-peer file sharing network that is used to distribute large amounts of data over the internet, such as …

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Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
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Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
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