11th Circuit holds cant be convicted of both “possession” and “receipt” of CP
The 11th Circuit Court of Appeals (which covers Florida), last week held that being convicted of both “possession” and “receipt” of child pornography violates Double Jeopardy. The court found that “possession of child pornography is a lesser-included offense of receiving child pornography, so it violated the Double Jeopardy Clause for him to be convicted of both.
The case can be read here: https://media.ca11.uscourts.gov/opinions/pub/files/201811737.pdf
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This seems like a big deal. It’s strange to me that no news outlets, including legal journals and websites, seem to have picked this up.
I’m not real savvy on the courts – does this set precedent for other federal CP cases? It always seemed weird to me that a person could essentially be charged twice for the same crime and many lawyers pointed this out in various blogs, etc. But if this ruling only has a bearing in this case, then I guess it wouldn’t mean too much. Maybe.
The answer is yes, but only in the 11th Circuit. Courts in other circuits might consider this “persuasive” but are not bound by the decision.
Veritas.
Big J
There are homeless people on the registry because they peed in the woods and someone saw their shlong.
Maybe unrelated but that reminds me of something I saw recently in person. I called 9-11 for a wreck near my house. The guy ran into a tree. When the cops showed up, the call had pulled his pants all the way down and was peeing in the road for all to see.
One of the officer yelled at the guy and said “Are you %@!&ing kidding me right now dude. Then the officers got a “Officer needs assistance call” and they started to take off. I asked why they were leaving the scene and they said FHP was going to handle it. (So he peed in public AND was drunk and caused damage but you are leaving?)
Anyway, it took FHP 3 hours to show up and I told him to leave. when he asked why, I said because in the 3 hours it took you to get here, someone picked the guy and came back with a wrecker and towed away his car. “Nothing to see here folks”.
So that guy got out of peeing in front of an officer, DUI, And other charges. Luckiest man alive. But the cops have all the time in the World to keep coming to our homes to make sure are home and live where we say we live? Un freaking real. The Hypocrisy is amazing.
How many teens take nude pictures of themselves and send the pictures to their partner? How many adults would of done the same if today’s technology existed when they were teens? How can someone violate themselves? Why not spend resources on the people who produce cp while placing the images online? I thought every time a person views an image the child gets re-victimized, so why not shut the operations down.
Stacking charges is nothing new. Courts used to be pretty good about merging them upon conviction and sentencing accordingly. But since judges have adopted the typical DA attitude of padding their resumes with tons of conviction years and the average person’s inability to get an appeal heard, stacked sentences have become pretty common as well. At least here in Georgia, most judges open their criminal court sessions with a pledge to sentence another million years before they retire. Betting that happens in a lot of other places.
Also proving the point is that the state supreme court vacates all the stacked sentences in virtually every appeal in a murder case it reviews. I’d bet it would happen a lot more for other charges, but the statute requires an automatic appeal for all capital offenses. Appeals for all other offenses require a lot more financial resources than most of those convicted for them have.
Well here is some double standards. Even though not sex charges, this drunk high ranking cop got a free pass in Seminole county Florida
https://www.msn.com/en-us/news/crime/scso-captain-found-passed-out-in-traffic-sent-home-without-sobriety-medical-screening/ar-AAMn9sa?ocid=msedgntp