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Home / Opinion Digests / Criminal Law / EDVA: Child porn prosecution too reliant on propensity (access required)

EDVA: Child porn prosecution too reliant on propensity (access required)

The government effectively relied entirely on propensity evidence to support charges of receipt and distribution of child pornography, without reasonably connecting such evidence to actual photos and videos found on the defendant’s computer. A judgment of acquittal, or alternatively a new trial, was merited. Background Defendant Jerry Dillingham was tried by jury and convicted for distribution and ...