South Dakota Supreme Court· 5/24/2017

State v. Linson

Citations

2017 SD 31
896 N.W.2d 656
2017 S.D. LEXIS 62
2017 WL 2292160

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

finding a defendant had constructive possession of child pornography images under similar circumstances
agreeing “with those courts holding that the mere presence of child pornography in a computer’s cache is not sufficient to establish that a defendant knowingly possessed it; the cached images are not themselves the contraband. Instead, cached images or files are evidence of possession.”
“This Court has not previously considered whether cached images are themselves the contraband that a defendant possesses or whether they are merely evidence of possession of child pornography.”
Linson affirmatively acted to place the images on the computer

Source: CourtListener parenthetical corpus (CC0).

Judges: Severson, Gilbertson, Zinter, Wilbur, Kern

Read full opinion on CourtListener

Cited by

6 cases in this archive cite this case.

Cites

30 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.