Third Circuit· 9/18/2012

United States v. David Cunningham

Citations

694 F.3d 372
89 Fed. R. Serv. 600
2012 WL 4075875
2012 U.S. App. LEXIS 19549

How courts have described this case

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

holding that the probative value of evidence is diminished where the facts shown in the evidence had “already been established” through other avenues
stating that “the agreed upon stipulation obviously falls far short of the evidentiary impact made by the video excerpts the government wanted to present”
noting that the admission of videos or images depicting child pornography is not per se improper but turns on “the nature and severity of the acts depicted” (internal quotation marks omitted)
noting that horrific, violent sexual acts 17 provoke feelings of “intense disgust”
noting that horrific, violent sexual acts provoke feelings of \intense disgust\
vacating defendant’s conviction where inflammatory child pornography evidence created prejudice substantially outweighing its probative value

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee, Fuentes, Jordan

Read full opinion on CourtListener

Cited by

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

Cites

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

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