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· 2/6/2008

United States v. Shrake

Citations

  • 515 F.3d 743
  • 2008 U.S. App. LEXIS 2552
  • 2008 WL 313190

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 Act is constitutional, because it restricts who may control the images but not what the defendant may introduce at trial
  • “The Supreme Court has held . . . that defendants are not constitutionally entitled to discovery It is accordingly hard to see how limits on discovery could be unconstitutional . . . (Citations omitted)
  • Government violated 18 U.S.C. § 3501(m) when they provided a copy of child pornography to a civilian expert because while the government had contractual “control” over the images they no longer had “custody”
  • the Walsh Act does not violate a defendant’s Fifth and Sixth Amendment rights
  • defendants not constitutionally entitled to discovery; federal statute limiting pretrial discovery constitutional
  • “The Supreme Court has held . . . that defendants are not constitutionally entitled to discovery. It is accordingly hard to see how limits on discovery could be unconstitutional . . . .” (Citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Flaum, Evans

Read full opinion on CourtListener

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.