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· 8/5/2008

United States v. Two Elk

Citations

  • 536 F.3d 890
  • 2008 U.S. App. LEXIS 16539
  • 2008 WL 2967059

How courts have described this case

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

  • holding that aggravated sexual abuse under 18 U.S.C. § 2241(c) is a separate-act offense
  • holding that aggravated sexual abuse was a separate-act offense for purposes of double jeopardy analysis and therefore various sex acts in violation of statute within a single course of conduct were separate offenses for double jeopardy purposes
  • holding that aggravated sexual abuse was a separate-act offense for purposes of double jeopardy analysis and therefore various sex acts in violation of statute within a single course of conduct were separate offenses for double jeopardy purposes
  • finding that photographs were properly authenticated where witnesses with knowledge testified that they were accurate depictions
  • Rule 901(b)(1) is satisfied if the witness authenticating the records is qualified to make such an authentication, demonstrating that the records are reliable
  • jury instruction that “arguments” by lawyers are not evidence helped cure any prejudice of prosecutor’s use of Humpty-Dumpty nursery rhyme line that you couldn’t put the child victim of sexual assault back together again

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Ebel, Colloton

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.