· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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