DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082579P.pdf 05/14/2009 United States v. Devin Wilson
U.S. Court of Appeals Case No: 08-2579
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Judge Shepherd, Author, with Loken, Chief Judge, and
Wollman, Circuit Judge]
Criminal case - criminal law. Items were properly seized under the
plain view doctrine as the officers had information that the video camera
and cell phone had been used to produce child pornography and the
incriminating nature of the items was immediately apparent; district court
did not abuse its discretion in denying chain-of-custody objection to
admission of the cell phone; challenges to jury instructions rejected; the
First Amendment does not require a reasonable-mistake-of-age defense to
charges of producing child pornography in violation of 18 U.S.C. Sec.
2251(a);in light of the fact that the district court questioned the jury
panel about their ability to remain impartial after one member of panel
related the story of her own daughter's kidnaping and forced prostitution,
and removed the juror and four jurors who reacted emotionally, it did not
abuse its discretion in refusing to also declare a mistrial; guilty verdict
rendered any possible error in the grand jury indictment process harmless;
evidence was sufficient to support convictions for transporting a minor
across state lines, producing child pornography, and being a felon in
possession of a firearm.