083763P.pdf   07/31/2009  United States  v.  Kerwin Summage
   U.S. Court of Appeals Case No:  08-3763
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Gruender, Author, with Loken, Chief Judge, and John
   R. Gibson, Circuit Judge]
   Criminal case - criminal law. For the court's prior opinion in the
   matter, see United States v. Summage, 481 F.1075 (8th Cir. 2007), cert.
   denied, 128 S. Ct. 875 (2008). Search warrant did not violate the First
   Amendment by allowing police to seize materials protected by the First
   Amendment because there was probable cause to believe those materials
   also contained evidence of a crime; in absence of any allegation or
   evidence of prejudice, fact that assistant prosecutor who presented the
   warrant application worked at a firm which had represented defendant in
   unrelated matters did not constitute a violation of defendant's due process
   rights; Franks claim rejected; Speedy Trial Act and Sixth Amendment
   speedy trial claims rejected; district court did not abuse its discretion
   by denying defendant's request for hybrid representation; denial of
   continuance was not an abuse of the court's discretion; evidence of prior
   incident of child molestation was admissible as it was similar to the
   incidents charged in this prosecution and was highly probative; various
   evidentiary challenges rejected.