DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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181139P.pdf 01/28/2019 United States v. Chavez Spotted Horse
U.S. Court of Appeals Case No: 18-1139
U.S. District Court for the District of South Dakota - Aberdeen
[PUBLISHED] [Erickson, Author, with Loken, Circuit Judge, and Magnuson,
District Judge]
Criminal case - Criminal law. The district court did not abuse its
discretion by permitting the government's expert to inform the jury that
she reviewed the transcript of defendant's interview with law enforcement;
single mention by the prosecution that defendant had hired an expert did
not affect his substantial rights or affect the integrity or fairness of
the trial; government expert's testimony regarding the age of the child
depicted in a pornographic image was not outside the scope of the
government's Rule 16 notice as the notice included expert testimony
regarding the expert's knowledge of law enforcement utilization of the
National Center of Missing and Exploited Children information about known
child pornography series; a juror's emotional reaction to seeing images of
child pornography does not render the juror unable to be fair and
impartial, and the record is devoid of any evidence that the juror
impacted by the images was unable to be fair or impartial.