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COA upholds child exploitation convictions

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The Indiana Court of Appeals found that the state presented sufficient evidence to support a Marion County man’s five convictions of child exploitation.

Anthony Browning appealed his Class C felony convictions, arguing the state didn’t provide sufficient evidence to show he knowingly disseminated child pornography. An Indianapolis Metropolitan Police Department detective conducted an Internet investigation using a file-sharing program looking for people who possess and share child pornography. Based on an IP address and Global Unique Identifier, police believed Browning was sharing these files. A search by police of his laptop showed the GUID connected to the suspicious files matched the GUID on Browning’s laptop.

Browning told police that he had downloaded pornography through the file-sharing service, but he would delete any child pornography.

In Anthony W. Browning v. State of Indiana, 49A05-1110-CR-540, the judges pointed to Browning’s statement to police to support his conviction. Even if Browning didn’t open and view the files once they were downloaded, their filenames indicated they were photos of children. Also, because he kept them in a folder to share with other users, he should have known there was a high probability others would download the pictures, Chief Judge Margret Robb wrote.

 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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