ILNews

7th Circuit cautions bare-bones recitation of Rule 403 insufficient

Back to TopCommentsE-mailPrintBookmark and Share

A District Court’s failure to review evidence and provide a considered analysis for admitting that evidence drew an admonishment – but no reversal - from the 7th Circuit Court of Appeals.

The 7th Circuit affirmed Christopher Eads’s conviction and 40-year sentence for distributing child pornography, possessing child pornography and tampering with a witness in United States of America v. Christopher Eads, 12-2466.

Prior to his trial, Eads, representing himself, agreed to stipulate that the images and videos found in his possession depicted unlawful child pornography.

When the government prepared to show those images to the jury, however, Eads objected. He argued that the government had no need to present the photos and short video because of the stipulation. Eads stated that showing the images would be unreasonably prejudicial, citing Federal Rule of Evidence 403.

The U.S. District Court for the Southern District of Indiana, Indianapolis Division, overruled.

On appeal, Eads asserted the district court erred because it did not examine the pictures and videos itself before admitting them into evidence. He also argued that the District Court should have given a more robust explanation of how it balanced the factors under Rule 403 in deciding to admit the images.

The 7th Circuit noted there is some uncertainty as to whether the lower court did review the actual photos and videos. Still, it reiterated its past advice that the “safest course,” especially given the highly inflammatory nature of this type of evidence, is for the District Court to review the contested evidence itself to determine if the potential prejudicial impact is too great.

In regards to Rule 403, the 7th Circuit agreed with Eads.

The district court responded to Eads objections during trial, saying the photos were relevant to the government proving its case beyond a reasonable doubt. This caused the 7th Circuit to caution the lower court against a “pro-forma recitation of the Rule 403.” Instead, the District Court should have carefully analyzed the prejudicial effect of the evidence and offered a detailed explanation of how it balanced the factors under Rule 403.

Still, the 7th Circuit found the admission of the images was a harmless error. The evidence against Eads was overwhelming and showing the pictures to the jury did not change the outcome of the trial.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT