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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT