X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED MAY 5, 2011

Before MANION, WOOD, and WILLIAMS, Circuit Judges,

Roger Loughry was convicted of advertising, distributing, and conspiring to advertise and distribute child pornography through an online deposi-tory called the “Cache.” Only “lascivious exhibition” pornography, which included the exhibition of girls’ genitals, was permitted on the Cache. Images depicting sexual contact or other sexually explicit material were prohibited. Over Loughry’s Federal Rule of Evidence 403 objection, the district court allowed the government to show the jury several uncharged videos depicting “hard core” pornography discovered in Loughry’s home. We conclude that the district court erred in admitting the “hard core” pornography without examining it, in not explaining its reasoning under Rule 403, and in admitting the evidence even though it was highly inflammatory and had only minimal probative value. These errors were not harmless. Therefore, we reverse.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New Jersey Legal Awards (NJLA) 2023

September 27, 2023
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More

General Counsel Conference East 2023

October 03, 2023
Brooklyn, NY

General Counsel Conference addresses trends in regulatory, data protection, tech management, legal operations, and leadership.


Learn More

New York Legal Awards (NYLA) 2023

October 05, 2023
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

Transactional Intellectual Property / Corporate Lawyer - CT or Remote


We are seeking a lawyer with extensive transactional intellectual property experience to join our corporate practice. Candidates should hav...


Apply Now ›

Health Law Associate CT


Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

General Practice Unit Attorney (Level 3) 14006


General Practice Unit Attorney (Level 3) - 14006AMENDED Position Summary: Under the direction of the Deputy Counsel of the Department o...


Apply Now ›

RIKER DANZIG SCHERER HYLAND & PERRETTI LLP

09/18/2023
New Jersey Law Journal

Riker Danzig deeply mourns the passing of our esteemed partner, dear friend and beloved colleague, Marc D'Angiolillo.


View Announcement ›

Eisenberg, Rothweiler, et.al

09/12/2023
TLI Web

Eisenberg Rothweiler


View Announcement ›

Anselmi & Carvelli, LLP

09/11/2023
New Jersey Law Journal

IN MEMORIAM OUR FRIEND, MENTOR, AND COLLEAGUE It is with profound sadness that we announce the passing of our partner, friend, mentor, and colleague Bruce I. Goldstein, on September 2, 2023. The prominent New Jersey trial attorney was 80. In a legal career spanning more than five decades, Bruce was regarded as one of the most talented and sought after litigators in New Jersey. His love for the legal profession was contagious. Bruce will be greatly missed, as will his signature greeting, How you be? and the outsized smile that accompanied it.


View Announcement ›