No. 20-5560

Briand Daniel Fechner v. United States

Lower Court: Eighth Circuit
Docketed: 2020-09-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: child-pornography criminal-procedure due-process eighth-circuit evidence evidentiary-rules propensity-evidence prosecutorial-misconduct search-and-seizure sixth-circuit
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether the prosecution may introduce child pornography videos at trial that were not found on the defendant's devices, but found in an outside investigation?

Question Presented (from Petition)

QUESTIONS PRESENTED (1) Whether the prosecution may introduce child pornography videos at trial that were not found on the defendant’s devices, but found in an outside investigation? (2) Whether child erotica, found in the deleted space of a device, is relevant to knowledge of the child pornography found in the same deleted space of the device, as the Eighth Circuit Court of Appeals held, or if it is improper propensity evidence, as the Sixth Circuit has held?

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-15
Waiver of right of respondent United States of America to respond filed.
2020-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2020)

Attorneys

Briand Fechner
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
Heather Rae QuickFederal Public Defender Office for the Northern and Southern Districts of Iowa, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent