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Argument that Evidence was Improperly Admitted Rejected; Life Sentence Remanded for Resentencing

By Shari Allison

United States v. Cerno, ___F.3d___, 2008 WL 2502526 (10th Cir. 2008)Efforts to reverse the trial court?s admission of inflammatory and irrelevant information in a child sex abuse prosecution were rejected by the majority. McConnell dissented. However, the COA did grant resentencing for the defendant. Evid. R. 402, 404(b) and 403: The only evidence against Defendant was his 16-year-old niece?s accusations. The trial court originally ruled that the following evidence was inadmissible: Victim and her family returned home unexpectedly early one evening to find Defendant passed out drunk while watching an adult porn video, with his penis exposed. After Defendant testified and was cross-examined, and after the trial court continually denied the government?s request to get into the evidence, the court reversed its ruling, determining that Defendant?s testimony that drinking did not impair his judgment, and that he was in control of his senses when he drank, allowed for impeachment with the evidence...continue to full post

Full post as published by Tenth Circuit Blog on June 25, 2008 (boomark / email).