Legal Opinion
United States v. Flynn
District Court, D. South Dakota
Decided April 28, 2010No. CR 10-40012Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER RE: PROPOSED JURY INSTRUCTION ON S.D.C.L. § 22-24A-19
LAWRENCE L. PIERSOL, District Judge.
Defendant Leo Thomas Flynn filed a motion requesting this Court to address the issue of a proposed jury instruction based on S.D.C.L. § 22-24A-19. Under Federal Rule Of Criminal Procedure 12(B)(2) a “party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial of the general issue.”
Defendant has been indicted on one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) and 2252(b)(2), and two…
2Cases cited17 opinions
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- New York v. FerberSupreme Court of the United States · 1982
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
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