Shoemaker v. Taylor, No. 11-56476 (9th Cir. 2013)Annotate this Case
Petitioner, convicted of eight misdemeanor counts of possession of child pornography and one misdemeanor count of duplicating child pornography, appealed the denial of his federal habeas petition under 28 U.S.C. 2254. The court concluded that, although the prosecutor erred by arguing that the jury could consider the context in which the images at issue were displayed in determining whether the images were child pornography, the error was harmless. The court rejected defendant's remaining arguments and affirmed the judgment.
The court issued a Revised version of this opinion on September 13, 2013.