Minnesota Lawyer//July 27, 2026//
Child Pornography
Defendant appealed convictions for transporting and possessing child pornography recovered during a traffic-stop vehicle search. He argued the district court should have evaluated his competency, suppressed the evidence, and imposed a more reasonable sentence. The appellate court held his conduct showed he understood the proceedings, leaving no reasonable basis to doubt competency. Police lawfully stopped his vehicle based on reports he had threatened another person during an altercation. The bottom-of-the-Guidelines sentence was upheld, and the judgment affirmed. Finding no abuse of discretion, the conviction and sentence were affirmed in full.
U.S. v. Denby, 8th Circuit
Firearm Offenses
Defendant appealed his firearms convictions and sentence, arguing that the indictment violated the Second Amendment, the district court improperly excluded a witness’s affidavit, and the evidence was insufficient to support his convictions. The appellate court held that defendant’s prior guilty plea to eluding placed him within the category of persons prohibited from possessing firearms and that sufficient evidence supported the convictions. However, the district court erred by failing to revisit defendant’s motion to dismiss after trial after initially holding it in abeyance. The judgment was reversed and remanded.
U.S. v. Wako, 8th Circuit
Lay Opinion
Defendant appealed convictions for theft and appropriating lost property, arguing that the district court improperly admitted lay opinion testimony from an airport surveillance specialist. The Court of Appeals held the testimony was admissible under Minn. R. Evid. 701 because it was based on the witness’s experience reviewing surveillance footage, assisted the jury, and did not constitute expert testimony or invade the jury’s role. The court also held that the district court plainly erred by adjudicating convictions for both offenses arising from the same behavioral incident. Affirmed in part, reversed in part, and remanded.
State v. Tatum, Court of Appeals
See all of the week’s Opinion Digests for the Minnesota Supreme Court, Court of Appeals and the 8th Circuit here.