Under the Federal Rules of Evidence, the Government generally cannot use evidence of a defendant's prior bad acts to prove that a defendant committed the crime charged. Under Rule 404(b) of the Federal Rules of Evidence states that evidence of crimes, wrongs or other acts are not admissible to prove a person's character to show that they acted in accordance with that character on a particular occasion. Similarly, Rule 403 prohibits introducing evidence when its evidentiary weight would be substantially outweighed by the danger of unfair prejudice, confusion, undue delay, wasting time, or needlessly presenting cumulative evidence.
In an opinion written by Justice Canady rendered last week, the Florida Supreme Court held that making a file accessible to others in a file-sharing program constitutes "transmission" under Florida's child pornography laws. The crime in question is codified in Section 847.0137, which makes it a third degree felony for any person "who knew or reasonably should have known that he or she was transmitting child pornography" to another person.
The First District Court of Appeal has issued an opinion in a case in which we represent the Appellant. It states:
On September 12, 2013, the First District Court of Appeals reversed Mr. Niles' conviction for lewd and lascivious molestation on the grounds that he was denied his right to speedy trial. This appeal was litigated and argued by Mr. Sheppard with Ms. White as his co-counsel.