National District Attorneys Association


Update ExpressUpdate Express articles for 2010 are prepared under Grant #2008-CI-FX-K004 from the Bureau of Justice Assistance, DOJ Office of Justice Programs. This information is offered for educational purposes only and is not legal advice. Points of view in the publication are those of the authors and do not necessarily represent the official position of the U.S. Department of Justice or NDAA.

Update Express is provided by the National Center for Prosecution of Child Abuse to help child abuse professionals keep abreast of new legislation, case law, and relevant news.

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Update Archives



United States v. Kebodeaux:
The Supreme Court clarifies application of SORNA to offenders convicted prior to its passage and subject to registration. go to link

United States v. Jungers: Purchasers of sex with minors are guilty of sex trafficking children under the Trafficking Victims Protection Act go to link



The Law Passed but the Debate Continues:
Exploring Criminal Liability for Online Service Providers Publishing Sex Ads Involving Minors go to link

U.S. v. Jones: Signaling Change to Search and Seizure under the Fourth Amendment go to link

Spare the Rod, Spoil the Child… Does Not Ring True with Dane County Jury: Wisconsin v. Caminiti (2012) go to link

Abusive Head Trauma: Supreme Court Ruling
in Cavazos v. Smith go to link



The Role of Prosecutor Ethics, Liability and Deliberate Indifference
Connick v. Thompson go to link

Number 1: U.S. Supreme Court Rules Age is a Consideration in Miranda Custody Analysis
J.D.B. v. North Carolina, 546 U.S. ___ (2011) go to link

Drugs, Sex and First Amendment Protection for “Morphed” Child Pornographic Photos

Number 1: Statements to a Physician
are Non-Testimonial
People v. Duhs, 2011 NY slip op. 02441 go to link

Number 1: No First Amendment Protection for “Morphed” Child Pornographic Photos go to link

Number 2: Supreme Court Opens the Door to Post-Conviction Claims Under 42 U.S.C. §1983 For State Prisoners Seeking DNA Testing
Skinner v. Switzer, No. 09-9000, 2011 WL 767703 (S. Ct. March 7, 2011) go to link

Number 3: The Supreme Court Clarifies the Primary Purpose Test
Michigan v. Bryant, 562 U.S. ___ (2011) go to link

The United States Court of Appeals for the Sixth Circuit rules a portion of the Stored Communication Act violates the Fourth Amendment go to link



Michigan Supreme Court Rules Copying Child Pornographic Images to a CD-ROM Does Not Constitute Production of Child Sexually Abusive Material go to link

New York v. Kent: Using Temporary Internet Files to Prove Possession of Child Pornography go to link

Number 1: The Dual Purposes of Forensic
Interviews in Ohio go to link

Number 2: New Legislation in Massachusetts
to Combat Cyber-Bullying go to link

Number 1: Padilla v. Kentucky, 559 U.S.____ (2010) Padilla v. Kentucky, Criminal Pleas, Immigration and Deportable Offenses. go to link

Number 2: Protecting Juveniles of Commercial Sexual Exploitation: Washington Shifts to a Child Protection Model go to link

Graham v. Florida, 130 S. Ct. 2011 (2010)
No Life Without Parole for Juveniles Who Don't Kill go to link

Berghuis v. Thompkins: Invocation and Waiver of the Miranda Right to Remail Silent go to link

Circuit Makes Liberal Ruling on Tracking Devices and the Fourth Amendment go to link

Number 1: United States vs. Comstock go to link

Number 2: Miller v. Mitchell, 598 F.3d 139 (3d Cir. 2010)
The Third Circuit Finds Sexting Prosecution Requires Probable Cause, Not Vindictiveness go to link

Ohio v. Smith, 124 Ohio St.3d 163 (2009) go to link

Ninth Circuit Rules on Constitutionality of In-School Interview of Suspected Child Sexual Abuse Victim go to link



Evidence of Past Child Abuse Admissible for Substantive Reasons in International Kidnapping Case go to link

Mississippi Supreme Court: Hearsay Exception for Statements for Medical Treatment and Diagnosis Includes Statements Made by the Parent of a Child Abuse Victim go to link

Report Reveals Number of Children Killed from Abuse and Neglect Nationwide, Calls on President and Congress to Protect Children go to link

Briscoe v. Virginia: the Confrontation Clause and Forensic Analysis go to link

Melendez-Diaz, the Confrontation Clause and Forensic Analysis go to link

United States District Court for the District of Minnesota Overturns State v. Bobadilla, Ruling That a Forensic Interview of a Three-Year-Old Is "Testimonial" go to link



Kentucky Court of Appeals Rules Expert Testimony Supporting the Existence of Shaken Baby Syndrome is Admissible Under a Daubert Analysis. go to link

Ninth Circuit Becomes the First Federal Court to Find a Reasonable Expectation of Privacy in the Content of Text Messages Stored on a Service Provider's Network. go to link

In Giles v. California, the Supreme Court of the United States Held That the State Must Prove that the Defendant Intended to Procure the Unavailability of a Witness In Order to Apply the Forfeiture by Wrongdoing Exception To the Sixth Amendment's Right to Confrontatioin Clause go to link

The Supreme Court of the United States Holds in United States v. Williams That 18 U.S.C. §2252A(a)(3)(B) Is Not Impermissibly Overbroad or Void for Vagueness. go to link

On May 29, 2008 the Supreme Court of Texas upheld a Court of Appeals order requiring the Texas Department of Family Protective Services to return more than
460 children taken into protective custody.go to link