DOJ-OGR-00018344.jpg
639 KB
Extraction Summary
4
People
5
Organizations
2
Locations
3
Events
3
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
639 KB
Summary
This document is a page from a legal filing (Case 1:20-cr-00330-PAE) dated August 10, 2022, presenting an argument for the admissibility of photographs taken long after the events in question. It cites legal precedents, including United States v. Causey (2014) and United States v. Smith (2020), to support the claim that such photos are relevant if they depict enduring scenes like buildings. The document also notes the defense's counter-argument regarding relevance and prejudice.
People (4)
| Name | Role | Context |
|---|---|---|
| Causey | Litigant |
Mentioned as a party in the legal case United States v. Causey, 748 F.3d 310.
|
| Smith | Litigant |
Mentioned as a party in the legal case United States v. Smith, 2020WL5663433.
|
| Walker | Litigant |
Mentioned as a party in the legal case Walker v. Conway, 2007WL9225072.
|
| Conway | Litigant |
Mentioned as a party in the legal case Walker v. Conway, 2007WL9225072.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| United States | Government agency |
Mentioned as a party in the legal cases United States v. Causey and United States v. Smith.
|
| Seventh Circuit | Government agency |
Mentioned as the court that made a decision in the Causey case in 2014.
|
| District of New Mexico | Government agency |
Mentioned as the court that made a decision in the Smith case in 2020.
|
| Western District of New York | Government agency |
Mentioned as the court that made a decision in the Walker v. Conway case in 2007.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the page, likely the court reporting service that transcribed the document.
|
Timeline (3 events)
2014
The Seventh Circuit issued a decision in the case of United States v. Causey.
Seventh Circuit
2020
The District of New Mexico issued a decision in the case of United States v. Smith.
District of New Mexico
Locations (2)
| Location | Context |
|---|---|
|
Mentioned as part of the name of the court, 'District of New Mexico'.
|
|
|
Mentioned as part of the name of the court, 'Western District of New York'.
|
Relationships (3)
Opposing parties in the court case United States v. Causey.
Opposing parties in the court case United States v. Smith.
Key Quotes (1)
"relatively enduring or fixed structures whose locations and arrangement in location to one another would not likely have changed"Source
— United States v. Smith, 2020WL5663433
(Quoted to define the conditions under which a photograph taken long after an event can still be considered relevant evidence.)
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Quote #1
Full Extracted Text
Complete text extracted from the document (1,553 characters)
Case 1:20-cr-00330-PAE Document 751 Filed 08/10/22 Page 7 of 261 1147
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even if taken months or years after the time period in question
if there is reason to believe the photo is probative of how the
scene appeared at the earlier time. See, for example, United
States v. Causey, 748 F.3d 310, which is a Seventh Circuit
decision from 2014.
Typically, this inquiry turns on whether the photo
depicts, quote, relatively enduring or fixed structures whose
locations and arrangement in location to one another would not
likely have changed, end quote, in the intervening time period.
I'm quoting here from United States v. Smith, 2020WL5663433,
which is a District of New Mexico 2020 decision.
For example, the Seventh Circuit in the Causey case
affirmed the admission of photographs of houses taken three and
six years after the conspiracy ended, stating that, despite the
significant passage of time, the photos were relevant because
they presented the jury with the layout, size, location, and
composition of the houses. 748 F.3d at 316.
Similarly, a Court in this circuit admitted crime
scene photos of the interior of a restaurant taken nine months
later where there was no argument that the photographs at issue
did not fairly and accurately depict the interior of the
restaurant. Walker v. Conway, 2007WL9225072, Western District
of New York, June 25, 2007.
The defense argues that admission of the photos is not
merely a matter of relevance and prejudice under 401 and 403,
if there is reason to believe the photo is probative of how the
scene appeared at the earlier time. See, for example, United
States v. Causey, 748 F.3d 310, which is a Seventh Circuit
decision from 2014.
Typically, this inquiry turns on whether the photo
depicts, quote, relatively enduring or fixed structures whose
locations and arrangement in location to one another would not
likely have changed, end quote, in the intervening time period.
I'm quoting here from United States v. Smith, 2020WL5663433,
which is a District of New Mexico 2020 decision.
For example, the Seventh Circuit in the Causey case
affirmed the admission of photographs of houses taken three and
six years after the conspiracy ended, stating that, despite the
significant passage of time, the photos were relevant because
they presented the jury with the layout, size, location, and
composition of the houses. 748 F.3d at 316.
Similarly, a Court in this circuit admitted crime
scene photos of the interior of a restaurant taken nine months
later where there was no argument that the photographs at issue
did not fairly and accurately depict the interior of the
restaurant. Walker v. Conway, 2007WL9225072, Western District
of New York, June 25, 2007.
The defense argues that admission of the photos is not
merely a matter of relevance and prejudice under 401 and 403,
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00018344
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