People of the Territory of Guam v. Shymanovitz
United States Court of Appeals for the Ninth Circuit
157 F.3d 1154 (1998)
- Written by Sean Carroll, JD
Facts
John Shymanovitz (defendant) was charged with various counts of sexual activity with a minor. The prosecution (plaintiff) sought to introduce into evidence sexually explicit gay adult magazines that were discovered at Shymanovitz’s home. The prosecution argued that the magazines and their contents were evidence of Shymanovitz’s intent to commit the sexual abuse of minors. Over Shymanovitz’s objection, the district court permitted a witness to testify as to the magazines’ contents. The witness, Winnie Blas, was the police officer who had found the magazines at the home. Blas testified at length as to the graphic nature of the magazines’ contents. The district court also permitted text of two magazine articles to be introduced into evidence. The articles were presumably fictional, but each was about a man’s sexual activity with a minor. Shymanovitz was convicted, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Reinhardt, J.)
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