Sufficiency of Evidence

By: Derek Hawkins//December 30, 2019//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Shawn M. Dewitt

Case No.: 19-1295

Officials: FLAUM, SYKES, and SCUDDER, Circuit Judges.

Focus: Sufficiency of Evidence

Trials often require jurors, as laypeople considering evidence, to draw inferences based on their life experiences. The duty is most unenviable in cases requiring jurors to view images of child sexual abuse. After doing so in Shawn Dewitt’s trial, the jury found him guilty of child pornography offenses. Dewitt argues the government’s evidence was insufficient because the jury heard no expert testimony (from a medical doctor, for example) about the age of girls depicted in images sent from his cellphone. While some cases may present close calls that benefit from expert evidence, this one does not. The jury heard and saw more than enough to make a reliable finding that Dewitt possessed, produced, and distributed images of children. We affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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