Monday, May 4, 2009

United States v. Joseph DeMarce

04/30/2009 United States v. Joseph DeMarce
U.S. Court of Appeals Case No: 08-2026(PDF)
District of North Dakota - Fargo
[PUBLISHED] [Benton, Author, with Loken, Chief Judge, and Melloy,Circuit Judge]

Criminal case - Criminal law and Sentencing. While the district court erred in finding defendant did not clearly invoke his right to silence, the error was harmless as officers scrupulously honored the right at the time it was invoked; statements defendant made nine days later, after again receiving his rights, were admissible; certain portions of testimony by victim's mother were inadmissible hearsay; however, the error did not require reversal as the testimony did not influence or had only the slightest influence on the verdict; evidence was sufficient to support conviction for attempted aggravated sexual abuse and attempted sexual abuse of a minor; jury instructions given in the case properly stated the elements of the offense, and defendant was not entitled to instruction requiring the jury to find that he attempted to engage in an anatomically specific act of attempted abuse; Adam Walsh Act did not violate defendant's equal protection rights, as the penalties associated with the Act serve Congress's purpose of deterring sex offenders and are rationally related to Congress's objective of protecting children.

Again, the foolish courts refuse to recognize these sanctions as the "punishments" that they are. Justices; live with these restrictions for the rest of your lives and tell us they are not punishment!