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STATE v. MERCER

No. 2008AP1763-CR.

782 N.W.2d 125 (2010)

2010 WI App 47

STATE of Wisconsin, Plaintiff-Respondent, v. Benjamin W. MERCER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 31, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of and oral argument by Steven P. Sager of Sager, Colwin, Samuelsen & Associates, S.C. of Fond du Lac.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Christopher G. Wren, assistant attorney general, and J.B. Van Hollen, attorney general. There was oral argument by Christopher G. Wren.

Before BROWN, C.J., NEUBAUER, P.J., and SNYDER, J.

¶ 1 BROWN, C.J.

The issue in this case is whether individuals who purposely view digital images of child pornography on the Internet, even though the images are not found in the person's computer hard drive, nonetheless knowingly possess those images in violation of WIS. STAT. § 948.12(1m) (2007-08).1 In the last decade, courts across the country have repeatedly decided that data recovered from a defendant's computer...

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