Anthony Edwin Marsh v. the People of the State of Colorado

Summary

The court held that knowingly seeking out and viewing child pornography online constitutes knowing possession or control under Colorado’s child-exploitation statute, and that internet-cache images may be considered evidence of that possession. Viewing the evidence as a whole, the court concluded that sufficient evidence supported Marsh’s conviction for possessing more than twenty images. The court also held that any error in admitting the forensic interviewers’ testimony as lay opinion was harmless. Justice Gabriel, joined by Justice Márquez, would have found insufficient evidence as to more than twenty images, while Justices Coats and Eid concurred in part on narrower grounds.