Volume 2007,
Issue 5
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HERE FOR ONLINE DAILY NEWS AND CASE UPDATES
ITEMS OF SPECIAL INTEREST
Are
libraries becoming unfriendly to families?
Constitutionally Correct, 5.25.2007
Pennsylvania
Federal District Court Brings Attention to Woefully
Inadequate Number of Obscenity Prosecutions
Constitutionally Correct, 5.14.2007
Teens:
Watch what you post: Experts warn sexual material
can bring big trouble
Intelligencer J. on Lancaster Online, Linda Espenshade,
5.1.2007
Committing a felony is easier than most teens
— and their parents — might realize.
All a teen needs is his or her computer and a
cell-phone camera to commit crimes that carry
a maximum sentence of 7 years in prison and a
$15,000 fine, according to Jeff Conrad, a former
assistant district attorney who has prosecuted
people accused of sex crimes.
Washington:
State Supreme Court upholds restrictions on child-pornography
evidence
Seattle Times, 5.17.2007
Washington
v. Boyd, No. 79371-9 (Wash. May 17, 2007)
“The Washington state Supreme Court has
upheld restrictions on child-pornography evidence
in a case involving former Tacoma police officer
Lee Giles. But the court says prosecutors can't
withhold pornographic evidence from defense lawyers.
The Supreme Court says copies can be controlled
under a judge's orders to protect the victims
and allow lawyers to prepare a defense.”
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CASES
US
v. Weis, No. 06-2996 (8th
Cir. May 17, 2007)
8th Circuit Upholds Child Pornography Sentence
Findlaw
summary: “A sentence for receiving child
pornography is affirmed over claims that: 1) defendant's
prior conviction for assault with intent to commit
sexual abuse was not a proper predicate felony
for a mandatory minimum pursuant to 18 U.S.C.
section 2252(b)(1); and 2) his sentence of fifteen
years violated the Eighth Amendment's prohibition
against cruel and unusual punishment.”
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Richland Bookmart,
Inc. v. Knox County, 2007 WL 1306520 (E.D.Tenn.
May 02, 2007) (NO. 3:05-CV-229)
Court denies Defendant
County's 12(b)(6) motion in suit challenging its
amended SOB licensing ordinance.
Several sexually oriented businesses
challenged a comprehensive licensing ordinance
adopted by Knox County on multiple state and federal
constitutional grounds. The county’s amended
ordinance contained an extensive Preamble, citations
to substantial legal authority, and various studies
in support of the ordinance’s purpose -
to counter adverse secondary affects. On this
basis and in light of the precedents, the County
moved to dismiss for failure to state a claim
pursuant to a Rule 12(b)(6) motion.
While acknowledging that similar
ordinances have been upheld in extensive case
precedents, the court refused to grant the motion
observing as follows:
Rather than rule as a matter
of law, as defendant requests, that the ordinance
is constitutional in its entirety, the more
prudent course is to have a trial or evidentiary
hearing in this case to determine what the commissioners
actually relied upon in passing this ordinance,
or at least submit affidavits and other evidence
and resolve the case upon cross motions for
summary judgment. Clearly, what the commissioners
considered in passing ordinance and the amendment
thereto is relevant. Some of the standing issues
which have been raised might also be resolved
with appropriate affidavits or evidence. At
this time this case should be set for trial
or at least for a hearing on cross motions for
summary judgment. This matter will be referred
to the appropriate magistrate judge for a scheduling
conference.
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