“Rabbit” Hunting in the Supreme Court: The Constitutionality of State Prohibitions of Sex Toy Sales Following Lawrence v. Texas
“This Note . . . supports the Eleventh Circuit’s interpretation of Lawrence in Williams v. Attorney General of Alabama as a means of limiting the Lawrence decision and preserving traditional state authority to democratically police the borders of accepted sexual behavior in preservation of public morality.”
Fulton County Daily Report: “The federal judges who on Thursday heard the appeal of the movie producer, known as Max Hardcore, aren’t being asked to make the same judgments the jury did . . . the judges are being asked to decide some of the heaviest issues in the area of obscenity law, such as whether the government should criminalize adult films purchased over the Internet and viewed in the privacy of the home, and whether a Tampa jury should apply its own mores to materials available all over the country.”
Following the 11th Circuit in Williams, Alabama court holds that public morality is a sufficient basis to uphold ban on sale of “sex toys”
1568 Montgomery Highway, Inc. v. City of Hoover, (AL Sup. Ct., Sept. 11, 2009)
U.S. v. Edward Curtis Bobb, No. 07-13252 (11th Cir., Aug. 6, 2009)
11th Circuit upholds conviction for “receipt” and “possession” against Double Jeopardy challenge because criminal conduct occurred on different days.
In U.S. v. Kapordelis, No. 07-14499 (N.D. Ga. June 1, 2009) Gregory C. Kapordelis, an anesthesiologist, was convicted in United States District Court for the Northern District of Georgia “for producing, receiving, and possessing child pornography in violation of 18 U.S.C. §§ 2251(a), 2252A(a)(2)(A), and 2252A(a)(5)(B).” He received a 420-month sentence. On appeal to the 11th Circuit, Kapordelis disputed the affidavit for the warrant that led to his arrest, the evidence that convicted him, and the “upward departure” of his sentence. The 11th Circuit affirmed the conviction and sentence.
11th Circuit upholds conviction for possession and distribution of child pornography.
5634 East Hillsborough Avenue, Inc. v. Hillsborough County, No. 07-14955, 2008 WL 4276370 (11th Cir. Sept. 10, 2008)