Search for: "Childs v. State of California (1983)" Results 161 - 180 of 184
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27 May 2008, 9:50 am
The Court rejects concerns that virtual child pornography or sex between youthful-looking adult actors might be covered by the term "simulated sexual intercourse. [read post]
19 May 2008, 8:55 am
Wilder, No. 06-2213 Conviction for possession, transmission, and receipt of child pornography is affirmed over defendant's claims that: 1) the warrant permitting seizure of materials from his home was issued without probable cause; 2) the evidence at trial was insufficient to establish his knowingly receipt or knowingly possession of child pornography; and 3) the evidence was insufficient to support a finding that the photographs on which the convictions were based depicted… [read post]
21 Apr 2008, 11:52 am
" Consequently, a state drug offense punishable by more than one year qualifies as a "felony drug offense," even if state law classifies the offense as a misdemeanor. [read post]
11 Mar 2008, 8:46 am
Phillips, No. 07-0522 Grant of habeas petition ordering conviction be vacated based on state's Brady violation is vacated in part as to barring of retrial of count of depraved indifference murder as petitioner had not exhausted his state remedies with respect to that relief. [read post]
3 Mar 2008, 9:32 am
California State Council of Carpenters (1983) has standing to sue under federal antitrust laws. [read post]
11 Feb 2008, 8:08 am
U.S. 7th Circuit Court of Appeals, February 04, 2008 State of Wisconsin v. [read post]
5 Feb 2008, 8:11 am
Defendant's California conviction for grand theft from a person in violation of section 487(2) of the California Penal Code was a "violent felony" as defined in 18 U.S.C. section 924(e)(2)(B)(ii). [read post]
30 Jan 2008, 7:35 am
Pennsylvania Bd. of Probation & Parole, No. 05-4200 In a 42 U.S.C. section 1983 suit brought by an anonymous plaintiff seeking declaratory and injunctive relief from aspects of Pennsylvania's Registration of Sexual Offenders Act, or Megan's Law, a judgment finding that the treatment of out-of-state offenders under the law violates the Equal Protection Clause is affirmed where: 1) although Pennsylvania's interest in protecting its citizens from sexually… [read post]
22 Jan 2008, 11:47 am
Fancher, No. 06-4913 "480-month sentence based on guilty plea to receiving child pornography is vacated where the district court did not provide sufficient notice that it was considering an above-Guidelines sentence. [read post]
30 Oct 2007, 1:37 am
Geerken, No. 06-3987"A sentence for possession of child pornography is affirmed where: 1) the district court's use of a U.S.S.G. application note's 75:1 ratio for determining the number of images contained within a single video was not arbitrary and did not result in an unreasonable sentence for defendant; and 2) the district court did not err when it found, by a preponderance of the evidence, that the child pornography possessed by defendant not only depicted minors… [read post]
1 Oct 2007, 4:45 am
California was not objectively unreasonable; 2) a state court properly denied a claim of ineffective assistance of counsel during trial; 3) counsel's decision to concede petitioner's guilt during the sentencing phase of the trial was not objectively unreasonable under federal law; and 4) a state court's determination that a trial court did not improperly exclude mitigating evidence was not contrary to or an unreasonable application of federal law. [read post]
4 Sep 2007, 2:47 am
Goff, No. 05-5524 A sentence of four months imprisonment, three years of supervised release, and a fine, for possessing hundreds of electronic images of child pornography is vacated and remanded for resentencing where the district court's sentence was not reasonable in light of the circumstances of the case. [read post]