Cargal Vs. Georgia

cargal v. georgia - 438 u.s. 906 (1978) u.s. supreme court cargal v. georgia , 438 u.s. 906 (1978) 438 u.s. 906 bobby l. cargal v. state of georgia no. 77-1426 supreme court of the united states june 26, 1978 on petition for writ of certiorari to the court of appeals of georgia. the petition for a writ of certiorari is denied. mr. justice brennan, with whom mr. justice stewart and mr. justice marshall join, dissenting. petitioner, convicted of distributing obscene materials under ga.code 26-2101 (1975), asks this court to decide the question: "whether jury instructions on scienter allowing a finding of 'constructive knowledge' in an obscenity case are sufficient to meet . . . constitutional minimum standards . . . ?" pet. for cert. 2. in bal ew v. georgia, 435 u.s. 223 ( 1978), we granted certio- page 438 u.s. 906 , 907 rari to consider, but did not reach, precisely this issue. see pet. for cert. in ballew v. georgia, o.t.1977, no. 76-761, p. 2. i see no reason to suppose that this issue is any less worthy of consideration on certiorari now than it was when we accepted it in ballew. for this reason, i would grant certiorari. see also sewell v. georgia, 435 u.s. 982 , 98 s. ct. 1635 (1978) (brennan, j., dissenting from dismissal of appeal); teal v. georgia, 435 u.s. 989 ( 1978); robinson v. georgia, 435 u.s. 989 ( 1978) (brennan, j., dissenting from vacation of judgment and remand). barring this, i would grant this petition and summarily reverse. see ballew, supra, 435 u.s., at 246 (opinion of brennan, j.); sanders v. georgia, 424 u.s. 931 (1976) ( dissent from denial of certiorari).