Citation network
Marks Vs. United States
Cites for this judgment
- US Supreme Court
- Mar 01, 1977
Citation network · 7-day free trial
Brief every cited case in minutes
Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.
- 18-section brief - facts, issues, ratio, relief
- Ask this case - answers cite the judgment
- Semantic search - find precedents by meaning
- Research drawer - sections, cites, related cases
No card required · credentials emailed · Log in if you already have an account
-
Marks v. UnitedSearch
-
States - 430 U.S. 188 (1977) U.S. Supreme Court Marks v. UnitedSearch
-
States, 430 U.S. 188 (1977) Marks v. UnitedSearch
-
obscene materials in violation of a federal statute. The conduct that gave rise to the charge occurred before Miller v. CaliforniaSearch
-
that those standards may impose criminal liability for conduct not punishable under the standards announced in Memoirs v. MassachusettsSearch
-
U. S. 413 . Bouie v. CitySearch
-
principle announced in Miller that would serve to benefit petitioners must be applied in their case. Hamling v. UnitedSearch
-
JUSTICE POWELL delivered the opinion of the Court. This case presents the question, not fully answered in Hamling v. UnitedSearch
-
States, 418 U. S. 87 (1974), whether the Page 430 U. S. 189 standards announced in Miller v. CaliforniaSearch
-
Brief any citation in this list with AI Studio
-
Trial did not begin until the following October. In the interim, on June 21, 1973, this Court decided Miller v. CaliforniaSearch
-
U. S. 123 , 413 U. S. 129 -130, and n. 7 (1973), decided the same day as Miller. See Hamling v. UnitedSearch
-
they were entitled to jury instructions not under Miller, but under the more favorable formulation of Memoirs v. MassachusettsSearch
-
II The Ex Post Facto Clause is a limitation upon the powers of the Legislature, See Calder v. BullSearch
-
Dall. 386 (1798), and does not, of its own force, apply to the Judicial Branch of government. Frank v. MangumSearch
-
will give rise to criminal penalties -- is fundamental to our concept of constitutional liberty. See United States v. PageSearch
-
Lanzetta v. NewSearch
-
As such, that right is protected against judicial action by the Due Process Clause of the Fifth Amendment. In Bouie v. CitySearch
-
Id. at 378 U. S. 353 -354. Similarly, in Rabe v. WashingtonSearch
-
one must judge whether Miller expanded criminal liability by looking not to Memoirs, but to Roth v. UnitedSearch
-
may be suppressed. Id. at 383 U. S. 421 . See Ginzburg v. UnitedSearch
-
insist on fair warning when a statute regulates expression and implicates First Amendment values. See, e.g., Buckley v. ValeoSearch
-
Bouie, that the Due Process Clause precludes the application to petitioners of the standards announced in Miller v. CaliforniaSearch
-
At the same time, we reaffirm our Page 430 U. S. 197 holding in Hamling v. UnitedSearch
-
United States v. MarksSearch
-
and United States v. FriedmanSearch
-
United States v. WassermanSearch
-
United States v. SherpixSearch
-
cases, both conduct and trial occurred prior to Miller, and the jury instructions were derived from Memoirs v. MassachusettsSearch
-
U. S. 413 (1966) (plurality opinion). United States v. ThevisSearch
-
United States v. PalladinoSearch
-
F.2d 499 (CA1 1974). The Courts of Appeals there, foreshadowing to some extent our later decision in Hamling v. UnitedSearch
-
cases presenting similar facts, the Fifth Circuit has applied its holding in Thevis I. See, e.g.,United States v. LinetskySearch
-
United States v. ThevisSearch
-
F.2d 989 (1976) ( Thevis II ), cert. denied, 429 U.S. 928 (1976). See also United States v. HillSearch
-
U. S. 952 (1975). And the Ninth Circuit, following Hamling, has reached the same result. United States v. CuttingSearch
-
of the Court, the Court began the practice of disposing of obscenity cases in brief per curiam decisions. Redrup v. NewSearch
-
was the first. At least 31 cases were decided in this fashion. They are collected in Paris Adult Theatre I v. SlatonSearch
-
Books, Inc. v. UnitedSearch
-
United States v. 5 Mm. Motion Picture Film, 432 F.2d 705 (CA2 1970), cert. dismissed sub nom. United States v. UnicornSearch
-
United States v. TenSearch
-
United States v. GronerSearch
-
United States v. PellegrinoSearch
-
Southeastern Promotions, Ltd. v. OklahomaSearch
-
Huffman v. UnitedSearch
AI Brief on cited cases - 7-day free trial