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Pope Vs. Illinois
Cites for this judgment
- US Supreme Court
- May 04, 1987
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U.S. 497 (1987) U.S. Supreme Court Pope v. IllinoisSearch
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U.S. 497 (1987) Pope v. IllinoisSearch
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Certiorari to the Appellate Court of Illinois, Second District Syllabus Under Miller V. CaliforniaSearch
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not be decided by this Court, since the State Appellate Court has not considered the harmless error issue. Under Rose v. ClarkSearch
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J., joined, post, p. 481 U. S. 507 . JUSTICE WHITE delivered the opinion of the Court. In Miller v. CaliforniaSearch
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obscene work is to be determined by reference to community standards. Indeed, our cases are to the contrary. Smith v. UnitedSearch
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preventing future prosecutions under a constitutionally defective standard. Cf., e.g., Secretary of State of Maryland v. JosephSearch
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the repealed statute failed to give them notice that the sale of obscene materials would be prosecuted. See Dombrowski v. PfisterSearch
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United States v. Thirty-sevenSearch
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Brief any citation in this list with AI Studio
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in this case was not affected by the erroneous instruction. The situation here is comparable to that in Rose v. ClarkSearch
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malice from predicate facts, it still must find the existence of those facts beyond reasonable doubt. Connecticut v. JohnsonSearch
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to decide whether, on the facts of a given case, a constitutional error was harmless under the standard of Chapman v. CaliforniaSearch
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U. S. 18 (1967), we do so sparingly. Rose v. ClarkSearch
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had been construed to incorporate the third prong of the tripartite test set out in the plurality opinion in Memoirs v. MassachusettsSearch
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Id. at 383 U. S. 418 . See People v. RidensSearch
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People v. ThomasSearch
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Ill.App.3d 320, 346 N.E.2d 190 (1976). In Miller v. CaliforniaSearch
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This instruction shifted the burden of proof on an element of the crime, in violation of Sandstrom v. MontanaSearch
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U. S. 510 (1979), and Francis v. FranklinSearch
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the jury do not require it to find each element of the crime under the proper standard of proof, see, e.g., Cabana v. BullockSearch
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Miller v. CaliforniaSearch
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prosecutor can convince the trier of fact that the three components of the obscenity standard set forth in Miller v. CaliforniaSearch
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constitutional right to trial by jury prohibits a judge from directing a verdict for the prosecution, United States v. MartinSearch
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it did not find. We have consistently rejected the possibility of harmless error in these circumstances. See Jackson v. VirginiaSearch
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Carpenters v. UnitedSearch
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Bollenbach v. UnitedSearch
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see alsoMarks v. UnitedSearch
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in light of the decision last term in Rose v. ClarkSearch
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U. S. 570 (1986). See ante at 481 U. S. 503 -504, n. 7. I emphatically disagree. In Rose v. ClarkSearch
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impermissibly gave the jury the option of finding one of the elements through a presumption, in violation of Sandstrom v. MontanaSearch
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U.S. at 478 U. S. 580 , n. 8 (emphasis added), quoting Connecticut v. JohnsonSearch
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superfluous, since the error in the instructions went to the ultimate fact that the juries were required to find. Rose v. PageSearch
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Hannegan v. EsquireSearch
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Dissenting Page 481 U. S. 514 in Smith v. UnitedSearch
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See People's Exhibit No. 3, People v. MorrisonSearch
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Smith v. UnitedSearch
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criminalization of the sale of sexually explicit material (not involving children) to consenting adults. In Stanley v. GeorgiaSearch
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opining that it has no implications to the criminalization of the sale or distribution of obscenity. See United States v. ReidelSearch
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Rose v. ClarkSearch
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Delaware v. VanSearch
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U.S. Supreme Court Pope v. IllinoisSearch
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Under Rose v. ClarkSearch
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of the Court. In Miller v. CaliforniaSearch
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Secretary of State of Maryland v. JosephSearch
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