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Cargal Vs. Georgia - Court Judgment

LegalCrystal Citation
CourtUS Supreme Court
Decided On
Case Number438 U.S. 906
AppellantCargal
RespondentGeorgia
Excerpt:
.....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.....
Judgment:
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).


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