Case Name: Pope v.State Citation: 284 Md. 309 (1979) Facts: Pope was convicted after standing by while a mother beat her child to death in the defendant’s home.The mother had claimed she was God and that Satan had hidden himself inside the body of her child. on appeal from the circuit court of the seventeenth judicial circuit, in and for broward county, state of florida reply brief of appellant patricia a. hogan assistant ccrc florida bar no. ... and Clewell Howell, Jr., Assistant State's Attorney for Baltimore County, on the brief, for appellee. See Ajabu v. State, 693 N.E.2d 921, 936 (Ind.1998) (finding a sentence of life without parole is subject to the same statutory standards and requirements as the death penalty). 503, cert. Read the Court's full decision on FindLaw. NOAH WESTLEY POPE v. STATE OF MARYLAND. Case opinion for FL District Court of Appeal POPE v. STATE. The test asks whether the material in question appeals to a prurient interest, describes sexual conduct in a patently offensive manner, and whether the work as a whole lacks “serious literary, artistic, political, or scientific value.” Opinion for Pope v. State, 480 P.2d 697 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. sc02-1141 thomas dewey pope, appellant, v. state of florida, appellee. Pope v. State Annotate this Case. No. Court of Special Appeals of Maryland. 0149380 neal a. dupree capital collateral regional ... v. state, 705 so. The same is true in life without parole cases. Defendant’s argument: Pope did not have a legal duty (as opposed to a moral one).Also, because the mother was present, Pope could … If a state prosecutor can convince the trier of fact that the three components of the obscenity standard set forth in Miller v. California, 413 U. S. 15 , 413 U. S. 24 (1973), are satisfied, it may, in the Court's view, prohibit the sale of sexually explicit magazines. 222; Tasco v. State, 223 Md. denied, 365 U.S. 885. 533 (1969) 256 A.2d 529. 7 Md. Wrinkles v. State, 690 N.E.2d 1156, 1168 (Ind.1997); Harrison v. State, 644 N.E.2d 1243, 1259 n. 28 (Ind.1995). case no. , . A compelling element in the determination of guilt or innocence of the person charged is the consideration of all the alternate circumstances surrounding the presence of an accused at the scene by the trier of facts. In 1973, the Supreme Court decidedMiller v.California and established a three-prong test for determining whether material is obscene. Pope first argues that the trial court erred in denying his motion for a judgment of acquittal because, he claims, “the warrantless stop in this case was illegal and unjustified as no crime had been committed in the presence of the officer.” (Pope's brief at p. 16)(emphasis omitted). Brief Fact Summary. The County Attorney acting on behalf of the State of Arizona brought a special action requesting that the Court reconsider existing law regarding the admissibility of evidence concerning the unchaste character of a complaining witness in a prosecution for rape. Decided August 13, 1969. App. Malcolm v. State, 232 Md. The Supreme Court, voting six to three, vacated Pope’s conviction and remanded the case to the state courts for reconsideration. Opinion for Pope v. State, 354 S.E.2d 429, 257 Ga. 32 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Facts of the case. Justice White’s majority opinion was joined by Justices Rehnquist, Powell, O’Connor, Scalia (who wrote a concurring opinion), and Blackmun, who concurred in … 431, September Term, 1968. Citation113 Ariz. 22, 545 P.2d 946, 1976 Ariz. 218, 94 A.L.R.3d 246.
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