|
|
Flynt v. Ohio, 451 U.S. 619 (1981)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Flynt v. Ohio, 451 U.S. 619 (1981)
Flynt v. Ohio No. 80-420 Argued March 24, 1981 Decided May 18, 1981 451 U.S. 619
CERTIORARI TO THE SUPREME COURT OF OHIO
Syllabus
In a prosecution charging petitioners with disseminating obscenity in violation of Ohio law, the trial court granted their motions to dismiss the complaints on the ground that they had been subjected to selective and discriminatory prosecution in violation of the Equal Protection Clause of the Fourteenth Amendment. The Ohio Court of Appeals reversed and remanded the case for trial, finding the evidence insufficient to support the allegations of discriminatory prosecution. The Ohio Supreme Court affirmed.
Held: Because the Ohio Supreme Court’s decision was not a final judgment within the meaning of 28 U.S.C. § 1257, the writ of certiorari previously granted by this Court is dismissed for want of jurisdiction. In the context of a criminal prosecution, finality of judgment is normally defined by the imposition of a sentence. Here there has been no finding of guilt and no sentence imposed. Nor is the Ohio Supreme Court’s decision a final judgment within any of the four exceptions to the general rule identified in Cox Broadcasting Corp. v. Cohn, 420 U.S. 469. Resolution of the question whether the obscenity prosecution of petitioners was selective or discriminatory in violation of the Equal Protection Clause can await final judgment in the state criminal proceeding without any adverse effect upon important federal interests.
Certiorari dismissed. Reported below: 63 Ohio St.2d 132, 407 N.E.2d 15.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Flynt v. Ohio, 451 U.S. 619 (1981) in 451 U.S. 619 451 U.S. 620. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=DVQCW7BXKP6BZN1.
MLA: U.S. Supreme Court. "Syllabus." Flynt v. Ohio, 451 U.S. 619 (1981), in 451 U.S. 619, page 451 U.S. 620. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DVQCW7BXKP6BZN1.
Harvard: U.S. Supreme Court, 'Syllabus' in Flynt v. Ohio, 451 U.S. 619 (1981). cited in 1981, 451 U.S. 619, pp.451 U.S. 620. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=DVQCW7BXKP6BZN1.
|