Legal Opinion

Wheeler v. State

Court of Appeals of Maryland

Decided January 11, 1978No. [No. 66, September Term, 1977.]PublishedCited by 85 opinions

1Opinion of the CourtOrth, J.

Murphy, C. J., and Levine, J., dissent and Murphy, C. J., filed a dissenting opinion in which Levine, J., concurs at page 609 infra.

We hold that §§ 417 (2) and 418 of Maryland’s Obscene Matter Act, Maryland Code (1957, 1976 Repl. Vol.) Art. 27, are unconstitutional on the ground that these sections violate the equal protection clause of the Fourteenth Amendment.

John W. Wheeler was convicted by a jury in the Criminal Court of Baltimore of distributing an obscene magazine in violation of § 418 of the Obscene Matter statute. He was punished by a fine of $500 and ordered to pay the costs. The…

2Cases cited58 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Dandridge v. WilliamsSupreme Court of the United States · 1970
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. McGowan v. MarylandSupreme Court of the United States · 1961
  5. Shapiro v. ThompsonSupreme Court of the United States · 1969

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3Cited by85 opinions

  1. Ashton v. BrownCourt of Appeals of Maryland · 1995
  2. Attorney General of Maryland v. WaldronCourt of Appeals of Maryland · 1981
  3. Attorney General v. JohnsonCourt of Appeals of Maryland · 1978
  4. Condon v. StateCourt of Appeals of Maryland · 1993
  5. Hornbeck v. Somerset County Board of EducationCourt of Appeals of Maryland · 1983

80 more not listed; retrieve them via the Exa API.

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