Legal Opinion
Cletus Robert Anderson v. Barry J. Nidorf, Chief Probation Officer Attorney General of the State of California
Court of Appeals for the Ninth Circuit
Decided July 6, 1994No. 93-55131PublishedCited by 14 opinions
1Per curiam
OVERVIEW
Cletus Robert Anderson appeals the district court’s denial of his habeas corpus petition challenging his conviction under California Penal Code § 653w for failure to disclose the origin of a sound recording. Anderson claims that this California statute is preempted by federal copyright laws and violates the First Amendment. We have jurisdiction under 28 U.S.C. § 1291 and affirm.
BACKGROUND
At a flea market in May of 1990, a Los Angeles County Deputy Sheriff approached Cletus Anderson, who was selling almost 5,000 tapes which appeared to be pirated. 1 When Anderson could not produce any…
2Cases cited14 opinions
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- Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
- Murdock v. PennsylvaniaSupreme Court of the United States · 1943
- City of Cincinnati v. Discovery Network, Inc.Supreme Court of the United States · 1993
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3Cited by14 opinions
- Creative Technology, Ltd., a Singapore Corporation v. Aztech System Pte, Ltd, a Singapore Corporation Aztech Labs, Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 1995
- Foad Consulting Group, Inc. v. Musil Govan AzzalinoCourt of Appeals for the Ninth Circuit · 2001
- United States v. Elcom Ltd.District Court, N.D. California · 2002
- People v. WilliamsIllinois Supreme Court · 2009
- Titan Sports, Inc. v. Turner Broadcasting Systems, Inc.District Court, D. Connecticut · 1997
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