Legal Opinion

Harry F. Olson v. William D. Leeke, Commissioner, Department of Corrections and the Attorney General of South Carolina

Court of Appeals for the Fourth Circuit

Decided October 2, 1984No. 83-6650PublishedCited by 5 opinions

1Opinion of the Court

HAYNSWORTH, Senior Circuit Judge.

The petitioner, Olson, was convicted of distributing obscene printed materials in violation of South Carolina Code § 16 — 15— 320. Denial of post-conviction relief was affirmed by the Supreme Court of South Carolina. State v. Barrett and Olson, 278 S.C. 92, 292 S.E.2d 590 (1982). Olson then sought a federal writ of habeas corpus which was denied by the district court.

I

The petitioner, relying on South Carolina Code § 16-15-270, contends that he is not subject to prosecution until after a determination in a civil proceeding that the material was, in fact,…

2Cases cited5 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Smith v. United StatesSupreme Court of the United States · 1977
  3. Andrews v. StateCourt of Criminal Appeals of Texas · 1983
  4. Red Bluff Drive-In, Inc. v. VanceCourt of Appeals for the Fifth Circuit · 1981
  5. State v. BarrettSupreme Court of South Carolina · 1982

3Cited by5 opinions

  1. Household Finance Corp. v. Howard (In Re Howard)United States Bankruptcy Court, N.D. Indiana · 1987
  2. Vernon Beigay, Inc. v. TraxlerCourt of Appeals for the Fourth Circuit · 1986
  3. Kathleen L. Eckstein, Administratrix of the Estate of Harry J. Eckstein, Jr. v. Kenneth E. MelsonCourt of Appeals for the Fourth Circuit · 1994
  4. David Gary Hoover v. Don Byrd, Sheriff of Dallas County TexasCourt of Appeals for the Fifth Circuit · 1986
  5. Vernon Beigay, Inc. v. TraxlerCourt of Appeals for the Fourth Circuit · 1986

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