Fordyce v. State

I fully concur as to Issues Two, Four, and Five.

I

As to Issue One, I concur in the refusal to strike down the Indiana statutory definition of obscenity as violative of the U.S. Constitution. In doing so, however, I state *365my belief that the position articulated by Fordyce concerning the implications of Pope v. Illinois (1986) 481 U.S. 497, 107 S.Ct. 1918, 95 LEd.2d 439, appears to have merit and is deserving of consideration by the Indiana Supreme Court. In this regard, I see no value in making a detailed analysis at the intermediate appellate stage but would observe that the Pope decision…