State v. Martin
South Dakota Supreme Court
1Opinion of the Court
GILBERTSON, Chief Justice.
[¶ 1.] John Martin (Martin) was convicted in two South Dakota counties on multiple counts of possession of child pornography in violation of SDCL 22-22-23.1, now repealed. On appeal, Martin challenges the constitutionality of the statute based upon the doctrines of overbreadth and vagueness. Martin also raises a due process challenge in regards to his multiple convictions. Martin further questions the sufficiency of the evidence used to convict him. For his fifth point of error; Martin contends his sentence unlawfully exceeded the statutory limits for violation of…
2Cases cited39 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Miller v. CaliforniaSupreme Court of the United States · 1973
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- New York v. FerberSupreme Court of the United States · 1982
- Prince v. MassachusettsSupreme Court of the United States · 1944
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3Cited by23 opinions
- Commonwealth v. DavidsonSupreme Court of Pennsylvania · 2007
- State v. PiperSouth Dakota Supreme Court · 2006
- State v. McKinneySouth Dakota Supreme Court · 2005
- State v. BlairSouth Dakota Supreme Court · 2006
- State v. BruceSouth Dakota Supreme Court · 2011
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