Legal Opinion

State v. Martin

South Dakota Supreme Court

Decided December 30, 2003No. NonePublishedCited by 23 opinions

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in two South Dakota counties on multiple counts of possession of child pornography in violation of SDCL 22-22-23.1, now repealed.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

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Miller v. CaliforniaSupreme Court of the United States · 1973
  3. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  4. New York v. FerberSupreme Court of the United States · 1982
  5. Prince v. MassachusettsSupreme Court of the United States · 1944

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

3Cited by23 opinions

  1. Commonwealth v. DavidsonSupreme Court of Pennsylvania · 2007
  2. State v. PiperSouth Dakota Supreme Court · 2006
  3. State v. McKinneySouth Dakota Supreme Court · 2005
  4. State v. BlairSouth Dakota Supreme Court · 2006
  5. State v. BruceSouth Dakota Supreme Court · 2011

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API