Legal Opinion

Commonwealth v. Simone

Portsmouth County Circuit Court

Decided October 10, 2003No. Case No. (Crim.) 03-0986PublishedCited by 1 opinion

1Opinion of the Court

By Judge Mark S. Davis

This matter is before the Court on defendant’s two motions to dismiss and motion in limine. The factual and procedural background of these motions, discussion of the issues, and conclusion are set forth below.

*217I. Factual and Procedural Background

The defendant was indicted on May 1,2003, on four counts of knowingly possessing sexually explicit visual material, which utilizes or has as a subject a person less than eighteen years of age, on or about June 29,2002, in violation of Va. Code § 18.2-374.1:1, Virginia’s child pornography possession statute. Count four is a first…

2Cases cited78 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Duncan v. LouisianaSupreme Court of the United States · 1968
  3. Malloy v. HoganSupreme Court of the United States · 1964
  4. Roth v. United StatesSupreme Court of the United States · 1957
  5. Connally v. General Construction Co.Supreme Court of the United States · 1926

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3Cited by1 opinion

  1. People v. ScolaroAppellate Court of Illinois · 2009

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