State v. Berger
Arizona Supreme Court
1Opinion of the Court
OPINION
BALES, Justice.
¶ 1 Based on his possession of child pornography, Morton Robert Berger was convicted of twenty separate counts of sexual exploitation of a minor under the age of fifteen and sentenced to twenty consecutive ten-year prison terms. We hold that these sentences do not violate the Eighth Amendment’s prohibition on cruel and unusual punishment.
I
¶ 2 Arizona severely punishes the distribution or possession of child pornography. Under Arizona law, a person commits sexual exploitation of a minor, a class two felony, by knowingly “[djistributing, transporting, exhibiting,…
2Cases cited27 opinions
- Lockyer v. AndradeSupreme Court of the United States · 2003
- Solem v. HelmSupreme Court of the United States · 1983
- Rochin v. CaliforniaSupreme Court of the United States · 1952
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Atkins v. VirginiaSupreme Court of the United States · 2002
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3Cited by54 opinions
- State of Iowa v. Charles James David OliverSupreme Court of Iowa · 2012
- State v. HairstonOhio Supreme Court · 2008
- State of Arizona v. Mark Noriki KasicCourt of Appeals of Arizona · 2011
- Humphrey v. WilsonSupreme Court of Georgia · 2007
- State v. BuchholdSouth Dakota Supreme Court · 2007
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