Legal Opinion

State v. Berger

Arizona Supreme Court

Decided May 10, 2006No. CR-05-0101-PRPublishedCited by 54 opinions

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

  1. Lockyer v. AndradeSupreme Court of the United States · 2003
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. Rochin v. CaliforniaSupreme Court of the United States · 1952
  4. Harmelin v. MichiganSupreme Court of the United States · 1991
  5. Atkins v. VirginiaSupreme Court of the United States · 2002

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3Cited by54 opinions

  1. State of Iowa v. Charles James David OliverSupreme Court of Iowa · 2012
  2. State v. HairstonOhio Supreme Court · 2008
  3. State of Arizona v. Mark Noriki KasicCourt of Appeals of Arizona · 2011
  4. Humphrey v. WilsonSupreme Court of Georgia · 2007
  5. State v. BuchholdSouth Dakota Supreme Court · 2007

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

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