Legal Opinion

United States v. Pryba

District Court, E.D. Virginia

Decided February 12, 1988No. Crim. CR 87-00208-APublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

Defendants in this novel RICO-obscenity case 1 sought in the course of trial to introduce certain poll and survey results and “expert” testimony on the issue of obscenity. The Court permitted voir dire of the preferred experts, examined the challenged material as well as allegedly comparable material, and reviewed the poll and survey results and methodology before ruling that the evidence must be excluded. This Memorandum Opinion records the reasons for these rulings. 2

Background

A twelve count indictment charged three individuals and one corporation…

2Cases cited48 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Miller v. CaliforniaSupreme Court of the United States · 1973
  4. Hamling v. United StatesSupreme Court of the United States · 1974
  5. Paris Adult Theatre I v. SlatonSupreme Court of the United States · 1973

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3Cited by11 opinions

  1. United States v. PrybaCourt of Appeals for the Fourth Circuit · 1990
  2. County of Kenosha v. C & S MANAGEMENT, INC.Wisconsin Supreme Court · 1999
  3. State v. Midwest Pride IV, Inc.Ohio Court of Appeals · 1998
  4. Toro v. City of NorfolkCourt of Appeals of Virginia · 1992
  5. Asaff v. State, Texas Court of Appeals, 5th District (Dallas)1991

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