Miller v. California, 413 U.S. 15?

Question

How did this case make it to the supreme court?

Answer 1

If you want to read the opinion online, it is here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=413&invol=15

Appellant conducted a mass mailing campaign to advertise the sale of illustrated books, euphemistically called "adult" material. After a jury trial, he was convicted of violating California Penal Code 311.2 (a), a misdemeanor, by knowingly distributing obscene matter, 1 [413 U.S. 15, 17] and the Appellate Department, Superior Court of California, County of Orange, summarily affirmed the judgment without opinion. It was appealed directly to the United States Supreme Court from the Appellate Department, Superior Court of California, County of Orange.

Answer 2

Ummm...the cite is correct. Miller v. California, 413 U.S. 15; 93 S. Ct. 2607; 37 L. Ed. 2d 419.

The case got to the Supreme Court as an appeal from the Appellate Division of the Orange County Superior Court. Such appellate jurisdiction used to exist under 28 USC 1257(although it was really as discretionary as certiorari), but now the statute provides only for certorari.

Answer 3

The citation you give is incorrect. The case at that citation is:
Colgrove v. Battin, 413 U.S. 149 (1973).

If you are looking for the most recently published Miller v. California, the citation is:
546 U.S. 846 (2005)

There is a more recent Miller v. California available through LexisNexis at:
2005 U.S. LEXIS 9099 (December 5, 2005)


Please specify exactly which Miller v. California you want information on, and we can help you with the procedure.

Answer 4

However you argue it. Make sure to include that precedence is one of the most important things in law. Basically the longer a ruling has stood up in court the more likely that it will stand up again and again and again. Roe vs. Wade has stood the test of time and time again, as it should. So your best bet is to give the best argument you can and then maybe end on a note about precedence and how it affects court rulings.

Answer 5

Miller V California 413 U.s 15