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Old 12-23-2009, 07:49 AM   #1
pornlaw
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Federal Judge Declines to Dismiss Evil Angel Obscenity Case

http://legaltimes.typepad.com/blt/20...nity-case.html

FYI ----

A U.S. district judge today refused to dismiss the Justice Department's case against the owner of a major pornography studio, shooting down the defense's argument that federal obscenity statutes are unconstitutional.

The ruling by Judge Richard Leon of the U.S. District Court for the District of Columbia could pave the way for John Stagliano and his company, Evil Angel Productions, to stand trial as soon as early summer. However, at a hearing today the judge said he would consider allowing defense lawyers to file an immediate appeal of his decision to the U.S. Court of Appeals for the D.C. Circuit.

"This is about the overarching legal issue in this case, and needs to be resolved one way or another," he said.

Prosecutors indicted Stagliano and his company in 2008 on charges that they illegally sold and transferred obscene material across state lines. The materials included two DVDs, "Storm Squires 2: Target Practice" and "Milk Nymphos," as well as a film trailer for "Fetish Fanatic Chapter 5," which was featured on the studio's web site.
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