State v. Modeen, No. 86-1148

CourtUnited States State Supreme Court of Ohio
Writing for the CourtCELEBREZZE; SWEENEY
Citation28 Ohio St.3d 64,502 N.E.2d 634
Parties, 28 O.B.R. 164 The STATE of Ohio, Appellee, v. MODEEN, Appellant.
Decision Date24 December 1986
Docket NumberNo. 86-1148

Page 64

28 Ohio St.3d 64
502 N.E.2d 634, 28 O.B.R. 164
The STATE of Ohio, Appellee,
v.
MODEEN, Appellant.
No. 86-1148.
Supreme Court of Ohio.
Dec. 24, 1986.

Certified by the Court of Appeals for Franklin County.

Ronald J. O'Brien, City Atty., for appellee.

David H. Bodiker, Columbus, for appellant.

Page 65

[502 N.E.2d 635] The judgment in this cause (case Nos. 85AP-907 and 85AP-908 has been certified to this court as being in conflict with the judgment of the court in State v. Meadows (Dec. 18, 1985), Hamilton App. No. C-850091, unreported, on the following issue: "Does the First Amendment to the United States Constitution prohibit the state of Ohio from enacting a criminal statute which prohibits the private possession of child pornography?"

Based on State v. Meadows (1986), 28 Ohio St.3d 43, 354, 503 N.E.2d 697, the judgment of the court of appeals is affirmed.

CELEBREZZE, C.J., and LOCHER, HOLMES, CLIFFORD F. BROWN, DOUGLAS and WRIGHT, JJ., concur.

SWEENEY, J., not participating.

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5 practice notes
  • State v. Young, Nos. 86-1532
    • United States
    • United States State Supreme Court of Ohio
    • July 6, 1988
    ...in two cases involving R.C. 2907.323(A)(3), both of which were resolved solely on the authority of Meadows. State v. Modeen (1986), 28 Ohio St.3d 64, 28 OBR 164, 502 N.E.2d 634; [525 N.E.2d 1367] State v. Robinson (1986), 28 Ohio St.3d 65, 28 OBR 165, 502 N.E.2d 634. Thus, the question cert......
  • Savery v. State, No. 09-88-104
    • United States
    • Court of Appeals of Texas
    • December 20, 1989
    ...Hence, TEX. PENAL CODE ANN. sec. 43.26 (Vernon 1989) is constitutional. See Savery v. State, supra; see and compare State v. Madeen, 28 Ohio St.3d 64, 502 N.E.2d 634, 635 We conclude that the Ohio case of State v. Meadows, 28 Ohio St.3d 43, 503 N.E.2d 697 (1986) is a well reasoned case and ......
  • Savery v. State, No. 09
    • United States
    • Court of Appeals of Texas
    • March 8, 1989
    ...defeat the State's vital and proper interest in curtailing the exploitation of young children. A parallel case is State v. Modeen, 28 Ohio St.3d 64, 502 N.E.2d 634, 635, (1986). Modeen, supra, addressed the issue of seizing Page 245 child pornography from an individual person's home based o......
  • State v. Wynn Bibbs and Phyllis Harris, 88-LW-2752
    • United States
    • United States Court of Appeals (Ohio)
    • June 23, 1988
    ...v. California (1973), 413 U.S. 15. In State v. Modeen (April 17, 1986), Franklin App. Nos. 85-AP-907; 85-AP-908, unreported, aff'd, 28 Ohio St.3d 64, the Court of Appeals for Franklin County construed the phrase "state of nudity," as used in R.C. 2907.323, to include the "lew......
  • Request a trial to view additional results
5 cases
  • State v. Young, Nos. 86-1532
    • United States
    • United States State Supreme Court of Ohio
    • July 6, 1988
    ...in two cases involving R.C. 2907.323(A)(3), both of which were resolved solely on the authority of Meadows. State v. Modeen (1986), 28 Ohio St.3d 64, 28 OBR 164, 502 N.E.2d 634; [525 N.E.2d 1367] State v. Robinson (1986), 28 Ohio St.3d 65, 28 OBR 165, 502 N.E.2d 634. Thus, the question cert......
  • Savery v. State, No. 09-88-104
    • United States
    • Court of Appeals of Texas
    • December 20, 1989
    ...Hence, TEX. PENAL CODE ANN. sec. 43.26 (Vernon 1989) is constitutional. See Savery v. State, supra; see and compare State v. Madeen, 28 Ohio St.3d 64, 502 N.E.2d 634, 635 We conclude that the Ohio case of State v. Meadows, 28 Ohio St.3d 43, 503 N.E.2d 697 (1986) is a well reasoned case and ......
  • Savery v. State, No. 09
    • United States
    • Court of Appeals of Texas
    • March 8, 1989
    ...defeat the State's vital and proper interest in curtailing the exploitation of young children. A parallel case is State v. Modeen, 28 Ohio St.3d 64, 502 N.E.2d 634, 635, (1986). Modeen, supra, addressed the issue of seizing Page 245 child pornography from an individual person's home based o......
  • State v. Wynn Bibbs and Phyllis Harris, 88-LW-2752
    • United States
    • United States Court of Appeals (Ohio)
    • June 23, 1988
    ...v. California (1973), 413 U.S. 15. In State v. Modeen (April 17, 1986), Franklin App. Nos. 85-AP-907; 85-AP-908, unreported, aff'd, 28 Ohio St.3d 64, the Court of Appeals for Franklin County construed the phrase "state of nudity," as used in R.C. 2907.323, to include the "lew......
  • Request a trial to view additional results

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