Quote:
Originally Posted by kane
What bothers me is that, from what I understand, some of the convictions came only from movie trailers not the full movie (I'm sure that will be something argued in the appeal) and some of the convictions were for, "transporting obscene material over the internet."
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Honestly I think that this case is a slam dunk for Max on appeal.
The prosecution failed to show the entire video(s) to the jury. That alone could be game, set, match. The Miller test requires that the material be taken as a whole, the prosecution didn't show the whole work to the jury, game over.
There was also the issue that Max didn't mail the DVD's, another company took the order and mailed the DVD's, yet Max was convicted on 10 counts of something that he plainly didn't do.
There were also several other issues that I read about in the trial coverage that are definitely going to be brought up during the appeal.
Now that the case is out of the hands of jurors who were sick to their stomach from watching the films, and in the hands of jurists who care about the law and proper procedure, I think Max's chances are very good.
