United States Supreme Court Cases & Opinions

U.S. Supreme Court

Monger v. Florida, 405 U.S. 958 (1972)

Monger v. Florida, 405 U.S. 958 (1972)

No. 71-486

Decided February 28, 1972

405 U.S. 958

ON PETITION FOR WRIT OF CERTIORARI

TO THE SUPREME COURT OF FLORIDA

The petition for writ of certiorari is denied, it appearing that the judgment of the Supreme Court of Florida rests upon an adequate state ground.

MR. JUSTICE DOUGLAS, with whom MR. JUSTICE BRENNAN and MR. JUSTICE STEWART concur, dissenting.

Petitioner was employed in a newsstand which sold "girlie" magazines. He was charged with the sale of two allegedly obscene magazines -- "Body Shop" and "The Erotic Cinema" -- in violation of Florida's obscenity statute [Footnote 1] and, on November 3, 1970, the jury returned verdicts of guilty on both counts. On January 12, 1971, the trial court orally pronounced its judgment of guilty and imposed a sentence of either a $1,000 fine or six months' imprisonment on each count plus costs. That same day, petitioner filed his notice of appeal and a motion for supersedeas. On January 18, the trial court entered its written order nunc pro tunc January 12. This order recited that petitioner's notice of appeal was filed after the entry of judgment. Because he was challenging the constitutionality of a state statute, petitioner's appeal was transferred by the First District Court of Appeal of Florida to the Florida Supreme Court.