Monday, September 21, 2009

The Numbskull's Lament, or, The Theory of Evolution Disproven

State v. Canal, no. 07-1051 (Iowa September 18, 2009)

Every once in a while you hear a story that is just stunning in the stupidity of the actors. I mean, we in the criminal law and justice professions probably see more of this than other folks but this one's over the top.

Canal, a high school student, sent two emails to a fourteen year old girl which followed the practice of so called 'sexting'-sending a text message with a photo of one's....ahem....attributes attached.

After being urged on by the 14 year old, the photos of Canal's tackle were sent.

Well. Mom was on the case monitoring the email, saw the photos, and they ended up in the hands of police. Canal was charged with disseminating obscene material to a minor, convicted, lost his deferred judgment and was required to register as a sex offender.

Canal appeals arguing that the evidence was insufficient to establish the emails and photos were obscene, and he blames his lawyer for ineffective assistance.

The Supreme Court held that a rational jury could find that the material was obscene as judged by its own community standards.


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