#248358 - 06/13/0707:00 PMRe: Max Hardcore Indicted on Obscenity Charges
Anonymous
Unregistered
Quote: My humble prediction is that this case will go to the supreme court of FL and Max will win,The ACLU will have to get involved etc. Those mail fraud charges scare me though...we'll see
Max is going to be tried in Federal Court (Middle District of Florida.) The case will never go to the Florida Supreme Court. Instead it will first go to a 3-judge panel of the 11th Circuit Court of Appeals, where he will likely lose again. From there, he can either request that the case be heard en banc (meaning before the full panel of judges) or he can proceed to the US Supreme Court (assuming that the Court agrees to hear the case, which they likely would, if only to establish/re-affirm precident.) At that point, assuming the Court has the same make up as it does now, it will basically come down to Justice Kennedy, the lone swing vote since Sandra Day O'Connor retired. I haven't had time in recent weeks to review Justice Kennedy's prior decisions, so I can't say with any certainty how that would go. Basically, it's a toss up.
As for going to Europe, what no one has yet suggested on this board is the "Roman Polanski" scenario: Go to Trial, lose; Appeal, Lose; THEN flee to Europe. Makes sense to me.