green
Positive treatment
Quoted verbatim 4×
9.0 score
G Cite
cited 2× by 2 distinct cases, last quoted 2004 ·
…because of the sexual innocence of children, that which constitutes 'lascivious exhibition' of a child's genitals will be different from that of a 'lascivious or lewd exhibition' of an adult's genitals.
⚠ not in text
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Commonwealth v. Rex
lascivious' is no different in its meaning than 'lewd
examined
Cited as authority (quoted)
George v. State
because of the sexual innocence of children, that which constitutes 'lascivious exhibition' of a child's genitals will be different from that of a 'lascivious or lewd exhibition' of an adult's genitals.
examined
Cited as authority (quoted)
Cummings v. State
because of the sexual innocence of children, that which constitutes 'lascivious exhibition' of a child's genitals will be different from that of a 'lascivious or lewd exhibition' of an adult's genitals.
discussed
Cited as authority (quoted)
Phoenix Baptist Hospital & Medical Center v. United States
negligence ... is irrelevant to the discretionary function issue.
discussed
Cited "see"
Commonwealth v. Savich
“A trier of fact need not find that the material appeals to the prurient interest of the average person; it is not required that sexual conduct portrayed be done so in a patently offensive manner; and the material at issue need not be considered as a whole.” Ferber, 458 U.S. at 764 , 102 S.Ct. at 3358 ; accord United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir.1987) (child depicted is not required to have assumed a sexually inviting manner), cert. denied, 484 U.S. 856 , 108 S.Ct. 164 , 98 L.Ed.2d 118 (1987); see also United States v. Wolf, 890 F.2d 241, 243 (10th Cir.1989) (child need …
discussed
Cited "see"
First Trust Co. of North Dakota v. Rub
See *585 United Bank of Bismarck v. Young, 401 N.W.2d 517 , 519 n. 1 (N.D.1987), cert. denied, 484 U.S. 856 , 108 S.Ct. 165 , 98 L.Ed.2d 119 (1987); First Trust Co. of N.D. v. Conway, 428 N.W.2d 795 (N.D.1988).
discussed
Cited "see"
Rosemary Weissich Jill Elaine Weissich v. United States of America
See Mitchell v. United States, 787 F.2d 466, 468 (9th Cir.1986), cert. denied, 484 U.S. 856 , 108 S.Ct. 163 , 98 L.Ed.2d 118 (1987) (The FTCA exempts discretionary functions “whether or not the discretion involved be abused.”).
cited
Cited "see"
State v. Saulsbury
See, U.S. v. Wiegand, 812 F.2d 1239 (9th Cir. 1987), cert. denied 484 U.S. 856 , 108 S. Ct. 164 , 98 L.
discussed
Cited "see"
Robinson v. State
See Russell v. State, 727 S.W.2d 573, 576 (Tex. Cr.App.), cert. denied, 484 U.S. 856 , 108 S.Ct. 164 , 98 L.Ed.2d 119 (1987) (a defendant’s inquiry into interrogating officer's opinion on the necessity of the presence of counsel during interrogation is not a clear invocation of the right to counsel). .
cited
Cited "see"
Phoenix Baptist Hospital and Medical Center, Inc. v. United States
See Mitchell v. United States, 787 F.2d 466, 467 (9th Cir.1986), cert. denied, 484 U.S. 856 , 108 S.Ct. 163 , 98 L.Ed.2d 118 (1987).
discussed
Cited "see"
United States v. Joseph Russell Mikalajunas, Jr.
(2×)
See United States v. Crisp, 817 F.2d 256 (4th Cir.), cert. denied, 484 U.S. 856 , 108 S.Ct. 164 , 98 L.Ed.2d 118 (1987)
discussed
Cited "see"
United States v. Robert David Villard
(2×)
See United States v. Dost, 636 F.Supp. 828, 831 (S.D.Cal.1986), aff'd sub nom, United States v. Weigand, 812 F.2d 1239 (9th Cir.), cert. denied, 484 U.S. 856 , 108 S.Ct. 164 , 98 L.Ed.2d 118 (1987); see also United States v. Rubio, 834 F.2d 442, 447-48 (5th Cir.1987). 6 In determining the meaning of “lascivious exhibition of the genitals or pubic area” under 18 U.S.C. § 2256 (2)(E), we are aided in particular by one court’s development of six factors for the trier of fact to consider.
discussed
Cited "see, e.g."
United States v. Brunette
See United States v. X-Citement Video, Inc., 513 U.S. 64 , 115 S.Ct. 464 , 130 L.Ed.2d 372 (1994) (Supreme Court rejected claim that word “lascivious” was overbroad or vague for purposes of § 2256 and expressly adopted circuit court’s finding that use of term constitutional); see also United States v. Wiegand, 812 F.2d 1239, 1243-44 (9th Cir.), cert. denied, 484 U.S. 856 , 108 S.Ct. 164 , 98 L.Ed.2d 118 (1987).
discussed
Cited "see, e.g."
State v. Meyer
(2×)
See, e.g., United Bank of Bismarck v. Young, 401 N.W.2d 517 (N.D. 1987), cert. den'd 484 U.S. 856 , 108 S.Ct. 165 , 98 L.Ed.2d 119 (1987).
discussed
Cited "see, e.g."
Risk v. Halvorsen
See e.g., Mitchell v. United States, 787 F.2d 466, 468 (9th Cir.1986) (planning-operational distinction has been abandoned), cert. denied, 484 U.S. 856 , 108 S.Ct. 163 , 98 L.Ed.2d 118 (1987); Chamberlin v. Isen, 779 F.2d 522, 524 (9th Cir.) (same); Begay v. United States, 768 F.2d 1059 , 1062-63 n. 2 (9th Cir.1985) (same).
discussed
Cited "see, e.g."
Larry Risk, Individually and as Guardian Ad Litem for Karima Risk and Jamil Risk v. K.I. Halvorsen Olaf Solli, Larry Risk, Individually and as Guardian Ad Litem for Karima Risk and Jamil Risk v. Kingdom of Norway
See e.g., Mitchell v. United States, 787 F.2d 466, 468 (9th Cir.1986) (planning-operational distinction has been abandoned), cert. denied, 484 U.S. 856 , 108 S.Ct. 163 , 98 L.Ed.2d 118 (1987); Chamberlin v. Isen, 779 F.2d 522, 524 (9th Cir.) (same); Begay v. United States, 768 F.2d 1059 , 1062-63 n. 2 (9th Cir.1985) (same). 18 Finally, appellant relies on Letelier v. Republic of Chile, 488 F.Supp. 665 (D.D.C.1980).
cited
Cited "see, e.g."
Aero Support Systems, Inc. v. Federal Deposit Insurance Corp.
See also Aircraft Trading and Services v. Braniff, Inc., 819 F.2d 1227 (2nd Cir.) cert, denied, 484 U.S. 856 , 108 S.Ct. 163 , 98 L.Ed.2d 118 (1987).
Retrieving the full opinion text from the archive…
Mitchell
v.
United States
v.
United States
No. 87-301.
Supreme Court of the United States.
Oct 5, 1987.
484 U.S. 856
C. A. 9th Cir. Certiorari denied.