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MIRANDA v. HICKS

Civ. No. 73-2775-F.

388 F.Supp. 350 (1974)

Vincent MIRANDA, doing business as Walnut Properties, and Pussycat Theatre Hollywood, a California corporation, Plaintiffs, v. Cecil HICKS, District Attorney of the County of Orange, State of California, et al., Defendants.

United States District Court, C. D. California.

Supplemental Memorandum Opinion September 30, 1974.

Attorney(s) appearing for the Case

Fleishman, McDaniel, Brown & Weston by David M. Brown, Hollywood, Cal., for plaintiff.

Cecil Hicks, Dist. Atty., County of Orange, State of California, Michael R. Capizzi, Asst. Dist. Atty., Oretta D. Sears, by John D. Conley, Deputy Dist. Attys., Santa Ana, Cal., Cecil Hicks, Jr., Oretta Sears, Santa Ana, Cal., Kinkle, Rodiger, Graf, Dewberry & Spriggs by Robert P. Long and Holden & Bevins, Anaheim, Cal., by Ronald H. Bevins, City Atty., Buena Park, Cal., for defendants Dudley D. Gourley, Arthur Fontecchio, Richard Hafdahl and Daniel Harrison.

Before ELY, Circuit Judge, and EAST, and FERGUSON, District Judges.

MEMORANDUM OPINION

PER CURIAM.

The primary issue presented is whether the California obscenity statute as interpreted by the state courts of California meets the constitutional standards mandated by the Supreme Court in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d 419 (1973). We hold that it does not.

The facts which give rise to the litigation are as follows:

1. On November 20, 1973, anticipating...

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