Flynt v. Ohio
United States Supreme Court
451 U.S. 619 (1981)
Relevant factsFree
Ohio (plaintiff) charged Hustler magazine publisher Flynt and others (defendants) with disseminating obscenity based on a published cartoon; the defendants moved to dismiss on selective- and discriminatory-prosecution grounds under the Equal Protection Clause, which the trial court granted but the Ohio Supreme Court reversed, remanding for trial. Before trial occurred, the defendants sought certiorari from the U.S. Supreme Court on the equal-protection ruling.
IssueFree
Whether a federal issue decided against a criminal defendant by a state court of last resort prior to conviction is always a final judgment reviewable by the Supreme Court.