Sullivan v. Marchilli, No. 15-1191 (1st Cir. 2016)
Annotate this CaseDefendant was convicted under a Massachusetts statute of possessing child pornography as a repeat offender. The Massachusetts Appeals Court (MAC) affirmed. Defendant later filed a petition for federal habeas relief under 28 U.S.C. 2254. The district court denied the petition. The First Circuit affirmed, holding (1) Defendant’s claim that possession falls within the protection of the First Amendment when the photograph depicts a merely nude minor but is not an expression of lewdness was unavailing; (2) the MAC did not act contrary to or unreasonably apply clear law as declared by the Supreme Court or apply it to facts and factual inferences not reasonably supported by the evidence; and (3) the certificate of appealability the district court granted Defendant did not extend to a claim that the evidence was inadequate to support a finding beyond a reasonable doubt of every element of the offense.
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