EADES ET UX.

v.

CLARK DISTRIBUTING CO., INC., ET AL.

Citator

Cited By

• State v. Ross, 792 So. 2d 699 (Fla. 5th DCA 2001)
  …production of photographs allegedly constituting child pornography.1 We have jurisdiction. See Fla. R.App. P. 9.030(b)(2). In light of our adoption of the reasoning set forth in United States v. Kimbrough, 69 F. 3d 723 (5th Cir.1995), cert. denied, 517 U.S. 1157, 116 S.Ct. 1547, 134 L.Ed.2d 650 (1996), we vacate the trial court’s order and remand for further proceedings. Ross has been charged with thirty counts of possessing material depicting sexual conduct by a child in violation of section 827.071(5) of…

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• Freund v. Butterworth, 165 F.3d 839 (11th Cir. 1999)
  …onflict arose.”). Nor do we accept the State’s view that Cuyler’s “adverse effect” prong should not apply in a successive representation case. It points to the Fifth Circuit’s decision in Beets v. Scott, 65 F. 3d 1258 (5th Cir.1995), cert. denied, 517 U.S. 1157, 116 S.Ct. 1547, 134 L.Ed.2d 650 (1996), and asserts that a Strickland “prejudice” analysis (that is, a reasonable probability that the verdict would have been different but for the conflict) is more appropriate than Cuyler’s more lax “adverse effec…
• United States v. Tucker, 136 F.3d 763 (11th Cir. 1998)
  …995) (quoting United States v. Saylor, 959 F. 2d 198, 200 (11th Cir.1992))). The Fifth Circuit has found that enhancement under § 2G2.2(b)(3) has an intent requirement. In United States v. Kimbrough, 69 F. 3d 723, 734 (5th Cir.1995), cert. denied, 517 U.S. 1157, 116 S.Ct. 1547, 134 L.Ed.2d 650 (1996), the court found that pictures of a minor female in bondage downloaded onto the defendant’s computer were sufficient evidence to conclude that the defendant had intentionally ordered and possessed pornography…