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Supreme Court

Osborne v. Ohio (No. 88-5986)
37 Ohio St.3d 249, 525 N.E.2d 1363, reversed and remanded.
Syllabus

Opinion
[ White ]
Concurrence
[ Blackmun ]
Dissent
[ Brennan ]
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BLACKMUN, J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

495 U.S. 103

Osborne v. Ohio

APPEAL FROM THE SUPREME COURT OF OHIO

No. 88-5986 Argued: Dec. 5, 1989 --- Decided: April 18, 1990

Justice BLACKMUN, concurring.

I join the Court's opinion. I write separately only to express my agreement with Justice BRENNAN, see post at 146, n. 20, that this Court's ability to entertain Osborne's due process claim premised on the failure of the trial court to charge the "lewd exhibition" and "graphic focus" elements does not depend upon his objection to this failure at trial.