Two appeals to the State Appellate Court failed to have the case reversed or reheard in Florida. During the first appeal process, the prosecution used evidence gathered after the original trial, a move that, according to the CBLDF, is usually considered unethical. On May 31, 1996, Douglas Baird upheld Diana's conviction on two of the counts, affirming the original ruling that Diana's work was "patently offensive" and that if Diana's intent was to show "that horrible things are happening in our society, [he] should have created a vehicle to send his message that was not obscene."Spence, Kristin (October 1996). "Boiled Diana". Wired. Issue 4.10. The only count of the three that was judged incorrect was the one for advertising obscene material, because the advertisement in question was the "Be on the lookout for the next issue #8!" blurb that ran in issue #7, and the Court agreed that it was improper to convict someone for advertising material that had not yet been created since Diana could not, at the time, know the nature or character of the work.
