He may or may not be governor of California by then, but, no matter. Attorneys for Larry Flynt and his brother, Jimmy Flynt, are due back in court in Cincinnati, October fourteenth.

The Hamilton County prosecutor says the Flynts should stand trial on a 1998 indictment because they violated an agreement not to sell sexually explicit videotapes in the Cincinnati area.

The Flynt brothers are fighting the county’s effort to put them on trial. They have asked a state appeals court to halt the proceedings against them.

Defense lawyers say the Flynts were dismissed as defendants in their 1999 agreement with Hamilton County, and that only their Cincinnati store entered a plea and remained as a defendant in the case.