Legal Opinion
Richard L. Balthazar v. Superior Court of the Commonwealth of Massachusetts
Court of Appeals for the First Circuit
Decided April 4, 1978No. 77-1159PublishedCited by 44 opinions
1Opinion of the Court
WOLLENBERG, District Judge.
This is an appeal from an order of the United States District Court for the District of Massachusetts issuing a writ of habeas corpus under 28 U.S.C. § 2241. The petitioner’s challenge to his conviction under Mass.Gen.Laws ch. 272, § 35 for having committed the “unnatural and lascivious acts” of fellatio and oral-anal contact was sustained on the basis that the statute as applied was unconstitutionally vague. The court held further that petitioner had exhausted state remedies as required under 28 U.S.C. § 2254 on his alternative claim — that he was entitled to a new…
2Cases cited26 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- United States v. HarrissSupreme Court of the United States · 1954
- Smith v. GoguenSupreme Court of the United States · 1974
21 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Commonwealth v. ApplebyMassachusetts Supreme Judicial Court · 1980
- United States v. Theodore v. AnzaloneCourt of Appeals for the First Circuit · 1985
- Brianna Stephenson v. Davenport Community School District Davenport Community School Board Jim Foy, Individually William Rettko, IndividuallyCourt of Appeals for the Eighth Circuit · 1997
- Commonwealth v. CassMassachusetts Supreme Judicial Court · 1984
- James E. Domaingue v. Fred ButterworthCourt of Appeals for the First Circuit · 1981
39 more not listed; retrieve them via the Exa API.