Legal Opinion

State v. Alphonse

Court of Appeals of Washington

Decided December 29, 2008No. 58449-9-IPublishedCited by 6 opinions

1Opinion of the CourtAgid, J.

¶1 Edison Alphonse appeals his convictions for felony and misdemeanor telephone harassment. He challenges the sufficiency of the evidence, asserting that RCW 9.61.230 must be construed to require proof that he had the intent to harass, intimidate, torment, or embarrass when he initiated the call. He also contends that the terms “to embarrass,” “lewd,” “lascivious,” “indecent,” and “obscene” render the statute unconstitutionally overbroad on its face and vague as applied to his conduct and that, as applied, the statute violated his First Amendment right to lawfully petition a government…

2Cases cited49 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Kolender v. LawsonSupreme Court of the United States · 1983
  4. Shapiro v. ThompsonSupreme Court of the United States · 1969
  5. Chaplinsky v. New HampshireSupreme Court of the United States · 1942

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3Cited by6 opinions

  1. In re the Marriage of MeredithCourt of Appeals of Washington · 2009
  2. Gina M. Childs v. Robert A. Ballou Jr.Supreme Judicial Court of Maine · 2016
  3. State v. SimsCourt of Appeals of Washington · 2009
  4. State v. SimsCourt of Appeals of Washington · 2009
  5. In re Pers. Restraint of WintonWashington Supreme Court · 2020

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