Legal Opinion
Schwartzmiller v. Gardner
Court of Appeals for the Ninth Circuit
Decided December 20, 1984No. Nos. 83-4014, 83-4056PublishedCited by 90 opinions
1Opinion of the Court
WALLACE, Circuit Judge:
Schwartzmiller filed a petition for writ of habeas corpus, challenging his conviction and confinement on three counts under Idaho Code § 18-6607 (1979) (now amended by Idaho Code § 18-1508 (Supp.1984)), for performing lewd and lascivious acts on a child, on the ground that the statute is unconstitutionally vague. The district court declared the statute to be unconstitutionally vague on its face, but not as applied to some but not all of Schwartzmiller’s conduct. Schwartzmiller v. Gardner, 567 F.Supp. 1371, 1376-79 (D.Idaho 1983). Schwartzmiller appeals the district…
2Cases cited37 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Picard v. ConnorSupreme Court of the United States · 1971
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Fay v. NoiaSupreme Court of the United States · 1963
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
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3Cited by90 opinions
- Robert A. Prather v. John Rees, WardenCourt of Appeals for the Sixth Circuit · 1987
- Raymond Edward Middleton v. Hoyt C. Cupp, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1985
- City of Spokane v. DouglassWashington Supreme Court · 1990
- Kevin Winston Osborn v. Duane Shillinger, Warden of the Wyoming State Penitentiary A.G. McClintock the Attorney General of the State of WyomingCourt of Appeals for the Tenth Circuit · 1988
- United States v. FregaCourt of Appeals for the Ninth Circuit · 1999
85 more not listed; retrieve them via the Exa API.