Legal Opinion
Joseph Lamar v. Fred Banks, Warden, Gwinnett County Correctional Institute
Court of Appeals for the Eleventh Circuit
Decided August 26, 1982No. 81-7347PublishedCited by 18 opinions
1Opinion of the Court
ARNOLD, Circuit Judge:
Petitioner Joseph Lamar appeals the denial by the District Court of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. He alleges, among other things, that the Georgia “fighting words” statute under which he was charged and convicted, Ga.Code § 26-2610(a), is unconstitutional both on its face and as applied to the petitioner. We hold that the statute is not invalid on its face, but reverse and remand for an evidentiary hearing on Lamar’s contention that the statute is unconstitutional as applied to his ease.
I
On the morning of October 1, 1979, petitioner, a…
2Cases cited19 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Townsend v. SainSupreme Court of the United States · 1963
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- Sumner v. MataSupreme Court of the United States · 1981
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Stokes v. SingletaryCourt of Appeals for the Eleventh Circuit · 1992
- E.J. Wilson, Dearest Davis, and Cassandra Linder, Plaintiffs v. Roland AttawayCourt of Appeals for the Eleventh Circuit · 1985
- Commonwealth v. HockSupreme Court of Pennsylvania · 1999
- Larry Wurtz, and v. Henry Risley, and the Attorney General of the State of Montana, Michael T. Greeley, Additional AndCourt of Appeals for the Ninth Circuit · 1983
- State v. SzymkiewiczSupreme Court of Connecticut · 1996
13 more not listed; retrieve them via the Exa API.