Legal Opinion
Williams v. Osmundson
Supreme Court of Iowa
Decided July 25, 1979No. 62354PublishedCited by 22 opinions
1Opinion of the Court
UHLENHOPP, Justice.
Plaintiffs sought a writ of certiorari in this court to challenge the district court’s refusal to dismiss riot charges under section 723.1, The Code 1979. We granted a writ. In district court plaintiffs had sought dismissal of the charges on the ground that section 723.1 is unconstitutionally vague and overbroad and creates an irrational and arbitrary statutory presumption.
Our scope of review is an independent evaluation of the totality of the circumstances. See Hightower v. Peterson, 235 N.W.2d 313, 317 (Iowa 1975).
Section 723.1 provides:
A riot is three or more persons…
2Cases cited27 opinions
- Buckley v. ValeoSupreme Court of the United States · 1976
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Cox v. LouisianaSupreme Court of the United States · 1965
- Winters v. New YorkSupreme Court of the United States · 1948
22 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Faulk v. StateCourt of Criminal Appeals of Texas · 1980
- Saadiq v. StateSupreme Court of Iowa · 1986
- State v. ConnerSupreme Court of Iowa · 1980
- State v. SullivanSupreme Court of Iowa · 1980
- City of Baton Rouge v. RossSupreme Court of Louisiana · 1995
17 more not listed; retrieve them via the Exa API.