Legal Opinion

Stoltz v. Commonwealth

Supreme Court of Virginia

Decided August 1, 2019No. Record No. 181033PublishedCited by 1 opinion

1Opinion of the Court

Code § 18.2-374.3(C) (emphasis added). Stoltz argues that the phrase "reason to believe," id. , renders this statute unconstitutionally vague and overbroad. We disagree.

A

The Court of Appeals found that Stoltz had "abandoned" any argument regarding facial unconstitutionality in his oral argument before that court and had thus limited himself to an as-applied challenge to the statute. See Stoltz , 2018 WL 3027015, at *1 n.1. Although Stoltz claims that he did not abandon his facial challenge, he does not assign error to the abandonment finding of the Court of Appeals. See Rule 5:17(c)(1)(i). As…

2Cases cited21 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Broadrick v. OklahomaSupreme Court of the United States · 1973
  4. Connally v. General Construction Co.Supreme Court of the United States · 1926
  5. Smith v. GoguenSupreme Court of the United States · 1974

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3Cited by1 opinion

  1. Carlos Gomez-Ruotolo v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2024

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