Legal Opinion
State v. Mello
Court of Appeals of North Carolina
Decided November 3, 2009No. COA08-1054PublishedCited by 9 opinions
1Opinion of the Court
HUNTER, JR., Robert N., Judge.
Defendant Gary Frances Mello (“defendant”) appeals his conviction under Winston-Salem City Ordinance § 38-29 (“the Ordinance”) for loitering for the purpose of engaging in drug-related activity. Defendant argues that the Ordinance is unconstitutional on grounds of overbreadth and vagueness. We agree.
I. Background
On 25 February 2007 and 4 June 2007, a Forsyth County Grand Jury returned superseding indictments charging defendant with the following offenses allegedly committed on 28 August 2006: three counts of assaulting a government official (involving Officers…
2Cases cited25 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
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3Cited by9 opinions
- State v. WhiteCourt of Appeals of North Carolina · 2011
- State v. SingletaryCourt of Appeals of North Carolina · 2016
- Hest Technologies, Inc. v. State Ex Rel. PerdueCourt of Appeals of North Carolina · 2012
- State v. BishopCourt of Appeals of North Carolina · 2015
- Hest Technologies, Inc. v. State Ex Rel. PerdueCourt of Appeals of North Carolina · 2012
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