Legal Opinion

Wells v. State

Indiana Court of Appeals

Decided July 14, 1976No. 3-1174A196PublishedCited by 20 opinions

1Opinion of the CourtGarrard, J.

— Dean Wells was convicted of visiting a common nuisance in violation of one of the provisions of the Indiana Controlled Substances Act, IC 1971, 35-24.1-4-3.5 (Burns Supp. 1974).

He asserts that the evidence failed to establish that he “visited” the residence in question, and that it failed to establish that the residence was a common nuisance. In addition, he attempts to challenge the constitutionality of the statute. We find the evidence sufficient and that Wells lacks standing to assert his claim of overbreadth. We therefore affirm.

The evidence is basically undisputed. On February 24,…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Indiana Department of State Revenue v. Colpaert Realty Corp.Indiana Supreme Court · 1952
  3. Simmons v. StateIndiana Supreme Court · 1955
  4. Lamb v. StateIndiana Supreme Court · 1975
  5. State v. BigbeeIndiana Supreme Court · 1973

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3Cited by20 opinions

  1. Wheeler v. LawsonCourt of Appeals for the Seventh Circuit · 2008
  2. State v. ReisSupreme Court of Rhode Island · 1981
  3. Barnes v. StateSupreme Court of Georgia · 1986
  4. Jerold W. Leatherman v. State of IndianaIndiana Court of Appeals · 2018
  5. Church of Christ in Indianapolis v. Metropolitan Board of Zoning AppealsIndiana Court of Appeals · 1978

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