Legal Opinion
Gesicki v. Oswald
District Court, S.D. New York
Decided December 22, 1971No. 71 Civ. 3276PublishedCited by 26 opinions
1Opinion of the Court
OPINION
IRVING R. KAUFMAN, Circuit Judge:
This class action presents an issue of fundamental, importance concerning the power of a state to enforce against juveniles a purportedly non-criminal statute which permits commitment of defendants to adult criminal correctional programs and facilities, but is impermissibly vague if judged by the standards applicable to penal laws. We hold that the particular provisions at issue, on their face, violate due process of law.
The procedural and factual background is well presented in Judge Lasker’s opinion requesting that this three-judge court be convened.…
2Cases cited25 opinions
- In Re GAULTSupreme Court of the United States · 1967
- Connally v. General Construction Co.Supreme Court of the United States · 1926
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- Lanzetta v. New JerseySupreme Court of the United States · 1939
- Coates v. City of CincinnatiSupreme Court of the United States · 1971
20 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States Ex Rel. Lois Sero v. Peter PreiserCourt of Appeals for the Second Circuit · 1975
- Blondheim v. StateWashington Supreme Court · 1975
- In re Patricia A.New York Court of Appeals · 1972
- The Black Coalition, an Unincorporated Association, and Cross-Appellees v. Portland School District No. 1, and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1973
- Valarie Goguen v. Joseph Smith, Sheriff of Worcester CountyCourt of Appeals for the First Circuit · 1972
21 more not listed; retrieve them via the Exa API.