Legal Opinion
Garner v. White
Court of Appeals for the Eighth Circuit
Decided January 25, 1984No. 82-1864PublishedCited by 30 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
The issue before us is the constitutionality of two Arkansas drug paraphernalia statutes.
In February, 1981, Arkansas enacted Act 78 which criminalized the possession, use, sale and manufacture of drug paraphernalia. Ark.Stat.Ann. §§ 82-2601(y), 2619(c), 2629(i) (1981). Retailers selling smoking devices and other objects potentially embraced by Act 78 brought a pre-enforcement facial challenge principally alleging that the Act was unconstitutionally vague and overbroad. The district court1 granted a preliminary injunction in anticipation of this court’s decision…
2Cases cited36 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
- United States v. O'BrienSupreme Court of the United States · 1968
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
31 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. Posters 'N' Things Ltd.Court of Appeals for the Eighth Circuit · 1992
- Edwards v. StateSupreme Court of Arkansas · 1989
- Moore v. StateSupreme Court of Arkansas · 1988
- Commonwealth v. JasminMassachusetts Supreme Judicial Court · 1986
- In Re HigginbothamUnited States Bankruptcy Court, N.D. Oklahoma · 1990
25 more not listed; retrieve them via the Exa API.