State v. Weinstein
Court of Appeals of Arizona
1Opinion of the Court
OPINION
GERBER, Presiding Judge.
The state appeals the trial court’s dismissal of a theft by extortion charge against defendant Eric Haywood Weinstein (Weinstein). We conclude that Arizona Revised Statutes Annotated (A.R.S.) section 13-1804(A)(6), under which Weinstein was indicted, is unconstitutionally overbroad because it encompasses a substantial amount of protected speech. Accordingly, we affirm the trial court’s ruling.
BACKGROUND
Weinstein was indicted on charges of first-degree computer fraud, a class 3 felony, in violation of A.R.S. section 13-2316(A), and theft by extortion, a class 4…
2Cases cited14 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Kolender v. LawsonSupreme Court of the United States · 1983
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
- National Ass'n for the Advancement of Colored People v. Claiborne Hardware Co.Supreme Court of the United States · 1982
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- United States v. JacksonDistrict Court, S.D. New York · 1997
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