Legal Opinion

State v. Weinstein

Court of Appeals of Arizona

Decided June 20, 1995No. 1 CA-CR 94-0093PublishedCited by 7 opinions

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

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Kolender v. LawsonSupreme Court of the United States · 1983
  3. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  4. Doran v. Salem Inn, Inc.Supreme Court of the United States · 1975
  5. National Ass'n for the Advancement of Colored People v. Claiborne Hardware Co.Supreme Court of the United States · 1982

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3Cited by7 opinions

  1. State v. McLambCourt of Appeals of Arizona · 1996
  2. Nordstrom, Inc. v. Maricopa CountyCourt of Appeals of Arizona · 2004
  3. State v. OchoaCourt of Appeals of Arizona · 1997
  4. State v. GillCourt of Appeals of Arizona · 2014
  5. United States v. JacksonDistrict Court, S.D. New York · 1997

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