(DOWNLOAD) "Garton v. State" by Supreme Court of Wyoming " Book PDF Kindle ePub Free
eBook details
- Title: Garton v. State
- Author : Supreme Court of Wyoming
- Release Date : January 31, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This case comes before the court upon an order granting in part a Petition for Writ of Review, with the primary question being whether WYO. STAT. § 6-2-506(e)(iii) (Supp. 1995), which makes a violation of the stalking statute a felony if the offense is committed "in violation of any condition of probation, parole or bail," is unconstitutionally vague or violates the constitutional right of a defendant to equal protection. In addition, the petitioner, Roy L. Garton (Garton), contends the stalking statute is unconstitutionally vague and overbroad in violation of the First, Fifth, and Fourteenth Amendments to the Constitution of the United States and Article 1, Sections 2 and 6 of the Constitution of the State of Wyoming. In recent cases, we have upheld this statute against the contentions that it is unconstitutionally vague and unconstitutionally overbroad, and we abide by those determinations. We hold that the specific provision making the offense a felony if committed in violation of any condition of probation, parole, or bail is not unconstitutionally vague and does not violate the defendants right to equal protection. The case is remanded to the district court for further proceedings in accordance with this opinion.
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