Case Briefing
State v. Metzger
319 N.W.2d 459 (Neb. 1982)
History
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating statute 9.52.100 of the Lincoln Municipal Code. Metzger appealed to the Nebraska Supreme Court.
Facts
At about 7:45 a.m. on April 30, 1981, a man was pulling into a parking space directly in front of Mr. Metzger’s open front apartment window. While doing so he witnessed Mr. Metzger standing in the window completely nude from the thighs up. The witness called the police who arrived at the apartment building at 8:00 a.m. and also witnessed Mr. Metzger standing nude in the window but at this time he was eating a bowl of cereal. Both the arriving officers and the witness testified against Mr. Metzger stating that from the thigh up of his nude body was clearly visible to civilians passing in front of the window.
Issue
The issue presented in front of the court by this appeal is whether the ordinance of 9.52.100 of the Lincoln Nebraska Municipal Code, as drafted, is so vague as to be unconstitutional.
Ruling
Reversed and dismissed. The court finds that statute 9.52.100 of the Lincoln Municipal Code must be declared invalid due to the fact that a citizen cannot be held to answer charges based upon penal statutes whose mandates are so uncertain that they will reasonably admit of different constructions. Because the ordinance is therefore declared invalid, the conviction cannot stand
People v. Rokicki
718 N.E.2d 333 (Ill.App. 1999)
History
Kenneth Rokicki was charged and convicted of a hate crime based on the predicate offense of disorderly conduct. Before the case went to trial, Rokicki moved to dismiss the charges alleging, among other things, that the hate crime statute was unconstitutional. His motion was denied. Upon waving his right to a jury trial, Rokicki’s case proceeded to bench trial where he received a sentence of two years of probation, anger management counseling, and 100 hours of
319 N.W.2d 459 (Neb. 1982)
History
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating statute 9.52.100 of the Lincoln Municipal Code. Metzger appealed to the Nebraska Supreme Court.
Facts
At about 7:45 a.m. on April 30, 1981, a man was pulling into a parking space directly in front of Mr. Metzger’s open front apartment window. While doing so he witnessed Mr. Metzger standing in the window completely nude from the thighs up. The witness called the police who arrived at the apartment building at 8:00 a.m. and also witnessed Mr. Metzger standing nude in the window but at this time he was eating a bowl of cereal. Both the arriving officers and the witness testified against Mr. Metzger stating that from the thigh up of his nude body was clearly visible to civilians passing in front of the window.
Issue
The issue presented in front of the court by this appeal is whether the ordinance of 9.52.100 of the Lincoln Nebraska Municipal Code, as drafted, is so vague as to be unconstitutional.
Ruling
Reversed and dismissed. The court finds that statute 9.52.100 of the Lincoln Municipal Code must be declared invalid due to the fact that a citizen cannot be held to answer charges based upon penal statutes whose mandates are so uncertain that they will reasonably admit of different constructions. Because the ordinance is therefore declared invalid, the conviction cannot stand
People v. Rokicki
718 N.E.2d 333 (Ill.App. 1999)
History
Kenneth Rokicki was charged and convicted of a hate crime based on the predicate offense of disorderly conduct. Before the case went to trial, Rokicki moved to dismiss the charges alleging, among other things, that the hate crime statute was unconstitutional. His motion was denied. Upon waving his right to a jury trial, Rokicki’s case proceeded to bench trial where he received a sentence of two years of probation, anger management counseling, and 100 hours of