State v. Adkins
Nebraska Supreme Court
241 N.W.2d 655 (1976)
- Written by Carolyn Strutton, JD
Facts
James Adkins and Daniel Sutherland (defendants) were in a car in which another party was using illegal drugs. Adkins and Sutherland were charged under a Nebraska state law that made it unlawful for a person to be in a place where someone else was illegally using a controlled substance if the person knew that such conduct was occurring. Both Adkins and Sutherland filed a motion to dismiss the charges, claiming that the statute was unconstitutionally overbroad and vague and therefore violated their due-process rights. The county court sustained the motions and dismissed the charges. The county attorney appealed the ruling to the district court, which affirmed the ruling and held that the statute was unconstitutionally vague and overbroad on its face. The county attorney appealed the district court’s ruling.
Rule of Law
Issue
Holding and Reasoning (Brodkey, J.)
Dissent (Spencer, J.)
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