SCHWARTZMILLER v. GARDNER

Nos. 83-4014, 83-4056.

752 F.2d 1341 (1984)

Dean A. SCHWARTZMILLER, Petitioner-Appellant, v. Darrol GARDNER, Warden, Idaho State Correctional Institution, and the State of Idaho, Respondents-Appellees. Dean A. SCHWARTZMILLER, Petitioner-Appellee, v. Darrol GARDNER, Warden, Idaho State Correctional Institution, and the State of Idaho, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 20, 1984.


Attorney(s) appearing for the Case

John P. Ward, San Francisco, Cal., for petitioner-appellant.

Myrna Stahman, Deputy Atty. Gen., Boise, Idaho, for respondents-appellees.

Before WALLACE, ALARCON, and NELSON, Circuit Judges.


WALLACE, Circuit Judge:

Schwartzmiller filed a petition for writ of habeas corpus, challenging his conviction and confinement on three counts under Idaho Code § 18-6607 (1979) (now amended by Idaho Code § 18-1508 (Supp.1984)), for performing lewd and lascivious acts on a child, on the ground that the statute is unconstitutionally vague. The district court declared the statute to be unconstitutionally vague on its face, but not as applied to some but not...

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