TUROSO v. CLEVELAND MUNICIPAL COURT

Nos. 80-3696, 80-3728, 80-3742, 80-3743, 80-3817 and 81-3127.

674 F.2d 486 (1982)

Frank TUROSO, Petitioner-Appellee (80-3742/3), Petitioner-Appellant (80-3696), Laura Spiker, Petitioner-Appellee (80-3728), Dalene Burgun, Petitioner-Appellant (80-3817), William Lee, Petitioner-Appellee (81-3127), v. The CLEVELAND MUNICIPAL COURT, the Honorable Salvatore Calandra, Richard M. Brennan, Frank O'Bell and William J. Brown, Respondents-Appellees (80-3696) (80-3817), Respondents-Appellants (80-3728, 3742, 3743 and 81-3127).

United States Court of Appeals, Sixth Circuit.

Decided February 4, 1982.

Rehearing Denied April 15, 1982.


Attorney(s) appearing for the Case

Bernard A. Berkman, J. Michael Murray, Berkman, Gordon, Levy, Murray & Palda, Cleveland, Ohio, for petitioners.

Bruce A. Taylor, Phoenix, Ariz., Donald F. Black, Asst. Director of Law, Cleveland, Ohio, William J. Brown, Atty. Gen., Richard David Drake, Asst. Atty. Gen., Columbus, Ohio, for respondents.

Before ENGEL and MERRITT, Circuit Judges, and HOGAN, District Judge.


ENGEL, Circuit Judge.

In these six consolidated appeals, four habeas corpus petitioners assert that their convictions were invalid because the Ohio obscenity statute under which they were charged is constitutionally overbroad and vague. It is vague, they claim, because its language is confusing and fails to apprise them and others of what conduct is proscribed by the statute. It is overbroad, they claim, because it proscribes conduct which is protected expression...

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