PRINGLE v. COURT OF COMMON PLEAS

No. 85-5249.

778 F.2d 998 (1985)

Paula PRINGLE, Appellant, v. COURT OF COMMON PLEAS, Cumberland County, Pa. and Edgar Bayley, District Attorney of Cumberland County, Pa. and Leroy Zimmerman, Attorney General of the Commonwealth of Penna.

United States Court of Appeals, Third Circuit.

Decided December 12, 1985.


Attorney(s) appearing for the Case

Thomas M. Place (Argued), Carlisle, Pa., for appellant.

Leroy S. Zimmerman, Atty. Gen., Kate L. Mershimer (Argued), Deputy Atty. Gen., Andrew S. Gordon, Sr. Deputy Atty. Gen., Allen C. Warshaw, Chief Deputy Atty. Gen., Harrisburg, Pa., for Leroy S. Zimmerman.

Eric M. Noonan (Argued), Asst. Dist. Atty., Cumberland County, Carlisle, Pa., for Court of Common Pleas and Edgar Bayley.

Before ADAMS, Acting Chief Judge, HUNTER, Circuit Judge, and FISHER, District Judge.


OPINION OF THE COURT

PER CURIAM.

In a habeas corpus petition, appellant challenges her conviction in state court for violation of Pennsylvania's disorderly conduct statute. She argues that the conviction, based solely on her offensive speech addressed to police officers, was an abridgement of her due process and First Amendment rights. We find that her due process contention is controlled by Supreme Court precedent, and on that ground alone will reverse...

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