CITY OF CLEVELAND v. POWELL

Nos. 90 CRB 29846, 90 CRB 24497.

61 Ohio Misc.2d 784 (1991)

CITY OF CLEVELAND v. POWELL.

Cleveland Municipal Court, Ohio.

Decided July 2, 1991.


Attorney(s) appearing for the Case

Mark A. McClain, Chief Prosecutor, and Traci Hixson, Assistant Prosecutor, for the city.

Thomas M. Shaughnessy, for defendant.


RONALD B. ADRINE, Judge.

The defendant, Henry Powell, has moved this court for an order declaring Sections 605.09 and 605.10 of the Codified Ordinances of the city of Cleveland (hereinafter "M.C.") to be unconstitutional and dismissing the charges against him accordingly. It is the defendant's contention that both ordinances are drafted in so vague a fashion that they "`fail[] to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden...

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