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STATE v. MACHHOLZ

No. CX-96-1865.

574 N.W.2d 415 (1998)

STATE of Minnesota, Respondent, v. Kurtis Dean MACHHOLZ, petitioner, Appellant.

Supreme Court of Minnesota.

January 22, 1998.

Attorney(s) appearing for the Case

Dunlap & Seeger, P.A., Peter C. Sandberg, Rochester, for appellant.

Hubert H. Humphrey III, Atty. Gen., Raymond F. Schmitz, Geoffrey A. Hjerleid, Rochester, for respondent.

Gay & Lesbian Community Action Council, Joni M. Thome, Minneapolis, amicus curiae.

Minnesota Civil Liberties Union, Sean A. Shiff, St. Paul, amicus curiae.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

Appellant Kurtis Dean Machholz is charged with felony harassment in violation of Minn.Stat. § 609.749, subds. 1(1), 2(7), and 3(1). At a pre-trial hearing, Machholz moved to dismiss the charges against him, claiming that subdivision 2(7), read in conjunction with subdivision 1(1), and subdivision 3(1) of Minn. Stat. § 609.749 are invalid under the First Amendment of the United States Constitution as vague and overbroad on...

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