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COM. v. HICKS

Record No. 011728.

563 S.E.2d 674 (2002)

264 Va. 48

COMMONWEALTH of Virginia v. Kevin Lamont HICKS.

Supreme Court of Virginia.

June 7, 2002.

Attorney(s) appearing for the Case

Virginia B. Theisen, Assistant Attorney General (Randolph A. Beales/Jerry W. Kilgore, Attorney General, on briefs), for appellant.

Steven D. Benjamin, Richmond (Betty Layne DesPortes; Benjamin & DesPortes, on brief), for appellee.

Amici Curiae: City of Richmond and Richmond Redevelopment and Housing Authority (John A. Rupp, City Attorney; Norman B. Sales, Senior Assistant City Attorney; William G. Broaddus; Jonathan T. Blank; William H. Baxter, II; Godfrey T. Pinn, Jr., Richmond; McGuireWoods, on brief), in support of appellant; American Civil Liberties Union of Virginia, Inc. (Rebecca K. Glenberg, on brief), in support of appellee.

Present: All the Justices.

HASSELL, Justice.

The narrow issue that we consider in this appeal is whether a redevelopment and housing authority's trespass policy is overly broad and thereby violates, the First and Fourteenth Amendments to the Constitution of the United States.

I.

Kevin Lamont Hicks was charged with trespass in violation of Code § 18.2-119 and three violations of the conditions of suspended sentences imposed upon him for prior trespass convictions. He was...

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