PEOPLE v. BOOMER

Docket No. 225747.

655 N.W.2d 255 (2002)

250 Mich. App. 534

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Timothy Joseph BOOMER, Defendant-Appellant.

Court of Appeals of Michigan.

Decided March 29, 2002, at 9:10 a.m.

Released for Publication July 11, 2002.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Curtis Broughton, Prosecuting Attorney, and Richard E. Vollbach, Assistant Prosecuting Attorney, for the people.

American Civil Liberties Union Fund of Michigan (by Michael J. Steinberg and Kary L. Moss), Detroit, for the defendant.

Sachs Waldman, P.C. (by Elizabeth A. Cabot) and Robert M. O'Neil and J. Joshua Wheeler, Detroit, Charlottesville, VA, for amicus curiae Thomas Jefferson Center for the Protection of Free Speech.

Before: SAWYER, P.J., and MURPHY and HOEKSTRA, JJ.


MURPHY, J.

Defendant appeals by leave granted his misdemeanor conviction, following a district court jury trial, of using indecent and vulgar language. M.C.L. 750.337. The district court imposed a sentence of four days' community service, plus fines and costs of $75 or three days in jail. Defendant's conviction was affirmed on appeal to the circuit court. Defendant argues, as he did below, that M.C.L. § 750.337 is unconstitutional. We reverse defendant's conviction...

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