State v. Martin, No. 34037-6-11 (Wash. App. Div. 3) May 4, 2017.

In Ellensburg, Washington, where Herbert Martin was convicted of possession of methamphetamine with intent to deliver within 1000′ of a school bus stop, all local roads are proximate to schools. ┬áMartin’s sentence prohibited his association with drug salesperson and forbade him from being present where drugs are sold or consumed. Martin complained that the prohibitions were vague and as such, interfered with his First Amendment association rights.

The appellate court redrafted the conditions to clarify the association limitations, sent the matter back to the trial court for completion of the modifications, and affirmed his conviction.

State v. Martin (Wash. App., 2017)


One thought on “Vagueness Challenge to Community Conditions Not Enough to Strike Them Where Editing Can Provide Clarity

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