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State v. Frank Empey
Id. (emphases added) (citations omitted); see also Mannix v. Phillips, 619 F.3d 187, 200 (2d Cir.) (“[N]o clearly established constitutional prohibition of statutory vagueness is violated when two statutes proscribe the same conduct and a defendant is charged under the one subjecting him to greater punishment.”), cert, denied, 562 U.S. 1049 , 131 S.Ct. 611 , 178 L.Ed.2d 445 (2010); State v. Rourke, 773 N.W.2d 913, 917 (Minn.2009) (citing Batchelder and stating that the “sentencing uncertainty-caused by two statutes that prohibit the same conduct, but prescribe different penalties, does n…
Retrieving the full opinion text from the archive…
Christopher Lee Prosser
v.
Laurain C. Hendricks
v.
Laurain C. Hendricks
No. 10-6726.
Supreme Court of the United States.
Nov 15, 2010.
178 L. Ed. 2d 445
Published
Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
Same case below, 371 Fed. Appx. 710.