Whatley v. Zatecky

Dist. Ct. erred in denying defendant’s habeas petition challenging his Indiana state-court conviction that prohibited his possession of drugs within 1,000 feet of “youth program center,” where defendant alleged that said statute violated his due process rights since definition of “youth program center” was unconstitutionally vague because he had no way of knowing that church located within 1,000 feet of his possession had on “regular basis” recreational, vocational, academic, social or other programs for persons less than 18 years old. Ct., in agreeing with defendant, found that said statute was unconstitutional as applied to defendant since no one in defendant’s position could have known that instant church would fall within definition of youth program center simply because it hosted between 4 and 6 children’s events each week and otherwise bore no indicia of conducting children’s activities within church.