Virginia v. Hicks
Hicks was convicted of trespass in city court in violation of a City of Richmond housing regulation. On appeal to the Circuit Court of the City of Richmond, Hicks filed a motion to dismiss because the housing authority's trespass policy contravened the First and Fourteenth Amendments to the U.S. Constitution. The circuit court denied the motion and the Court of Appeals affirmed the judgment, but the Court of Appeals en banc disagreed with the panel and vacated Hicks' conviction on constitutional grounds. The Supreme Court of Virginia affirmed, holding that the housing authority's trespass policy is overly broad and thereby violates the First and Fourteenth Amendments, and that Hicks could raise this issue in his criminal prosecution.
Questions Presented:
1. Whether a criminal defendant may invoke the overbreadth doctrine even though (a) his own offense did not involve any expressive conduct, and (b) his conduct was not proscribed by that portion of
the government statute, regulation or policy he challenges as overbroad.
2. Whether the Constitution recognizes a distinction between actions taken by government as landlord and actions taken by government as sovereign.
