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People v. Pointer

California Court of Appeals for the First District

151 Cal. App. 3d 1128 (1984)

Relevant factsFree

Ruby Pointer (defendant) forced her children onto a dangerous restrictive diet despite medical warnings, resulting in one child's near-fatal malnutrition and permanent brain damage; she was convicted of child endangerment. As part of a five-year probation sentence, the court barred her from conceiving another child during that period. Pointer appealed, arguing the no-conception condition unconstitutionally infringed her fundamental rights to privacy and procreation.

IssueFree

Whether a condition of probation that restricts a fundamental right is unconstitutional if it is impermissibly overbroad.

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