People v. Loyer

Defendant appeals from his conviction for second-degree murder, and the majority affirms his conviction. I concur. The majority, however, purportedly declares a state statute unconstitutional, but holds that the error involved in applying the statute was harmless. I disagree that the statute is unconstitutional, but I concur in the result because I deem such declaration dicta in light of the holding of the majority.

I disagree with the majority’s declaration of unconstitutionality for several reasons. First, the application of the Equal Protection Clause to the statute is seriously flawed.

Secon…