State v. Barker

HORTON, Judge.

The State contends that the trial court erred in granting respondents’ motion to dismiss because respondents did not have standing to challenge the statute on grounds that it is unconstitutionally vague. We agree, and reverse the ruling of the trial court.

“It is well established that vagueness challenges to statutes which do not involve First Amendment freedoms must be examined in the light of the facts of the case at hand.” United States v. Mazurie, 419 U.S. 544, 550, 42 L. Ed. 2d 706, 713 (1975). “Objections to vagueness under the Due Process Clause rest on the lack of notice,…