State v. Weaver

OPINION

COATS, Judge.

A grand jury indicted Mark Weaver for first-degree misconduct involving weapons. AS 11.61.200(a)(3). The indictment charged Weaver with possessing a gravity knife. He moved to dismiss the indictment, contending that the statute was unconstitutionally vague. Superior Court Judge Gerald J. Van Hoomissen granted the motion and the state appeals. We reverse on the issue of the statute’s constitutionality, but remand for further proceedings.

A statute is impermissibly vague and violates due process if it is so indefinite that a person of ordinary intelligence would have to guess…