State v. Crocker

I concur fully in Parts II through IX, inclusive, of the majority opinion and in the *78result reached by the majority. I strongly disagree, however, with the scope of the holding in Part I of the majority opinion dealing with the Due Process of Law challenge to the “Depraved Indifference” murder statute, 17-A M.R.S.A. § 201(1)(B), and with the rationale put forth by the Court for that holding. My disagreement is founded upon what I consider to be the unnecessary “overbreadth” of the majority’s consideration and decision of the constitutional issue. I believe the dimensions of the challenge to…