Hoover v. State

HOLLAND, Justice:

This matter is before the Court as the result of the Superior Court’s certification of two questions of law, pursuant to article IV, section 11(8) of the Delaware Constitution 1 and Delaware Supreme Court Rule 41. Recent decisions of the Superior Court interpreting section 4176A have con flicted on the statute’s constitutionality. 2 The defendants in those cases, Cordrey and Adkins, argued that section 4176A violates due process under the United States Constitution because its language is imper-missibly vague. 3

Following the conflicting decisions in Cordrey and Adkins, the…