City of Montgomery v. Zgouvas

The majority reverses the trial court's order dismissing § 13A-8-11(b)(1), Ala. Code 1975, as unconstitutionally vague and overbroad on the ground that the appellee does not have standing to challenge the statute on vagueness grounds and on the ground that the statute is not unconstitutionally overbroad. I am compelled to concur in the result for several reasons.

First, the majority presents a summary of the "facts" of the case. During the hearing, the only references to the facts of the case were the following:

"[DEFENSE COUNSEL]: He's — essentially, he's charged with, believe it or not, with…