State v. Falcone

[¶ 1] The State appeals from a judgment entered in the Superior Court (Cumberland County, Cole, J.) dismissing indictments against Michael Falcone and James Jannetti after determining that 36 M.R.S. § 5102(5)(A) (2005)1 is unconstitutionally vague. Falcone and Jannetti were indicted on charges of evasion of income tax and failure to make and file Maine income tax returns. The State argues that the court erred in finding that the statute was unconstitutionally vague. We agree and vacate the judgment.

I. CASE HISTORY

[¶ 2] Falcone and Jannetti are merchant mariners who graduated from the Maine…