State v. Falcone

SILVER, J., with whom, SAUFLEY, C.J., and DANA, J., join,

dissenting.

[¶ 12] I respectfully dissent from the majority’s determination that the term “domicile,” 36 M.R.S. § 5102(5)(A) (2005), is not unconstitutionally vague when it is read within the context of the tax code and when considering its nearly two centuries of use in our jurisprudence. Because I believe that the term “domicile” is inadequately defined, leaving people “of common intelligence [to] necessarily guess at its meaning,” State v. Reed, 345 A.2d 891, 894 (Me.1975) (quotation marks omitted), I would find that basing criminal…