Legal Opinion · Dissent

State v. Falcone

Supreme Judicial Court of Maine

Decided July 27, 2006Published

1DissentDana, J.

[¶ 21] Because this Court admits that domicile is a “somewhat elusive concept,” see Margani v. Sanders, 453 A.2d 501, 503 (1982), yet by this decision authorizes the State to employ this murky concept to charge people with crimes, I respectfully dissent.

[¶ 22] Criminal statutes must “define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited .... ” State v. McLaughlin, 2002 ME 55, ¶ 9, 794 A.2d 69, 72 (quotation marks omitted); see also Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 31 L.Ed.2d 110 (1972)…

2Cases cited16 opinions

  1. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  2. Lanzetta v. New JerseySupreme Court of the United States · 1939
  3. Commissioner of Internal Revenue v. NewmanCourt of Appeals for the Second Circuit · 1947
  4. Belanger v. BelangerSupreme Judicial Court of Maine · 1968
  5. Holyoke v. Estate of HolyokeSupreme Judicial Court of Maine · 1913

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