State v. Lopez

In my judgment the Court’s majority opinion runs directly contrary to the pronouncements of the United States Supreme Court and to the earlier decisions of this Court. It is appropriate therefore that I briefly delineate the manner in which I believe the Court has strayed.

I

Lopez appealed to this Court on the narrow and sole ground that the statute under which she was tried and convicted was facially vague and in violation of her rights under the due process clause of the Fourteenth Amendment to the United States Constitution. Her assignment of error reads that the statute criminalizing…