State v. McMahon’s Empirical Analysis
2001
Citation profile
56
cited by 56 later decisions
1
states following
February 2019
most recently cited
56 state decisions
Relationships
Relies on North Carolina v. Pearce · Benton v. Maryland · Grayned v. City of Rockford · Kolender v. Lawson · Missouri v. Hunter
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The United States Supreme Court has emphasized that the more important aspect of the vagueness doctrine is not actual notice, but . . . the requirement that a legislature establish minima/guidelines to govern law enforcement . (Internal quotation marks omitted.) Kolender v. Lawson , [ 461 U.S. 352 , 357-58 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983)]; State v. Schriver , [ 207 Conn. 456 , 460 , 542 A.2d 686 (1988).] Thus, [i]n order to surmount a vagueness challenge, a statute . . . must not impermissibly [delegate] basic policy matters to policemen, judges (emphasis added), and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Id.; see Grayned v. Rockford , 408 U.S. 104 , 108-109 , 92 S.Ct. 2294 , 33 L.Ed.2d 222 (1972). Finally, [i]f the meaning of a statute can be fairly ascertained a statute will not be void for vagueness . . . for [i]n most English words and phrases there lurk uncertainties. [T]he statute must contain some core meaning within which the defendant's CT Page 5521-au actions clearly fall.”
1 later decision quote this exact passage“is a procedural due process concept that originally was derived from the guarantees of due process contained in the fifth and fourteenth amendments to the United States constitution. ... [Our Supreme Court has] equated vagueness analysis under our state constitution with the corresponding federal constitutional analysis.”
1 later decision quote this exact passage“The vagueness rubric ... is largely based on the requirements of fair notice and nondiscretionary standards.... Due process requires that a statute afford a person of ordinary intelligence a reasonable opportunity to know what is permitted or prohibited.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.