Tuesday, June 30, 2009

SCOID to Review Constitutionality of Wendell's Curfew


























Dave Heida advises that the SCOID has granted the State's Petition for Review filed in In the Interest of John Doe, Docket No. 35004.

Apparently, the State has only sought review of the CoA analysis holding Wendell's curfew ordinance unconstitutionally overbroad. As you may recall from this Blog, the CoA punted when confronted with the juvenile's void for vagueness and equal protection arguments. It will be interesting to see if the Supreme Court reaches the merits of each of three constitutional challenges.

A copy of the CoA's decision can be found here: http://www.isc.idaho.gov/opinions/Doe,%2035004.pdf

Good luck Dave!!!

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