STATE v. FALCONE


902 A.2d 141 (2006)

2006 ME 90

STATE of Maine v. Michael FALCONE and State of Maine v. James Jannetti.

Supreme Judicial Court of Maine.

Decided: July 27, 2006.


Attorney(s) appearing for the Case

G. Steven Rowe, Atty. Gen., William Baghdoyan, Asst. Atty. Gen. (orally), Augusta, for the State.

Thimi Mina (orally), McCloskey, Mina & Cunniff, L.L.C., Portland, for the Defendants.

Jonathan A. Block, Pierce Atwood, Portland, for Amicus Curiae.

Dissent: DANA, J.


ALEXANDER, J.

[¶ 1] The State appeals from a judgment entered in the Superior Court (Cumberland County, Cole, J.) dismissing indictments against Michael Falcone and James Jannetti after determining that 36 M.R.S. § 5102(5)(A) (2005)1 is unconstitutionally vague. Falcone and Jannetti were indicted on charges of evasion of income tax and failure to make and file Maine income tax returns. The State argues that the court erred...

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