Posted by Orin Kerr:
Update on United States v. Davis:
http://volokh.com/archives/archive_2009_05_03-2009_05_09.shtml#1241467952
Back in December, [1]I blogged a series of posts about a 6th Circuit
opinion, [2]United States v. Davis, in which a panel sua sponte raised
the question of a traffic statute's constitutionality, struck down the
statute as unconstitutionally vague, and then ruled that the
unconstitutionality of the statute was not relevant to the outcome of
the case. The Sixth Circuit later [3]withdrew the opinion, and the
State of Michigan filed a brief defending the statute.
Readers who followed those earlier posts might be interested to know
that the Sixth Circuit handed down[4] a new opinion in the case last
week. It's a 3-page unpublished decision that only addresses the
probable cause issue. The opinion adds a footnote:
We thank the State of Michigan for submitting its views on whether
this law is void for vagueness. Because Davis did not raise this
question, we decline to reach it here.
References
1. http://volokh.com/posts/chain_1230391366.shtml
2. http://www.ca6.uscourts.gov/opinions.pdf/08a0452p-06.pdf
3. http://www.ca6.uscourts.gov/opinions.pdf/08a0465p-06.pdf
4. http://www.ca6.uscourts.gov/opinions.pdf/09a0311n-06.pdf
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