State v. Parker, No. Cr94-394926 (Jun. 8, 1995)

Connecticut Superior Court

State v. Parker, No. Cr94-394926 (Jun. 8, 1995)

1995 Conn. Super. Ct. 7247, 14 Conn. L. Rptr. 574

Connecticut Superior Court·Decided June 8, 1995·No. No. CR94-394926·Unpublished

Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The defendant has filed a Motion to Dismiss claiming that Connecticut General Statutes § 53-237a is unconstitutionally vague.

Acknowledging the existence of the principle that a court must indulge in every presumption in favor of a statute's constitutionality, this court cannot overlook the fact that this statute was first passed in 1806 long before Roe v. Wade, 410 U.S. 113 (1973) and was last amended in 1971, two years prior to Roe v.Wade, 410 U.S. 113 (1973).

After reviewing Roe v. Wade, this court finds Connecticut General Statutes § 53-237a void as vague and overbroadly infringing on the defendant's Fourteenth Amendment rights.

Accordingly, the defendant's Motion to Dismiss is granted.

Richard A. Damiani, Judge

Free access — add to your briefcase to read the full text and ask questions with AI

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The defendant has filed a Motion to Dismiss claiming that Connecticut General Statutes § 53-237a is unconstitutionally vague.

Acknowledging the existence of the principle that a court must indulge in every presumption in favor of a statute's constitutionality, this court cannot overlook the fact that this statute was first passed in 1806 long before Roe v. Wade, 410 U.S. 113 (1973) and was last amended in 1971, two years prior to Roe v.Wade, 410 U.S. 113 (1973).

After reviewing Roe v. Wade, this court finds Connecticut General Statutes § 53-237a void as vague and overbroadly infringing on the defendant's Fourteenth Amendment rights.

Accordingly, the defendant's Motion to Dismiss is granted.

Richard A. Damiani, Judge

State v. Parker, No. Cr94-394926 (Jun. 8, 1995), 1995 Conn. Super. Ct. 7247, 14 Conn. L. Rptr. 574 (Colo. Ct. App. 1995).

Pincite

1995 Conn. Super. Ct. 7247 (State v. Parker, No. Cr94-394926 (Jun. 8, 1995)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related