State v. Pacquing

Defendant was charged by complaint with one count of unauthorized possession of confidential personal information (UPCPI). Defendant moved to dismiss the complaint. The circuit court granted the motion in part. The intermediate court of appeals vacated the order and remanded for further proceedings. On remand, Defendant moved to dismiss the complaint on the grounds that the UPCPI statutes are unconstitutionally vague and overbroad. In a separate dismissal motion, Defendant alleged that the complaint failed to provide him fair notice of the nature and cause of the accusation. The circuit court dismissed the case, concluding (1) the complaint was fatally defective because it denied Defendant of his right to be fully informed of the nature and cause of the accusation against him, and (2) the UPCPI statutes were not void for vagueness but were overbroad. The Supreme Court affirmed in part and vacated in part, holding (1) the complaint was legally insufficient; (2) the UPCPI statutes are not facially overbroad; and (3) portions of the UPCPI statutes are unconstitutionally vague, but they are severable from the constitutional parts of the statutes. View "State v. Pacquing" on Justia Law