Opinion

State v. Pearaa

  • 403 So. 2d 1194
Court
Supreme Court of Louisiana
Filed
Sep 8, 1981
Status
Published
Author
Calogero
On the bench
Calogero, Dennis, Ellis, Hoc, Lemmon, Reasons
Cited by
2 cases
Authority
More cited than 25.8%

The opinion

CALOGERO, Justice,

concurring.

I concur, being of the view that defendant’s conviction should be affirmed.

I do not agree, necessarily, with the constitutional analysis of the majority, although I find the statute valid as applied to this defendant. In dealing with the over-breadth doctrine, I prefer the language expressed in United States v. Raines, 362 U.S. 17, 21 , 80 S.Ct. 519, 522 , 4 L.Ed.2d 524 (1960): “one to whom application of a statute is constitutional will not be heard to attack the statute on the ground that impliedly it might also be taken as applying to other persons or other situations in which its application might be unconstitutional.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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