Friday, May 01, 2009

Void for Vagueness ruling withdrawn

The Sixth Circuit issued an opinion today in U.S. v. Davis, Case No. 07-1964, ruling that officers had reasonable suspicion to believe that Mr. Davis's vision was obstructed by a stuffed Tweety Bird hanging from the mirror. This would not be that exceptional if it wasn't for the fact that this opinion is in direct conflict with a prior opinion by the Court from last December ruling that the statute was void for vagueness. That opinion, written by Judge Martin, was withdrawn after the State of Michigan intervened to argue for the constitutional validity of the statute. Judge Martin apparently decided to punt by not addressing the constitutional validity of the statute after realizing that Mr. Davis had not raised the issue below.