TAYLOR v. STATE

Nos. 293, 2012, 325, 2012.

76 A.3d 791 (2013)

Marc T. TAYLOR, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee. Kevin Rasin, Defendant Below, Appellant, v. State of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 25, 2013.


Attorney(s) appearing for the Case

Michael C. Heyden, Esquire (argued), Wilmington, Delaware, for Appellant Marc T. Taylor.

James J. Haley, Jr., Esquire (argued), Ferrara & Haley, Wilmington, Delaware, for Appellant Kevin Rasin.

Maria T. Knoll, Esquire (argued), and Karen V. Sullivan, Esquire , Department of Justice, Wilmington, Delaware, for Appellee State of Delaware.

Before HOLLAND, BERGER, JACOBS and RIDGELY, Justices and NOBLE, Vice Chancellor, constituting the Court en Banc.


BERGER, Justice.

In this appeal we consider, among other things, the constitutionality of Delaware's gang participation statute, 11 Del. C. § 616. Appellants argue that the statute is unconstitutionally vague because it does not define the term "actively participates." In addition, they say that the statute is overbroad because it impinges on the right of free association. Both arguments lack merit. A person of ordinary intelligence can understand what...

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