The People, Plaintiff and Respondent v. Ben Chandler, Jr., Defen — Corrigan, J., Concurring in Part and Dissenting…

Summary

Justice Corrigan concurred in the result insofar as the case could be resolved on harmless-error grounds, but dissented from the majority's conclusion that an objectively sufficient threat is an element of attempted criminal threat. She reasoned that the attempt statutes require specific intent and a direct but ineffectual act, without requiring proof of any particular element of the completed offense, and that constitutional avoidance was unwarranted because the statutes were not ambiguous and the facts did not present a First Amendment problem.