Constitutional Overbreadth

34 Florida cases classified under this topic · sorted by citation count · browse and sort

• Alva Gene Franklin v. State
  257 So. 2d 21· Fla.· 1971-12-17 ·cited 107×
  The Florida Supreme Court held that Fla. Stat. § 800.01, which criminalized the 'abominable and detestable crime against nature,' was unconstitutionally vague for failing to inform persons of average intelligence what conduct is prohibited. The court invalidated the statute while
• United States v. Tomasetta
  429 F.2d 978· 1st Cir.· 1970-07-20 ·cited 32×
  The court held that the indictment was fatally deficient for failing to name the victim and specify the extortionate means and location with sufficient detail, thus preventing the defendant from adequately preparing a defense.
• Sult v. State
  906 So. 2d 1013· Fla.· 2005-06-23 ·cited 23×
  The Florida Supreme Court held that Florida Statute § 843.085, which criminalizes the wearing or displaying of law enforcement indicia or titles without authorization, is unconstitutional as overbroad, vague, and violative of substantive due process because it lacks a specific in
• H.A.P. v. State
  834 So. 2d 237· Fla. 3d DCA· 2002-11-06 ·cited 17×
  A juvenile was adjudicated delinquent for resisting a law enforcement officer without violence under Florida Statute § 843.02 after he refused repeated orders to leave the area where SWAT officers were executing a narcotics search warrant. The court affirmed, holding that the juv
• United States v. Morison
  844 F.2d 1057· 4th Cir.· 1988-04-01 ·cited 16×
  The court holds that the Espionage Act statutes can be constitutionally applied to press leakers when jury instructions sufficiently flesh out the "relating to the national defense" element.
• Captain Howard Brett Levy v. Honorable Howard F. Corcoran
  389 F.2d 929· D.C. Cir.· 1967-06-07 ·cited 10×
  The court denied the petition for a writ of mandamus and application for a stay, finding that the petitioner had an adequate remedy at law and that the court lacked jurisdiction to grant injunctive relief against military proceedings.
• Scott v. Schlesinger
  498 F.2d 1093· 5th Cir.· 1974-08-16 ·cited 7×
  The court held that a serviceman must exhaust available military remedies, including fact-finding mechanisms and appeals, before seeking habeas corpus relief in federal civilian courts, even when challenging the service-connection of an offense.
• Fields v. State
  24 So. 3d 646· Fla. 3d DCA· 2009-12-09 ·cited 4×
  Willie Fields was convicted of disorderly conduct for loudly uttering profanities in front of a bank, but the Florida Third District Court of Appeal reversed, holding that mere profanity and the passive gathering of onlookers does not constitute disorderly conduct under Florida l
• State v. Salvadore Saiez
  469 So. 2d 927· Fla. 3d DCA· 1985-05-28 ·cited 4×
  Florida appealed the dismissal of two counts charging Salvadore Saiez with possession of credit card embossing machines under section 817.63. The trial court dismissed the counts finding that provision unconstitutionally vague and overbroad, and the appellate court affirmed, hold
• Sovereign News Co. v. Corrigan
  610 F.2d 428· 6th Cir.· 1979-12-07 ·cited 2×
  The court held that the Ohio obscenity statute, when construed to incorporate Miller v. California guidelines, is valid and constitutional.
• Naylor v. The Superior Court OF the State OF Ariz.
  558 F.2d 1363· 9th Cir.· 1977-08-15 ·cited 1×
  The court held that the case was moot because the appellee's probation had expired and no collateral consequences flowed from his conviction, thus the district court lacked jurisdiction.
• Hogan v. Atkins
  411 F.2d 576· 5th Cir.· 1969-05-07 ·cited 1×
  The court held that the statute prohibiting possession of burglary tools was not unconstitutionally vague or broad, and the evidence was seized lawfully.