Constitutional Vagueness

94 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Washington v. Watkins
  655 F.2d 1346· 5th Cir.· 1981-09-14 ·cited 248×
  The dissenting judge argues that the majority erred in finding the trial judge's jury instruction unconstitutionally erroneous and in considering the defendant's illegal relationship and illegitimate child as mitigating factors.
• United States v. Sperling
  506 F.2d 1323· 2d Cir.· 1974-10-10 ·cited 231×
  The court held that the government's failure to produce a key witness's letter, required under the Jencks Act, was prejudicial for some defendants, requiring a new trial on conspiracy charges, but not for others due to overwhelming independent evidence.
• State v. Wershow
  343 So. 2d 605· Fla.· 1977-02-25 ·cited 130×
  The Florida Supreme Court affirmed the trial court's dismissal of an indictment against county commissioners, holding that the "malpractice in office" provision of Florida Statutes Section 839.11 is unconstitutionally vague because it fails to provide fair notice of prohibited co
• Quarry Jones v. State
  640 So. 2d 1084· Fla.· 1994-05-26 ·cited 122×
  The Florida Supreme Court upheld the constitutionality of section 800.04, which criminalizes lewd or sexual conduct with children under 16 regardless of consent. The court rejected defendants' arguments that the statute violated privacy rights, holding that the state has a compel
• 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
• Dep't OF Legal Affairs v. Rogers
  329 So. 2d 257· Fla.· 1976-02-25 ·cited 87×
  Florida's Deceptive and Unfair Trade Practices Act (Sections 501.204 and 501.205) challenged as unconstitutionally vague and an unlawful delegation of legislative authority. The Florida Supreme Court upheld the statute's constitutionality and reversed the trial court's dismissal,
• Sandstrom v. Leader
  370 So. 2d 3· Fla.· 1979-03-22 ·cited 71×
  The Florida Supreme Court reversed a circuit court's decision striking down section 400.17(2)(a), which criminalizes the solicitation, offer, or receipt of bribes in connection with nursing home services. The Court held that the statute is not unconstitutionally vague because it
• State v. Llopis
  257 So. 2d 17· Fla.· 1971-12-17 ·cited 52×
  The Florida Supreme Court affirmed the trial court's dismissal of an information charging a city inspector with violating Fla.Stat. § 112.313(6) by accepting employment as a watchman while working as a city inspector. The court held the statute unconstitutionally vague because it
• United States v. Thomas
  932 F.2d 1085· 5th Cir.· 1991-05-23 ·cited 41×
  The court held that the Supreme Court's decision in Hughey v. United States does not limit a sentencing court's discretion to consider conduct outside the count of conviction under the Sentencing Guidelines, and that the statutory scheme differentiating penalties for cocaine base
• United States v. Levine
  457 F.2d 1186· 10th Cir.· 1972-02-22 ·cited 34×
  The court held that the indictment sufficiently charged a violation of 18 U.S.C. § 1952 by alleging defendants 'caused' interstate travel, and that voluntary guilty pleas waived non-jurisdictional defects.
• Goldwasser v. Brown
  417 F.2d 1169· D.C. Cir.· 1969-09-17 ·cited 32×
  The dissenting judge would remand the case for a determination of whether the Air Force had sufficient control over foreign students to be required to produce them for a hearing.
• Richmond v. Lewis
  948 F.2d 1473· 9th Cir.· 1990-12-26 ·cited 30×
  The court held that the panel erred in its harmless error analysis by incorrectly assuming Arizona is not a weighing state, which requires reevaluation when an invalid aggravating factor is present.
• United States v. Brenson
  104 F.3d 1267· 11th Cir.· 1997-02-05 ·cited 27×
  Ronald A. Brenson, a federal grand juror, was convicted of obstructing justice under 18 U.S.C. § 1503 and conspiracy to obstruct justice under 18 U.S.C. § 371 after disclosing secret grand jury information to the target of the investigation and his associates prior to indictment.
• State v. Weeks
  202 So. 3d 1· Fla.· 2016-09-22 ·cited 26×
  The Florida Supreme Court held that a felon-in-possession statute's exemption for 'replicas' of 'antique firearms' is not unconstitutionally vague, interpreting 'replica' to emphasize the firearm's ignition or firing system as its distinctive feature rather than requiring an exac
• Bunkley v. State
  833 So. 2d 739· Fla.· 2002-11-21 ·cited 26×
  The Florida Supreme Court held that the L.B. v. State decision clarifying that a common pocketknife with a blade of four inches or less is not a 'weapon' under Florida law is an evolutionary refinement, not a jurisprudential upheaval, and therefore does not apply retroactively to
• United States v. Parcels OF Land
  903 F.2d 36· 1st Cir.· 1990-04-30 ·cited 26×
  The court held that the government established sufficient probable cause for forfeiture and that the district court did not err in striking the appellant's affidavit after he invoked the Fifth Amendment privilege at his deposition.
• Lehman v. Lycoming Cnty. Child's. Servs. Agency
  648 F.2d 135· 3d Cir.· 1981-03-31 ·cited 26×
  The district court erroneously dismissed the habeas corpus petition for lack of jurisdiction.
• Bunkley v. State
  882 So. 2d 890· Fla.· 2004-05-27 ·cited 22×
  On remand from the U.S. Supreme Court, the Florida Supreme Court reaffirmed Bunkley's 1987 armed burglary conviction, holding that under Florida law in 1989, whether his three-inch folding knife was a 'common pocketknife' exception or a 'dangerous weapon' was properly a jury ques
• Geiger v. City OF Eagan
  618 F.2d 26· 8th Cir.· 1980-03-19 ·cited 22×
  The court held that the ordinance was unconstitutionally vague on its face because it failed to provide fair notice of what was prohibited and lacked standards for enforcement.
• Scullock v. State
  377 So. 2d 682· Fla.· 1979-11-21 ·cited 22×
  The Florida Supreme Court upheld the constitutionality of Florida Statute section 843.01, which criminalizes offering violence to law enforcement officers, rejecting appellant Scullock's vagueness challenge to the phrase "offering...violence."
• Mohammed v. State
  561 So. 2d 384· Fla. 1st DCA· 1990-05-07 ·cited 20×
  Trevor Mohammed appealed his aggravated child abuse conviction, challenging the trial court's jury instruction rulings and sentencing guidelines calculations. The court affirmed the conviction but vacated and remanded the sentence because the trial court improperly scored points
• United States v. Coletta
  682 F.2d 820· 9th Cir.· 1982-07-29 ·cited 20×
  The court held that Caucasian male defendants lack standing to allege discrimination in grand jury foreperson selection as an equal protection violation, and their allegations were insufficient to state a due process claim. The court also upheld the denial of motions to suppress
• City OF Coral Gables v. Wood
  305 So. 2d 261· Fla. 3d DCA· 1974-12-31 ·cited 20×
  The court held that an appeal should not be dismissed solely for failure to certify transcript deposit when insolvency tolled the payment and the transcript was available.
• Pervis v. LaMARQUE Indep. Sch. Dist.
  466 F.2d 1054· 5th Cir.· 1972-09-19 ·cited 20×
  A subsequent hearing does not cure the initial lack of procedural due process when students are suspended for a significant period without a prior hearing.
• DOE v. Civil Aeronautics Bd.
  356 F.2d 699· 10th Cir.· 1966-02-17 ·cited 20×
  The court held that the regulation setting standards for pilot medical certificates was not unconstitutionally vague and that the evidence presented was sufficient to support the Board's denial of the certificate.
• Cuda v. State
  639 So. 2d 22· Fla.· 1994-06-30 ·cited 19×
  The Florida Supreme Court held that section 415.111(5), which criminalized the exploitation of aged persons through "improper or illegal" use of their funds, was unconstitutionally vague for failing to provide adequate notice of proscribed conduct. The Court quashed the Fifth Dis
• Deutscher v. Harol Whitley
  884 F.2d 1152· 9th Cir.· 1989-08-31 ·cited 17×
  The court held that the district court erred in dismissing the habeas corpus petition and that the petitioner was deprived of effective assistance of counsel due to counsel's failure to investigate and present mitigating evidence at the penalty phase.
• Felmeister v. Off. OF Attorney Ethics
  856 F.2d 529· 3d Cir.· 1988-08-31 ·cited 16×
  The court held that the case was not ripe for adjudication because the plaintiffs had not yet sought an advisory opinion from the New Jersey Committee on Attorney Advertising regarding their proposed advertisements, and thus, the administrative process had not been exhausted.
• United States v. Russell
  585 F.2d 368· 8th Cir.· 1978-10-18 ·cited 15×
  A blanket assertion of the Fifth Amendment privilege against self-incrimination does not excuse the failure to file income tax returns, and prosecution by information is permissible for misdemeanors.
• Life Concepts, Inc. v. Harden
  562 So. 2d 726· Fla. 5th DCA· 1990-04-26 ·cited 14×
  Life Concepts, Inc. sought a special exception to operate a group home for disabled adults in Apopka. The trial court granted summary judgment declaring the zoning ordinance unconstitutionally vague because it required occupancy to be "compatible with surrounding residential uses
• Eicher v. United States
  774 F.2d 27· 1st Cir.· 1985-10-09 ·cited 14×
  A taxpayer cannot assert a blanket Fifth Amendment privilege to avoid providing information on an income tax return, and such a return is considered frivolous under 26 U.S.C. § 6702.
• State v. Balint Papp
  298 So. 2d 374· Fla.· 1974-06-12 ·cited 14×
  The court held that Florida Statute Section 847.011(1)(a) provides sufficient notice and is constitutional when the word 'immoral' is eliminated.
• Jeffry G. Pearl v. Fla. Bd. OF Real Est.
  394 So. 2d 189· Fla. 3d DCA· 1981-02-17 ·cited 12×
  A licensed real estate salesman's license was suspended for 60 days by the Florida Board of Real Estate based on convictions for possession of controlled substances under a statute allowing suspension for crimes involving moral turpitude. The Third District Court of Appeal revers
• Goldberg v. Simoni
  601 F.2d 653· 2d Cir.· 1979-06-28 ·cited 12×
  The court held that the district court's abstention order, which stayed proceedings pending state court determination of state law issues, is appealable under 28 U.S.C. § 1292(a)(1) as a denial of a temporary injunction.
• Songer v. Wainwright
  571 F. Supp. 1384· M.D. Fla.· 1983-07-14 ·cited 11×
  The court held that the petitioner was not denied effective assistance of counsel at either the guilt/innocence or penalty stages of his trial.
• Anthony v. State
  108 So. 3d 1111· Fla. 5th DCA· 2013-01-25 ·cited 10×
  Casey Anthony appealed her convictions for four counts of providing false information to law enforcement during a missing person investigation. The Fifth District Court of Appeal affirmed the denial of her motion to suppress statements and rejected her vagueness challenge, but re
• State v. Roxie Lynn Hanna
  901 So. 2d 201· Fla. 5th DCA· 2005-03-24 ·cited 10×
  Florida appeals the dismissal of four counts charging Roxie Lynn Hanna with operating an unlicensed adult bookstore under Orange County's Adult Entertainment Code. The court reversed, holding that the Code's definition of 'adult bookstore' is not unconstitutionally vague and that
• Dennie Pryse Ewen, III v. State
  518 So. 2d 1285· Fla. 4th DCA· 1987-06-10 ·cited 10×
• Nat'l Collegiate Athletic Ass'n v. Califano
  622 F.2d 1382· 10th Cir.· 1980-04-17 ·cited 10×
• 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.
• S. Fla. ART Theaters, Inc. v. State of Fla. ex rel. Marvin U. Mounts, Jr.
  224 So. 2d 706· Fla. 4th DCA· 1969-06-19 ·cited 9×
  A Florida court upheld an ex parte temporary restraining order against a movie theater operator allegedly showing an obscene film, rejecting constitutional challenges that the obscenity statute was vague and that the emergency injunction procedure violated free speech rights. The
• Munao v. The Homeowners Ass'n OF LA Buona Vita Mobile Home Park, Inc.
  740 So. 2d 73· Fla. 4th DCA· 1999-07-14 ·cited 8×
  Mobile home park owners appeal a trial court judgment reducing lot rental fees and awarding attorney's fees to the homeowners association. The Fourth District affirms, holding that the 1990 amendment to Florida's mobile home park statute applies retroactively, that reasonableness
• State v. Campbell
  664 So. 2d 1085· Fla. 5th DCA· 1995-12-08 ·cited 8×
  The State sought certiorari review of a trial court's order that barred child hearsay evidence by finding Florida Statute § 90.803(23)(a) unconstitutionally vague for failing to define 'physical, mental, emotional, or developmental age.' The appellate court reversed, holding that
• State v. SCM Glidco Organics Corp. & Seminole Kraft Corp.
  592 So. 2d 710· Fla. 1st DCA· 1991-12-23 ·cited 8×
  Section 823.01 (public nuisance statute) is not unconstitutionally vague because English common law can be consulted to clarify its meaning. However, Section 823.01 has been impliedly superseded by Chapter 403 insofar as it applies to air pollution, and the state was estopped fro
• State v. Warren
  558 So. 2d 55· Fla. 2d DCA· 1990-01-19 ·cited 8×
  The State of Florida appeals the trial court's dismissal of an information charging defendants with keeping a house of ill fame under section 796.01, Florida Statutes, on vagueness grounds. The appellate court reverses, holding that "prostitution" and "lewdness" are not unconstit
• State v. Buckner
  472 So. 2d 1228· Fla. 2d DCA· 1985-06-19 ·cited 8×
  Section 232.02 is not unconstitutionally vague; when read in its entirety and attributing common, ordinary meanings to key terms like 'school' and 'home,' the statute clearly defines four permissible means of achieving regular school attendance and provides sufficient notice of p
• Cuevas v. State
  279 So. 2d 817· Fla.· 1973-05-16 ·cited 8×
  Cuevas challenged the constitutionality of Florida's Drug Abuse Law (Sections 404.01(12) and 404.02(4)) as unconstitutionally vague, arguing the phrase "or other drug controlled by this chapter" lacked sufficient clarity. The Florida Supreme Court affirmed the trial court's denia
• Cotner v. Henry
  394 F.2d 873· 7th Cir.· 1968-04-17 ·cited 8×
  The dissenting judge would affirm the district court's decision, disagreeing with the majority's grant of relief.
• Headley v. Selkowitz
  171 So. 2d 368· Fla.· 1965-01-20 ·cited 8×
  A city ordinance making it disorderly conduct to be unable to give a satisfactory account of oneself or to lack lawful means of support is unconstitutionally vague on its face.
• 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.