Constitutional Vagueness

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

• Billups v. State
  633 So. 2d 106· Fla. 2d DCA· 1994-03-11 ·cited 6×
• Harper v. Grammer
  895 F.2d 473· 8th Cir.· 1990-02-05 ·cited 6×
  The Eighth Circuit affirmed the denial of the habeas corpus petition, holding that the Nebraska Supreme Court's interpretation of the "especially heinous, atrocious, or cruel" aggravating circumstance was constitutionally sufficient, and that other claims were procedurally barred
• United States v. Bradberry
  517 F.2d 498· 7th Cir.· 1975-06-09 ·cited 6×
  The court held that the evidence was insufficient to prove the defendant conspired to affect a federal election, as required by 18 U.S.C. § 241.
• Connor v. Hutto
  516 F.2d 853· 8th Cir.· 1975-05-28 ·cited 6×
  A dismissal of a direct state criminal appeal by the Supreme Court for want of a substantial federal question is an actual adjudication that precludes subsequent federal habeas corpus relief and binds lower federal courts for three-judge court consideration.
• Tollett v. United States
  444 F.2d 622· 8th Cir.· 1971-06-14 ·cited 6×
  The court held that the defendant did not intelligently waive his right to counsel because the trial court failed to adequately explain his rights and the consequences of proceeding without counsel.
• State v. Carrier
  240 So. 3d 852· Fla. 2d DCA· 2018-03-09 ·cited 5×
  The State appeals the trial court's dismissal of charges against Christopher and Wendy Carrier for forging and altering animal health certificates under Florida Statute § 585.145(3). The trial court found the statute unconstitutionally vague and violative of substantive due proce
• Carey Dean Moore v. Clarke
  904 F.2d 1226· 8th Cir.· 1990-05-25 ·cited 5×
  The Nebraska Supreme Court's interpretation of Neb.Rev.Stat. § 29-2523(l)(d) provides sufficient guidance to prevent arbitrary imposition of the death penalty and is not unconstitutionally vague.
• Friends OF the Great S., Inc. v. City OF Hollywood
  964 So. 2d 827· Fla. 4th DCA· 2007-09-19 ·cited 4×
  Friends of the Great Southern challenged the constitutionality of a Hollywood land development code provision governing certificates of appropriateness for demolition of historic structures, arguing the criteria were unconstitutionally vague and vested unbridled discretion in the
• Keough v. State
  714 So. 2d 666· Fla. 5th DCA· 1998-07-31 ·cited 4×
  The court held that section 316.1935(2), Florida Statutes, is not unconstitutionally vague and does not deny due process.
• Benton v. State
  708 So. 2d 1002· Fla. 2d DCA· 1998-03-27 ·cited 4×
  Florida appellate court affirmed convictions for felony fleeing and reckless driving, rejecting constitutional vagueness and due process challenges to the high-speed vehicle chase law, but struck certain fines and probation conditions that lacked oral pronouncement.
• Davis v. State
  648 So. 2d 107· Fla.· 1994-11-10 ·cited 4×
  Henry Davis appeals his death sentence imposed after resentencing following this Court's vacation of his original sentence due to improper consideration of certain aggravating factors. The Court affirms the death sentence, holding that the trial court properly reweighed the remai
• Abell v. Potomac Ins. Co. OF Ill.
  946 F.2d 1160· 5th Cir.· 1991-11-13 ·cited 4×
  The court held that the RICO statute is not unconstitutionally vague as applied to the defendant's conduct and that the attorneys' fees award was properly adjusted.
• United States v. Mainieri
  691 F. Supp. 1394· S.D. Fla.· 1988-08-10 ·cited 4×
  The court held that the indictment was sufficiently specific, the money laundering statute was not unconstitutionally vague, and the counts were not multiplicious.
• 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. Falke
  674 F.2d 484· 6th Cir.· 1982-02-04 ·cited 4×
  The court held that the district court had too narrowly construed the Ohio Supreme Court's opinion regarding the obscenity statute's constitutionality.
• Yesterday's Children v. Kennedy
  569 F.2d 431· 7th Cir.· 1977-12-29 ·cited 4×
  The court held that abstention was appropriate, allowing Illinois state courts to interpret the relevant statutes and General Order regarding the release of adoption records, as this interpretation could materially alter the constitutional issues presented.
• Holly v. United States
  464 F.2d 796· D.C. Cir.· 1972-06-09 ·cited 4×
  The court held that 22 D.C. Code § 1515(a) is unconstitutionally vague because the phrase 'good account' does not provide sufficient precision for individuals to understand what conduct is prohibited.
• United States v. St. John Tyler
  459 F.2d 647· 10th Cir.· 1972-05-17 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a continuance and properly admitted the victim's testimony, rejecting claims of unconstitutional vagueness and double jeopardy.
• Roni David Marciano v. Immigr. & Naturalization Serv.
  450 F.2d 1022· 8th Cir.· 1971-09-08 ·cited 4×
  The court held that statutory rape, as defined by Minnesota law, constitutes a crime involving moral turpitude for deportation purposes, and the phrase 'crime involving moral turpitude' is not unconstitutionally vague.
• Zucker v. Vogt
  329 F.2d 426· 2d Cir.· 1964-04-01 ·cited 4×
  The court held that the plaintiff's notice was sufficient, the Dram Shop Act claim survives the decedent's death, contributory negligence is not a defense, the Act is not unconstitutionally vague, and the exclusion of a prior complaint was harmless error.
• State v. Giamanco
  682 So. 2d 1193· Fla. 4th DCA· 1996-11-13 ·cited 2×
  The court held that section 550.235(2), Florida Statutes, is not unconstitutionally vague on its face or as applied, because it provides fair notice of forbidden conduct and the trial court applied the wrong legal standard.
• Jones v. Murray
  947 F.2d 1106· 4th Cir.· 1991-10-01 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the denial of the petition or the underlying state court judgment.
• Daugherty v. Dugger
  699 F. Supp. 1517· M.D. Fla.· 1988-11-02 ·cited 2×
  The court denied the petition for writ of habeas corpus and motion for stay of execution, finding the claims without merit and, in some instances, an abuse of the writ.
• 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.
• Anderson v. United States
  M.D. Fla.· 2023-07-27
  The court held that the petitioner's claims under 28 U.S.C. § 2255 were frivolous and procedurally barred, warranting denial of the petition.
• Jackson v. United States
  M.D. Fla.· 2021-02-02
  The court held that the petitioner's claims under the First Step Act and for ineffective assistance of counsel were either inapplicable, not retroactive, or time-barred, and thus his motion to vacate sentence was denied.
• Hollywood Cmty. Synagogue, Inc. v. City of Hollywood
  436 F. Supp. 2d 1325· S.D. Fla.· 2006-06-26
  The court held that the City of Hollywood's zoning regulations granting special exceptions were unconstitutionally vague and granted unbridled discretion, thus acting as an unconstitutional prior restraint on First Amendment activity.
• State v. Boone
  733 So. 2d 1155· Fla. 1st DCA· 1999-06-25
  Florida's First District Court of Appeal reversed trial court orders dismissing criminal charges for alleged violations of Florida's constitutional net ban amendment, holding that the challenged constitutional provisions were not unconstitutionally vague.
• Saun Reeves v. State
  631 So. 2d 374· Fla. 1st DCA· 1994-02-11
  Florida's Hate Crimes Statute (section 775.085) is constitutional and does not violate the Free Speech or Due Process Clauses; affirming conviction for shooting into an occupied building with hate crime enhancement.
• Gordon v. Miriam Freeman for the children
  625 So. 2d 1245· Fla. 3d DCA· 1993-09-07
  The court held that the parents' constitutional vagueness challenge was not preserved for appeal and that the statute was sufficiently specific when read in conjunction with another statutory definition.
• Becker v. A.L. Lockhart
  971 F.2d 172· 8th Cir.· 1992-08-03
  The court held that the evidence was insufficient to prove that the defendant used physical force to resist apprehension immediately after a misdemeanor theft, entitling him to habeas relief.
• Bellsouth Advertising & Publ'g Corp. v. Metro. Dade Cnty.
  497 So. 2d 1321· Fla. 3d DCA· 1986-11-25
  The court affirmed the trial court's finding that Dade County Code Section 10.4.1 is constitutional, rejecting BellSouth's challenges based on vagueness, delegation of legislative power, and First Amendment free speech grounds.
• Coffin v. State
  374 So. 2d 504· Fla.· 1979-07-18
  Clifford Coffin, president of a cemetery company, was convicted of violating Florida's cemetery trust fund statute by failing to make required ten percent contributions to a care and maintenance trust fund. The Florida Supreme Court affirmed his conviction, rejecting constitution
• Kreiling v. Field
  431 F.2d 502· 9th Cir.· 1970-09-14
  The court held that the petitioner's sentence was not cruel and unusual punishment and that his counsel's assistance was effective.
• State v. Ibrahim Ramos
  232 So. 2d 381· Fla.· 1970-02-25
  The court held that the term 'profess' in the statute prohibiting unlicensed podiatry practice is not unconstitutionally vague.
• Heinlein v. Dade Cnty.
  33 Fla. Supp. 41· Dade Cty. Cir. Ct.· 1969-10-15
  The Heinleins challenged the validity of Dade County's housing code on constitutional grounds. The circuit court, following remand from the District Court of Appeal, granted a final declaratory judgment upholding the code as constitutional and denying the plaintiffs' relief.
• Bass v. United States
  324 F.2d 168· 8th Cir.· 1963-11-01
  The court held that the evidence was sufficient to support the jury's verdict and that the trial court did not err in its instructions or rulings.