Unconstitutional Vagueness

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

• Honorable Ronald v. Dellums
  566 F.2d 167· D.C. Cir.· 1977-08-04 ·cited 133×
  The dissenting judge argues that the majority opinion erred by failing to consider the context of widespread, violent protests preceding the incident in question, which would have supported police immunity.
• Cramp v. The Bd. OF Pub. Instruction OF Orange Cnty.
  137 So. 2d 828· Fla.· 1962-02-14 ·cited 132×
  On remand from the U.S. Supreme Court's decision in Cramp v. Board of Public Instruction striking down a Florida loyalty oath as unconstitutionally vague, the Florida Supreme Court determined that only the clause prohibiting aid to the Communist Party was invalid, and that the re
• State v. Saunders
  339 So. 2d 641· Fla.· 1976-11-12 ·cited 125×
  The Florida Supreme Court affirmed dismissal of charges against Saunders for resisting arrest, holding that the arrest of the person he resisted was unlawful because it lacked probable cause under the Breach of Peace statute. The Court clarified that Florida Statute 877.03 is con
• Archer v. State
  673 So. 2d 17· Fla.· 1996-03-14 ·cited 88×
  Robin Archer was convicted of first-degree murder, armed robbery, and grand theft and received a death sentence following a resentencing proceeding ordered by this Court due to improper jury instructions on an aggravating factor. The Florida Supreme Court affirmed the death sente
• Talbot D'Alemberte v. William (Dale) Anderson
  349 So. 2d 164· Fla.· 1977-05-26 ·cited 85×
  The Florida Supreme Court affirmed the District Court's invalidation of Florida Statutes Section 112.313(1), which prohibited public officials from accepting gifts that would cause a reasonably prudent person to be influenced in their official duties. The court found the statute
• State v. Bales
  343 So. 2d 9· Fla.· 1977-02-03 ·cited 79×
  The Florida Supreme Court upheld the constitutionality of Florida's massage licensing statute (Chapter 480) against vagueness and overbreadth challenges, finding it provided adequate notice of prohibited conduct. The court reversed the trial court's dismissal of charges under the
• Moshe Leib v. Hillsborough Cnty. Pub. Transp. Comm'n
  558 F.3d 1301· 11th Cir.· 2009-02-19 ·cited 57×
  The Eleventh Circuit affirmed the district court's dismissal of the plaintiff's complaint, holding that the Hillsborough County Public Transportation Commission's "luxury" requirement for limousines did not violate due process or equal protection, was not unconstitutionally vague
• Lindsey v. State
  453 So. 2d 485· Fla. 2d DCA· 1984-08-01 ·cited 40×
  Henry Lee Lindsey appeals his conviction on three counts of selling phenobarbital and one count of selling a substance in lieu of a controlled substance. The Second District affirmed his convictions but reversed his sentence, finding that the trial judge improperly departed from
• Johnson v. State
  44 So. 3d 198· Fla. 4th DCA· 2010-09-15 ·cited 34×
  The court held that the appellant's post-conviction petition and subsequent appeal were frivolous, abusive, and not brought in good faith, warranting referral for disciplinary procedures.
• United States v. Manfred Swarovski
  592 F.2d 131· 2d Cir.· 1979-02-08 ·cited 31×
  The court affirmed the conviction, holding that the State Department regulations were not unconstitutionally vague and that warrantless searches at the border were permissible.
• League of Women Voters of Fla. Inc. v. Fla. Sec'y of State
  66 F.4th 905· 11th Cir.· 2023-04-27 ·cited 23×
  The League of Women Voters of Florida challenged four provisions of Florida's Senate Bill 90 (enacted in 2021), claiming they violated the Fourteenth and Fifteenth Amendments and the Voting Rights Act by discriminating against Black voters through restrictions on ballot drop boxe
• In re Navarro
  931 F.3d 1298· 11th Cir.· 2019-07-30 ·cited 22×
• 414 Theater Corp. v. Murphy
  499 F.2d 1155· 2d Cir.· 1974-05-17 ·cited 22×
• A.C. v. State
  538 So. 2d 136· Fla. 3d DCA· 1989-02-14 ·cited 21×
  A juvenile was adjudicated delinquent for trespassing on public school property under Florida Statute 228.091(2). The juvenile appealed arguing the statute was unconstitutionally vague for failing to specify a time limit on school officials' orders to leave and for failing to def
• Lowell Joseph Kuvin v. City OF Coral Gables
  45 So. 3d 836· Fla. 3d DCA· 2010-08-25 ·cited 18×
  Kuvin challenges a municipal zoning ordinance prohibiting overnight parking of trucks in residential areas unless garaged, arguing it violates his First Amendment right of freedom of association and is unconstitutionally vague. The Florida District Court of Appeal affirms the ord
• Pliska v. City OF Stevens Point
  823 F.2d 1168· 7th Cir.· 1987-07-14 ·cited 14×
  The court held that the district court correctly applied res judicata to bar constitutional challenges to the ordinances, and that the jury's finding of reasonable suspicion for the investigatory stop was supported by sufficient evidence.
• Mauricio Beltran-Lopez v. State
  626 So. 2d 163· Fla.· 1993-09-02 ·cited 10×
  The Florida Supreme Court reaffirmed Mauricio Beltran-Lopez's death sentence for murder after the U.S. Supreme Court remanded the case in light of Espinosa v. Florida, which invalidated Florida's "especially heinous, atrocious, or cruel" aggravating circumstance as unconstitution
• State v. Appelbaum
  366 So. 2d 443· Fla.· 1979-01-04 ·cited 10×
• Lafayette Radio Elecs. Corp. v. The United States & the Fed. Commc'ns Comm'n
  345 F.2d 278· 2d Cir.· 1965-04-26 ·cited 10×
  The FCC regulation prohibiting hobby use of Citizens Radio Service is permissible under the Communications Act and does not violate the First Amendment or vagueness challenges.
• Beverly Enterprises-Florida, Inc. v. McVEY
  739 So. 2d 646· Fla. 2d DCA· 1999-07-21 ·cited 8×
  Beverly Enterprises, a nursing home operator, appeals a jury verdict in favor of Eldridge McVey's estate for negligence and statutory violations. The court affirmed the liability verdict but reversed the damage apportionment that had included the VA Hospital as a tortfeasor, hold
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & United States
  852 F.2d 1332· D.C. Cir.· 1988-07-29 ·cited 8×
  The court upheld the FCC's generic definition of indecency but vacated its new channeling approach, finding it inadequately justified and potentially violative of the First Amendment.
• State v. Greco
  479 So. 2d 786· Fla. 2d DCA· 1985-11-15 ·cited 8×
  Florida appealed from a county court order declaring Section 106.03 of the Florida Statutes unconstitutional and dismissing an indictment against individuals for failing to file a political committee statement of organization. The District Court of Appeal reversed, holding the st
• Breest v. Cunningham
  752 F.2d 8· 1st Cir.· 1985-01-11 ·cited 8×
  The court held that the state court's imposition of a special sentence under the psycho-sexual murder statute was unconstitutional because the court departed from the notice provided in the bill of particulars.
• Brooks v. State
  753 So. 2d 776· Fla. 5th DCA· 2000-03-24 ·cited 6×
• Pursley v. City OF Fayetteville
  820 F.2d 951· 8th Cir.· 1987-06-10 ·cited 6×
  The dissenting judge believes the residential picketing ordinance is constitutionally valid and not facially overbroad.
• Brown v. State
  406 So. 2d 1262· Fla. 4th DCA· 1981-12-09 ·cited 6×
  The court held that the probation condition 'Stay away from bars' was not unconstitutionally vague and related to rehabilitation and public protection.
• United States v. Gipe
  672 F.2d 777· 9th Cir.· 1982-03-26 ·cited 5×
  The court held that the determination of whether a location constitutes a 'non-Indian community' is an element of the crime of possessing intoxicating liquors in Indian country, and the prosecution bears the burden of proving this element beyond a reasonable doubt.
• United States v. Pearson
  940 F.3d 1210· 11th Cir.· 2019-10-15 ·cited 4×
  The Eleventh Circuit held that the District Court lacked jurisdiction over a new § 2255 challenge because the defendant did not obtain permission to file it. The court also held that the defendant failed to show his resentenced term was substantively unreasonable.
• Wirt v. Cent. Life Assurance
  613 So. 2d 478· Fla. 2d DCA· 1992-11-13 ·cited 4×
  Wirt challenged the dismissal of his fraud and civil RICO claims against an insurance company and its agent. The Florida appellate court reversed, holding that fraudulent concealment can toll the statute of limitations and that the civil RICO provisions are not unconstitutionally
• Diversified Numismatics, Inc. v. City of Orlando
  783 F. Supp. 1337· M.D. Fla.· 1990-09-06 ·cited 4×
  The court held that the amended Orlando precious metals ordinance is constitutional and that the plaintiffs lack standing to challenge it, granting summary judgment for the defendants.
• Judge Jim Scott v. Fort Bend Cnty.
  870 F.2d 164· 5th Cir.· 1989-03-07 ·cited 4×
  The court held that while collateral estoppel did not bar the constitutional claim, res judicata barred the federal suit because the claims could have been raised in the prior state court action.
• Hillery C. Thorne, Jr. v. Bailey
  846 F.2d 241· 4th Cir.· 1988-05-05 ·cited 4×
  The statute is unconstitutional because it is overbroad and abridges freedom of speech, and it was unconstitutionally applied to Thorne's conduct.
• State ex rel. GAS Kwick, Inc. v. Doyle Conner
  453 So. 2d 863· Fla. 1st DCA· 1984-07-19 ·cited 4×
  Gas Kwick, Inc. challenged the constitutionality of Florida's petroleum dealer statute under substantive due process, equal protection, and vagueness doctrines. The District Court of Appeal reversed the trial court's denial of mandamus, finding the statute constitutional under th
• United States v. Powell
  501 F.2d 1136· 9th Cir.· 1974-08-07 ·cited 4×
  The court held that 18 U.S.C. § 1715 is unconstitutionally vague as applied to firearms other than pistols and revolvers, violating the Fifth Amendment due process clause.
• Chad v. City of Ft. Lauderdale
  66 F. Supp. 2d 1242· N.D. Fla.· 1998-05-27 ·cited 2×
  The court held that Fort Lauderdale Rule 7.5(c), prohibiting soliciting, begging, or panhandling on the beach and adjacent sidewalk, is constitutional and not vague or overbroad.
• Harris v. State
  649 So. 2d 923· Fla. 1st DCA· 1995-02-07 ·cited 2×
  Court reversed conviction for sale of cocaine within 200 feet of public housing facility because the statute's "public housing facility" provision is unconstitutionally vague, but affirmed conviction for simple possession of cocaine.
• State v. Cuda
  622 So. 2d 502· Fla. 5th DCA· 1993-07-16 ·cited 2×
  Florida's exploitation statute criminalizing improper or illegal use of aged persons' funds was challenged as unconstitutionally vague. The court held that the word "improper" is unconstitutionally vague but "illegal" provides sufficient notice of prohibited conduct. The court se
• Turner v. Chicago Hous. Auth.
  969 F.2d 461· 7th Cir.· 1992-07-29 ·cited 2×
• Holy Cross Coll., Inc. v. La. High Sch. Athletic Ass'n
  632 F.2d 1287· 5th Cir.· 1980-12-18 ·cited 2×
  The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction, as the appellants properly alleged jurisdiction under 28 U.S.C. § 1343(3).
• Organized Fishermen of Florida v. Watt
  590 F. Supp. 805· S.D. Fla.· 1984-07-06 ·cited 1×
  The court held that the challenged regulations were a proper exercise of the Secretary's authority and not arbitrary or capricious, and that plaintiffs were not third-party beneficiaries of an agreement between the state and federal government.
• Weylin O. Rodriguez v. United States
  M.D. Fla.· 2025-10-17
  The court held that while the petitioner is entitled to a vacatur of his 18 U.S.C. § 924(c) conviction due to the Supreme Court's ruling in *Davis*, he is not entitled to a resentencing hearing because the vacatur does not alter his overall sentencing range or make his sentence m
• The Farmworker Ass'n of Fla., Inc. v. Attorney Gen. of the State of Fla.
  S.D. Fla.· 2024-02-08
  The court denied the plaintiffs' motion to proceed anonymously because their privacy concerns, particularly regarding immigration status and past trauma, did not outweigh the strong presumption of openness in judicial proceedings.
• NCF Freedom Inc v. Diaz
  N.D. Fla.· 2023-11-03
  NCF Freedom Inc. and other New College faculty and students sued to block the enforcement of Florida's SB 266, which restricts what can be taught in general education courses and limits state funding for certain campus programs and activities, arguing the law violates First Amend
• Ortiz v. United States
  S.D. Fla.· 2023-04-10
  The court held that the movant's challenge to his § 924(c) and (o) convictions based on United States v. Davis is not jurisdictional and is subject to procedural default, and that the movant cannot establish cause and prejudice or actual innocence to excuse the default.
• Hartsfield v. United States
  S.D. Fla.· 2022-09-19
  The court held that Movant's conviction on Count 5 is illegal because it was predicated on offenses no longer considered crimes of violence, and his procedural default is excused by actual innocence.
• Martinez Garin v. Menegazzo
  S.D. Fla.· 2022-05-25
  In this First Amendment retaliation and false arrest case, the district court denied the defendant officer's motion to dismiss claims arising from plaintiff's arrest at a 2020 Miami protest after he criticized police while filming and speaking through a megaphone. The court held
• Acevedo v. United States
  S.D. Fla.· 2022-04-22
  The court held that even if the movant's § 924(c) convictions were based in part on an unconstitutional predicate offense (Hobbs Act conspiracy), the error was harmless because the conspiracy was inextricably intertwined with valid predicate offenses (Hobbs Act robberies) and the
• Jones v. United States
  M.D. Fla.· 2021-04-15
  Jimmy A. Jones, a federal prisoner sentenced to 180 months imprisonment for felon in possession of a firearm with an Armed Career Criminal Act (ACCA) enhancement, challenged his sentence under 28 U.S.C. § 2255 based on the Supreme Court's decision in Johnson v. United States, whi
• Johnson v. United State of Am.
  M.D. Fla.· 2021-03-23
  The court held that the petitioner's motion to vacate his sentence was untimely and dismissed it, as he failed to establish grounds for equitable tolling or actual innocence.
• Battles v. United States
  M.D. Fla.· 2020-09-09
  The court held that the petitioner's convictions under 18 U.S.C. § 924(c) are valid because the predicate offense, Hobbs Act robbery, qualifies as a crime of violence under the statute's use-of-force clause, not the unconstitutionally vague risk-of-force clause.