Vagueness Challenge

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

• Grant v. State
  363 So. 2d 1063· Fla.· 1978-05-26 ·cited 421×
• Westerheide v. State
  831 So. 2d 93· Fla.· 2002-10-17 ·cited 239×
  The Florida Supreme Court upheld the constitutionality of the Jimmy Ryce Act, which provides for the involuntary civil commitment of persons convicted of sexual offenses and found to be sexually violent predators. The court rejected challenges based on ex post facto, double jeopa
• In re Japanese Elec. Prods. Antitrust Litig. (D.C. MDL No. 189). Zenith Radio Corp. v. Matsushita Elec. Indus. Co., Ltd.
  723 F.2d 238· 3d Cir.· 1983-12-05 ·cited 237×
  The court held that the trial court erred in granting summary judgment for most defendants because material issues of disputed fact remained, requiring reversal of the judgment as to those defendants.
• Hall v. State
  614 So. 2d 473· Fla.· 1993-01-14 ·cited 129×
  Freddie Lee Hall appeals his death sentence imposed on resentencing for the 1978 rape, murder, and robbery of a pregnant woman and the murder of a deputy sheriff. The Florida Supreme Court affirms the death sentence, rejecting Hall's challenges to jury selection, jury instruction
• United States v. Bohonus
  628 F.2d 1167· 9th Cir.· 1980-03-27 ·cited 122×
  The court held that the mail fraud statute, 18 U.S.C. § 1341, can be applied to schemes involving employee disloyalty and the deprivation of intangible rights, and that the indictment provided sufficient notice to the defendant.
• United States v. Gennaro J. Angiulo
  897 F.2d 1169· 1st Cir.· 1990-03-05 ·cited 101×
  The court affirmed the defendants' convictions and sentences but reversed certain portions of the forfeiture order.
• Int'l Soc'y FOR Krishna Consciousness OF Atlanta v. Eaves
  601 F.2d 809· 5th Cir.· 1979-08-30 ·cited 88×
  The court held that the challenges to the solicitation booth requirement and the vagueness/overbreadth of § 9(a) were justiciable, but the challenge to the penalty provisions presented a closer question.
• United States v. Williams
  876 F.2d 1521· 11th Cir.· 1989-07-12 ·cited 78×
  The court held that the initial stop of the appellants' automobile was supported by reasonable suspicion and that the sentencing statute for crack cocaine offenses was not unconstitutionally vague.
• Burnsed v. Seaboard Coastline R.R. Co.
  290 So. 2d 13· Fla.· 1974-02-06 ·cited 78×
  The Florida Supreme Court reversed the trial court's determination that Section 357.08, Florida Statutes (requiring railroads to place lighted fusees at highway crossings blocked during darkness) was unconstitutional. The Court held the statute is a valid exercise of the state's
• Winyatta Butler v. State
  838 So. 2d 554· Fla.· 2003-01-30 ·cited 75×
  A trial court may sentence a defendant to a term in excess of the statutory maximum for an offense committed after October 1, 1998, if the lowest permissible sentence under the Criminal Punishment Code exceeds the statutory maximum.
• Basiardanes v. City OF Galveston
  682 F.2d 1203· 5th Cir.· 1982-08-19 ·cited 69×
  The court held that the zoning ordinance restricting adult theaters was an unconstitutional prior restraint on speech because it was not narrowly tailored to serve a substantial governmental interest and effectively banned such theaters from the city.
• Granda v. United States
  990 F.3d 1272· 11th Cir.· 2021-03-11 ·cited 65×
  Carlos Granda challenged his conviction under 18 U.S.C. § 924(o) for conspiracy to possess a firearm in furtherance of a crime of violence or drug-trafficking crime, arguing that the jury instruction improperly included conspiracy to commit Hobbs Act robbery as a valid predicate
• State v. Brake
  796 So. 2d 522· Fla.· 2001-09-20 ·cited 64×
  The Florida Supreme Court reviewed a district court decision invalidating Florida Statute 787.025, which criminalizes luring a child under twelve into a structure by persons with prior sexual offense convictions. The Court held the statute is not unconstitutionally vague or overb
• Dufresne v. State
  826 So. 2d 272· Fla.· 2002-09-05 ·cited 61×
  The Florida Supreme Court addressed whether the term "mental injury" in the child abuse statute (section 827.03(1)(b)) is unconstitutionally vague. The Court held that the term is not vague because it is adequately defined in related statutory provisions in chapter 39, and statut
• Textile Workers Pension Fund v. Standard DYE & Finishing Co., Inc.
  725 F.2d 843· 2d Cir.· 1984-01-09 ·cited 56×
  The court held that the retroactive application of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) withdrawal liability provisions is constitutional and does not violate employers' due process rights.
• United States v. Howard
  569 F.2d 1331· 5th Cir.· 1978-03-23 ·cited 56×
  The court held that the sale of secret grand jury testimony constitutes obstruction of justice under 18 U.S.C. § 1503, as the omnibus clause covers acts similar in result to those specifically enumerated.
• Rhodes v. State
  283 So. 2d 351· Fla.· 1973-09-19 ·cited 52×
  James Rhodes was convicted of exhibiting obscene films at his adult theater in violation of Florida's obscenity statute. The Florida Supreme Court affirmed his conviction, holding that the obscenity statute was sufficiently clear through prior judicial construction and that the a
• United States v. Turner
  928 F.2d 956· 10th Cir.· 1991-03-20 ·cited 47×
  The court held that the evidence was not the fruit of an illegal detention and that the statutory sentencing disparity for cocaine base does not violate due process.
• Club Madonna, Inc. v. City OF Miami Beach
  924 F.3d 1370· 11th Cir.· 2019-05-24 ·cited 44×
  The Eleventh Circuit held that most of the Club's claims challenging the City's ordinances were ripe for review, but affirmed the dismissal of due process claims for failure to state a claim and affirmed dismissal of a vagueness claim due to lack of standing.
• Bell v. State
  369 So. 2d 932· Fla.· 1979-02-22 ·cited 42×
  The court held that the appellants' convictions under the prostitution statute were valid and that their constitutional challenges lacked merit.
• United States v. Udofot
  711 F.2d 831· 8th Cir.· 1983-06-30 ·cited 40×
  The court held that 18 U.S.C. § 922(e) is not a specific intent crime and that the trial court did not err in its jury instructions regarding the statute and the passenger exception. The court also affirmed the denial of the motion to suppress.
• Planned Parenthood OF Central AND Northern Arizona v. The State OF Ariz.
  718 F.2d 938· 9th Cir.· 1983-10-18 ·cited 38×
  The court held that while Arizona can refuse to fund abortion-related activities, the footnote was potentially unconstitutionally broad by withholding all state funds. The court also found the term 'counseling for abortion procedures' not unconstitutionally vague.
• Gasparinetti v. Kerr
  568 F.2d 311· 3d Cir.· 1977-11-03 ·cited 36×
  The court held that two police department regulations prohibiting derogatory references and censoring official transactions were unconstitutionally overbroad. It also found a third regulation prohibiting public disparagement to be unconstitutionally overbroad. The court reversed
• State v. Catalano
  104 So. 3d 1069· Fla.· 2012-12-13 ·cited 34×
  The Florida Supreme Court affirmed the Second District Court of Appeal's declaration that Fla. Stat. § 316.3045, which prohibits amplified sound from vehicles that is "plainly audible" beyond 25 feet, is unconstitutional. The statute violates the First Amendment by creating a con
• High OL' Times, Inc. v. Busbee
  621 F.2d 135· 5th Cir.· 1980-07-09 ·cited 34×
  The court held that the district court abused its discretion by abstaining from hearing the constitutional challenges to the Georgia drug paraphernalia statutes, as the Pullman factors for abstention were not met.
• Lindsey v. Thigpen
  875 F.2d 1509· 11th Cir.· 1989-05-24 ·cited 32×
  The court denied all relief sought by the petitioner, including a stay of execution, appointment of new counsel, and certificates of probable cause, finding that his claims were procedurally barred, an abuse of the writ, or otherwise without merit.
• State v. COX
  627 So. 2d 1210· Fla. 2d DCA· 1993-12-01 ·cited 30×
  Cox and Jackman, who disclosed they are homosexual, were denied the opportunity to apply for adoption under Florida Statute § 63.042(3), which prohibits homosexuals from adopting. The trial court ruled the statute unconstitutional on vagueness, privacy, due process, and equal pro
• State v. Presidential Women's Ctr.
  937 So. 2d 114· Fla.· 2006-04-06 ·cited 24×
  The Florida Supreme Court reversed the Fourth District Court of Appeal's decision striking down the Woman's Right to Know Act's informed consent requirement for abortion procedures. The Court held that the Act's requirement that physicians inform patients of medical risks is a co
• Planned Parenthood OF Central AND Northern Arizona v. The State OF Ariz.
  789 F.2d 1348· 9th Cir.· 1986-05-15 ·cited 24×
  The court held that the district court properly granted summary judgment on the constitutionality of the statute's second paragraph and that the award of attorneys' fees should be affirmed in part and reversed in part, specifically reversing the use of a multiplier.
• NEW England Accessories Trade Ass'n, Inc. v. City OF Nashua
  679 F.2d 1· 1st Cir.· 1982-05-24 ·cited 24×
  The court held that neither the City of Nashua's drug paraphernalia ordinance nor New Hampshire's drug paraphernalia statute are unconstitutionally vague or overbroad.
• RAY Evers Welding Co. v. Occupational Safety & Health Review Comm'n
  625 F.2d 726· 6th Cir.· 1980-04-29 ·cited 24×
  The court held that while 29 CFR § 1926.28(a) is not unconstitutionally vague under a limiting construction, the Secretary failed to provide substantial evidence that the employer violated the regulation by not requiring safety belts.
• United States v. ONE 1972 Mercedes-Benz 250
  545 F.2d 1233· 9th Cir.· 1976-11-18 ·cited 24×
  The court held that the forfeiture statutes were constitutional and that the claimant's petition for remission was properly denied, affirming the forfeiture judgment.
• Bunge Corp. v. Sec'y OF Labor & the Occupational Safety & Health Review Comm'n
  638 F.2d 831· 5th Cir.· 1981-03-05 ·cited 20×
  The court held that a violation of an OSHA housekeeping regulation is considered 'repeated' if the same standard is violated more than once with substantially similar violative elements, and the Secretary of Labor bears the burden of proving this similarity.
• United States v. Simpson
  481 F.2d 582· 5th Cir.· 1973-06-29 ·cited 18×
  The court held that the imposition of a special parole term under 21 U.S.C. § 841(b)(1)(B) does not violate the Fifth Amendment due process clause or the Eighth Amendment, and that challenges to the specific conditions or supervision of parole are not ripe for adjudication before
• Racich v. The Celotex Corp.
  887 F.2d 393· 2d Cir.· 1989-10-05 ·cited 16×
  The court held that punitive damages were permissible under New York's revival statute and that the award was not tainted by improper remarks, nor did it violate constitutional due process protections that were properly preserved.
• Brache v. Cnty. OF Westchester
  658 F.2d 47· 2d Cir.· 1981-08-18 ·cited 16×
  A district court should not adjudicate the constitutionality of an ordinance as applied to conduct for which a plaintiff has no standing, even if the plaintiff has standing to challenge the ordinance as applied to other conduct.
• Dodson v. Nat'l Transp. Safety Bd. & The Fed. Aviation Admin.
  644 F.2d 647· 7th Cir.· 1981-03-12 ·cited 16×
  The court held that the NTSB's order denying the airman's medical certificate was supported by substantial evidence and that the relevant regulation was not unconstitutionally vague.
• United States v. Larsen
  904 F.2d 562· 10th Cir.· 1990-06-04 ·cited 14×
  The court held that the weight of blotter paper containing LSD can be included in calculating the quantity to invoke the mandatory minimum sentence under 21 U.S.C. § 841(b)(l)(B)(v).
• Womens Servs. v. Thone
  636 F.2d 206· 8th Cir.· 1980-12-08 ·cited 14×
  The court affirmed the district court's judgment, finding that while certain provisions of the Nebraska abortion regulation law unduly burdened a woman's right to an abortion under substantive due process, other provisions did not violate the Establishment or Free Exercise Clause
• Zuppardi v. State
  367 So. 2d 601· Fla.· 1978-10-26 ·cited 14×
  Appellants challenged the constitutionality of Florida's bookmaking statute as vague and overbroad, and challenged wiretap authorization and consent procedures used in their gambling investigation. The Florida Supreme Court upheld the statute's constitutionality and affirmed the
• First Amendment Found. OF Fla., Inc. v. State
  364 So. 2d 450· Fla.· 1978-10-12 ·cited 14×
  The Florida Supreme Court upheld the conviction of First Amendment Foundation of Florida, Inc. for distributing obscene films under Florida Statutes Section 847.07. The court rejected constitutional challenges to both the obscenity statute's vagueness and the statute authorizing
• State v. Weeks
  335 So. 2d 274· Fla.· 1976-07-08 ·cited 14×
  Dr. Percy Weeks, a licensed physician charged with seventeen counts of unlawfully delivering controlled substances, challenged the constitutionality of Florida's drug statute, arguing that the "good faith" standard for medical practitioners was unconstitutionally vague. The Flori
• Wishart v. McDONALD
  500 F.2d 1110· 1st Cir.· 1974-07-10 ·cited 14×
  A tenured teacher's dismissal for public conduct deemed unbecoming, even if occurring on private property, is not arbitrary or capricious and does not violate due process if the conduct could reasonably be seen as affecting his ability to teach.
• State v. Catalano
  60 So. 3d 1139· Fla. 2d DCA· 2011-05-11 ·cited 13×
  The Florida Second District Court of Appeal denied the State's petition for certiorari challenging a circuit court's decision that section 316.3045, which restricts car stereo volume on public streets, is unconstitutional. The court held the statute is both facially vague under t
• Jones v. Williams Pawn & GUN, Inc.
  800 So. 2d 267· Fla. 4th DCA· 2001-10-10 ·cited 13×
  Section 790.17, Florida Statutes, prohibiting the sale of firearms to persons of unsound mind, is not unconstitutionally vague as applied. The statute provides fair notice under its plain and ordinary meaning—derived from Black's Law Dictionary defining "unsound mind" as describi
• Hughes v. State
  943 So. 2d 176· Fla. 3d DCA· 2006-07-12 ·cited 12×
  Christopher Hughes, a commercial airline pilot, was convicted of operating an aircraft while intoxicated or in a careless or reckless manner in violation of Florida Statutes § 860.13 after he and his copilot attempted to fly a passenger aircraft while under the influence. The Thi
• Adamson v. Ricketts
  758 F.2d 441· 9th Cir.· 1985-04-18 ·cited 12×
  The court held that the admission of certain hearsay statements was a Confrontation Clause violation but harmless error, and that Arizona's death penalty statute is constitutional as applied.
• United States v. Vigil
  743 F.2d 751· 10th Cir.· 1984-09-10 ·cited 12×
  The court held that the trial court did not err in excluding evidence for the necessity defense and that the designation as a Dangerous Special Offender was constitutional.
• United States v. Bengston
  702 F.2d 656· 7th Cir.· 1983-03-18 ·cited 12×
  The court held that the indictment was constitutionally sufficient but remanded for an evidentiary hearing on whether the attorney's motion to withdraw due to a conflict of interest was dilatory.
• Clark v. State
  790 So. 2d 1030· Fla.· 2001-06-28 ·cited 11×
  The court held that the Prison Releasee Reoffender Act is not unconstitutionally vague and applies to defendants who commit qualifying offenses while incarcerated.