Vagueness Challenge To Statute

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

• United States v. A Single Fam. Residence & Real Prop. Located AT 900 RIO Vista BLVD.
  803 F.2d 625· 11th Cir.· 1986-11-03 ·cited 111×
  The court held that the property was forfeitable as proceeds traceable to illegal drug transactions and that the appeal was frivolous, warranting sanctions.
• McCREARY v. State
  371 So. 2d 1024· Fla.· 1979-05-10 ·cited 99×
  The Florida Supreme Court upheld section 782.071, the vehicular homicide statute, against a vagueness challenge and affirmed the conviction of a driver whose vehicle struck another car at an intersection, killing a passenger. The court held that vehicular homicide is a lesser inc
• United States v. Becton
  751 F.2d 250· 8th Cir.· 1984-12-27 ·cited 70×
  The court held that the evidence was sufficient to support the continuing criminal enterprise (CCE) conviction and the first Travel Act conviction, but not the second Travel Act conviction. The court also found no reversible error in evidentiary rulings or indictment defects.
• United States v. Dozier
  672 F.2d 531· 5th Cir.· 1982-04-08 ·cited 70×
  The court held that the Hobbs Act is not unconstitutionally vague as applied to elected officials soliciting funds under color of official right, and that the jury instructions were adequate.
• United States v. RAY
  731 F.2d 1361· 9th Cir.· 1984-04-24 ·cited 64×
• United States v. Brooks
  611 F.2d 614· 5th Cir.· 1980-02-11 ·cited 57×
  The court held that the jury instructions, while potentially incomplete, were sufficient to present the core issues to the jury and that any error was harmless given the overwhelming evidence.
• United States v. Gross
  451 F.2d 1355· 7th Cir.· 1971-11-02 ·cited 46×
  The court held that the statute prohibiting dealing in firearms without a license was not unconstitutionally vague and that the defendant's repeated sales constituted engaging in the business of dealing firearms.
• United States v. Broncheau
  597 F.2d 1260· 9th Cir.· 1979-05-30 ·cited 45×
  The court held that the indictment was sufficient, 18 U.S.C. § 1153 is not void for vagueness, federal courts have jurisdiction over certain crimes committed by Indians in Indian country, and the assertion of federal jurisdiction does not violate equal protection or due process.
• United States v. Concepcion Mena
  863 F.2d 1522· 11th Cir.· 1989-01-23 ·cited 43×
  The court affirmed the convictions and sentences, finding no reversible error in the denial of motions to dismiss, suppress, or compel production, nor in the sufficiency of evidence, jurisdictional findings, or comments made during closing arguments.
• United States v. DeROSA
  670 F.2d 889· 9th Cir.· 1982-03-04 ·cited 43×
  The court held that the evidence was sufficient to sustain convictions for RICO and narcotics violations, and that the trial court did not err in denying severance motions or in its rulings on other claims.
• United States v. Kenner
  354 F.2d 780· 2d Cir.· 1965-12-15 ·cited 42×
  The court held that the trial judge's modified Allen charge, while borderline coercive, was saved by disclaimers and willingness to accept any verdict, and that other claims of error lacked merit.
• United States v. Clemente Julio-Diaz
  678 F.2d 1031· 11th Cir.· 1982-06-17 ·cited 38×
  The court held that the evidence was sufficient to establish the vessel was of United States registry and that the appellants' convictions for conspiracy and possession with intent to distribute marijuana were valid.
• 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.
• Hoberman v. State
  400 So. 2d 758· Fla.· 1981-04-30 ·cited 24×
  Tape recordings of conversations held in a defendant's home, made via a body bug worn by an undercover agent transmitting to police outside, should have been suppressed because such recordings violate constitutional protections against private communications in the home.
• DAN J. Sheehan Co. v. Occupational Safety & Health Review Comm'n
  520 F.2d 1036· 5th Cir.· 1975-10-08 ·cited 24×
  The court held that an employer's letter admitting a violation but only contesting the penalty does not preserve the right to challenge the citation's validity. Furthermore, OSHA's enforcement procedures do not unconstitutionally chill an employer's right to a hearing.
• Smith v. United States
  356 F.2d 868· 8th Cir.· 1966-02-23 ·cited 24×
  The court held that the statute was constitutional, the entry offense did not merge with the completed larceny, the sentence was within statutory limits, and the indictment was sufficient for collateral attack.
• Brown v. State
  610 So. 2d 1356· Fla. 1st DCA· 1992-12-30 ·cited 22×
  James Brown challenged his conviction for selling cocaine within 200 feet of a public housing project under Florida Statute § 893.13(1)(o), arguing the statute was unconstitutional on multiple grounds. The Florida First District Court of Appeal rejected all constitutional challen
• United States v. Tapert
  625 F.2d 111· 6th Cir.· 1980-06-16 ·cited 22×
  A physician who receives illegal kickbacks from laboratories for referring Medicaid patients is considered to have 'furnished items or services' for which federal funds are paid and received kickbacks 'in connection with' those services.
• Alsager v. Dist. Court OF Polk Cnty.
  518 F.2d 1160· 8th Cir.· 1975-06-17 ·cited 20×
  The court held that the district court abused its discretion in denying declaratory relief, as the case presented an actual controversy ripe for determination with a useful purpose.
• Jones v. Pittsburgh Nat'l Corp. t/d/b/a Pittsburgh Nat'l Bank
  899 F.2d 1350· 3d Cir.· 1990-04-03 ·cited 18×
  The court held that the attorney's recusal motion was properly denied, but the sanctions order against him must be vacated and remanded due to insufficient notice and failure to differentiate between Rule 11 and § 1927 standards.
• United States v. Molt
  631 F.2d 258· 3d Cir.· 1980-10-09 ·cited 14×
  The court held that the Speedy Trial Act's time limits were not exceeded, and affirmed the district court's denial of the defendant's motion to dismiss the indictments.
• Roger diLEO v. Greenfield
  541 F.2d 949· 2d Cir.· 1976-09-01 ·cited 13×
  The dissenting judge believes the federal court should have abstained, allowing state courts to construe the teacher termination statute, rather than affirming the judgment based on a federal court's narrow interpretation.
• Orlando Reg'l Healthcare Sys., Inc. v. Dajuanda Alexander
  909 So. 2d 582· Fla. 5th DCA· 2005-09-02 ·cited 12×
  Orlando Regional Healthcare System appeals an administrative law judge's order denying NICA's exclusive remedy based on the healthcare provider's failure to provide pre-delivery notice to the patient. The court reverses on the notice issue, holding that the statutory exemption fo
• Ismail Abdul Hakim Akbar v. State
  570 So. 2d 1047· Fla. 1st DCA· 1990-11-27 ·cited 12×
  Ismail Abdul Hakim Akbar challenged his habitual felony offender sentence for two cocaine sales convictions, arguing that the trial judge improperly admitted evidence of facts for which he was not charged and that the habitual offender statute was unconstitutionally vague. The ap
• Robert Doyle, M.D. v. Sec'y OF Health & Human Servs.
  848 F.2d 296· 1st Cir.· 1988-06-03 ·cited 12×
  The court held that a doctor must exhaust administrative remedies before seeking judicial review of a Medicare sanction, and that the statute and procedures used were constitutional.
• United States v. Howard
  654 F.2d 522· 8th Cir.· 1981-07-24 ·cited 12×
  The Assimilative Crimes Act allows prosecution for escape from state custody on a federal reservation when no federal statute specifically covers such an escape.
• Zerweck v. State
  409 So. 2d 57· Fla. 4th DCA· 1982-01-06 ·cited 11×
  John Zerweck, a Margate city commissioner and former mayor, was found by the State Commission on Ethics to have violated Florida's Code of Ethics by accepting employment with a company subject to city regulatory oversight. The Fourth District Court of Appeal affirmed the finding,
• Isaac v. State
  626 So. 2d 1082· Fla. 1st DCA· 1993-11-17 ·cited 10×
  Kevin Isaac appeals his conviction for attempted murder of a law enforcement officer under Florida Statute § 784.07(3), challenging the constitutionality of the statute and various trial rulings. The First District Court of Appeal affirmed the conviction, holding that the statute
• United States v. Donnie G. Brunson
  882 F.2d 151· 5th Cir.· 1989-08-21 ·cited 10×
  The court held that the indictment sufficiently charged an offense under 18 U.S.C. § 215 and the evidence was sufficient to support the conviction, but the district court erred in applying the incorrect sentencing guideline.
• Hartnett, Inc. v. Dep't OF Ins. OF the State of Fla.
  432 So. 2d 155· Fla. 3d DCA· 1983-05-10 ·cited 10×
  The court held that Section 626.734, Florida Statutes (1981) is constitutional and that there was sufficient evidence to support the jury's finding of individual liability for unpaid insurance premiums.
• Greenway v. State
  413 So. 2d 23· Fla.· 1982-04-08 ·cited 10×
  The court held that section 944.47, Florida Statutes (Supp.1978) is not unconstitutionally vague as applied to the appellant's conduct of smuggling contraband into a prison.
• Glenwood von Edwards v. State
  377 So. 2d 684· Fla.· 1979-11-21 ·cited 10×
  The Florida Supreme Court upheld the constitutionality of Florida's burglary statute against charges that it was unconstitutionally vague and overbroad. The appellant was charged with burglary of a conveyance by taking apart a portion of a motor vehicle with intent to commit larc
• Ahmad Saidi v. State
  845 So. 2d 1022· Fla. 5th DCA· 2003-05-30 ·cited 8×
  Ahmad Saidi was convicted of sending written threats of death or bodily injury in violation of Florida Statute § 836.10 after sending angry letters and documents to his former wife's attorney during a contentious family law proceeding. Saidi challenged his conviction as violating
• Turner v. State
  615 So. 2d 819· Fla. 1st DCA· 1993-03-16 ·cited 8×
  Florida appellate court affirmed Turner's cocaine trafficking conviction under Fla. Stat. § 893.13(1)(i) but struck certain probation conditions not orally pronounced and dismissed without prejudice his unpreserved challenge to his plea's voluntariness.
• United States v. Long
  977 F.2d 1264· 8th Cir.· 1992-10-20 ·cited 8×
  The court affirmed the convictions and sentences, finding sufficient evidence for money laundering and conspiracy charges, and rejecting claims of instructional error, prejudicial cross-examination, unconstitutional vagueness, and improper denial of severance.
• Clark v. Ricketts
  958 F.2d 851· 8th Cir.· 1991-08-09 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, holding that the Sixth Amendment right of confrontation was not violated by concealing a witness's identity when necessary for safety, and that the state death penalty statute and sentencing procedures were constitution
• Jeffers v. Ricketts
  832 F.2d 476· 9th Cir.· 1987-11-09 ·cited 8×
  The Arizona Supreme Court's construction of A.R.S. § 13-703(F)(6) to find aggravating circumstances was not unconstitutional, and federal courts should apply a deferential standard of review to such findings.
• Shabazz Randazo Harris v. State
  655 So. 2d 1179· Fla. 1st DCA· 1995-05-12 ·cited 6×
  Harris appeals his conviction for sale of cocaine within 200 feet of a public housing facility, challenging the sufficiency of plea advice, the constitutionality of the statute, and discrepancies between oral and written probation conditions. The court reversed in part, vacating
• United States v. Lane
  834 F.2d 645· 7th Cir.· 1987-11-24 ·cited 6×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or other constitutional violations, and therefore, the denial of his habeas corpus petition was affirmed.
• United States v. Hoover
  727 F.2d 387· 5th Cir.· 1984-03-05 ·cited 6×
  The court held that the defendant failed to establish a prima facie case of selective prosecution, and therefore the district court did not err in refusing to dismiss the indictment.
• State v. Wagner
  403 So. 2d 1349· Fla. 5th DCA· 1981-09-09 ·cited 6×
  Section 480.047, Florida Statutes prohibits falsely representing oneself as a licensed masseur, not the practice of massage itself. To prove a violation, the State must show that the defendant represented himself as administering massage for compensation, represented he was licen
• United States v. Tamargo
  637 F.2d 346· 5th Cir.· 1981-02-17 ·cited 6×
  The court held that the statute governing misapplication of CETA funds (18 U.S.C. § 665(a)) is constitutional as applied, and the evidence was sufficient to support the convictions of the appellants for mail fraud, CETA misapplication, and making false statements.
• Duke v. Smith
  784 F. Supp. 865· S.D. Fla.· 1992-01-30 ·cited 4×
  The court held that the actions of the Presidential Candidate Selection Committee, despite its statutory creation, were not state actions, and thus plaintiffs failed to establish a claim under 42 U.S.C. § 1983.
• United States v. Sterling Johnson
  735 F.2d 373· 9th Cir.· 1984-06-15 ·cited 4×
  The court held that the jury instructions on intent were not erroneous and the statute prohibiting misuse of a diplomatic passport was not unconstitutionally vague.
• United States v. Kamber
  458 F.2d 918· 7th Cir.· 1971-11-19 ·cited 4×
  The court held that the defendant's conviction for making a false statement to the Selective Service was valid, rejecting all his grounds for appeal.
• Enriguez v. State
  858 So. 2d 338· Fla. 2d DCA· 2003-09-17 ·cited 3×
  Antonio Uzcanga Enriguez appeals his conviction for felony dumping under Florida's littering statute, arguing the statute is unconstitutional. The appellate court affirmed, holding that the statute is not facially unconstitutional and that Enriguez failed to preserve his constitu
• Cantrell v. State
  403 So. 2d 977· Fla.· 1981-08-06 ·cited 3×
  The Florida Supreme Court upheld RICO convictions under section 943.462(3) against constitutional challenges, rejecting arguments that the statute was vague and unconstitutionally applied. The court found the charging information sufficient and affirmed the convictions based on n
• Guardian Plans Inc. v. Teague
  870 F.2d 123· 4th Cir.· 1989-03-07 ·cited 2×
• Redford v. United States Dep't OF Treas.
  691 F.2d 471· 10th Cir.· 1982-10-21 ·cited 2×
  The court held that the statute prohibiting firearm possession by those adjudicated mentally incompetent is not unconstitutionally vague as applied to Redford, and forfeiture of firearms does not require compensation.
• Parris v. State
  359 So. 3d 1178· Fla. 4th DCA· 2023-04-12 ·cited 1×
  The Sunshine Law does not violate due process by failing to define "reasonable notice" and "open to the public" because these terms receive ample guidance from case law and plain meaning, and Parris's participation in an unannounced meeting without public notice constituted a kno