Vagueness Challenge

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

• United States v. McCAULEY
  601 F.2d 336· 8th Cir.· 1979-05-15 ·cited 11×
  The court held that the National Firearms Act's definition of 'machinegun' was not unconstitutionally vague as applied to the defendant and that the Act does not require specific scienter for possession of such a weapon, consistent with prior Supreme Court precedent.
• Siplin v. State
  972 So. 2d 982· Fla. 5th DCA· 2007-12-28 ·cited 10×
  Gary Siplin appeals convictions for grand theft and misdemeanor violation of a campaign finance statute. The court reverses the grand theft conviction for insufficient evidence and reverses the misdemeanor conviction due to a missing mens rea jury instruction, though the misdemea
• Edwards v. State
  753 So. 2d 578· Fla. 4th DCA· 1999-11-10 ·cited 10×
  Richard Edwards was convicted of armed burglary under Florida's Prison Releasee Reoffender Act and challenged his conviction and sentence on appeal. The Fourth District Court of Appeal affirmed his conviction, rejecting challenges to both the trial court's voir dire rulings and t
• State v. Tremmel
  644 So. 2d 102· Fla. 2d DCA· 1994-09-23 ·cited 10×
• Hale v. State
  589 So. 2d 1000· Fla. 1st DCA· 1991-11-15 ·cited 10×
  Michael Hale appealed his sentences for burglary and petit theft, challenging the constitutionality of Florida's habitual offender statute and objecting to sentencing discrepancies and court costs. The court affirmed the convictions and sentences but remanded to correct the writt
• Ferris J. Alexander & U.S. Video, Inc. v. The City OF Minneapolis
  928 F.2d 278· 8th Cir.· 1991-03-18 ·cited 10×
  The court held that U.S. Video lacked standing to challenge the ordinance for vagueness, and that the ordinance did not violate the First Amendment as applied to Alexander's theaters because reasonable relocation alternatives existed.
• Educ. Servs., Inc. v. Md. State Bd. FOR Higher Educ.
  710 F.2d 170· 4th Cir.· 1983-06-23 ·cited 10×
  The court held that the district court erred in abstaining from hearing the case, as neither Burford nor Pullman abstention doctrines applied. The court affirmed the denial of the default judgment motion.
• Tenney v. State
  395 So. 2d 1244· Fla. 2d DCA· 1981-03-25 ·cited 10×
  Richard Tenney, a city commissioner, challenged the constitutionality of Fla. Stat. § 112.313(6) (prohibiting corrupt misuse of public office), and the Commission on Ethics appealed a ruling that struck its probable cause finding as procedurally deficient. The court upheld the st
• Newberger v. State
  641 So. 2d 419· Fla. 2d DCA· 1994-07-29 ·cited 9×
  Mitchell Scott Newberger was convicted of modifying intellectual property and making a false statement to obtain a credit card. The Florida District Court of Appeal upheld the constitutionality of the statute criminalizing modification of intellectual property but reversed his co
• Moorehead v. State
  383 So. 2d 629· Fla.· 1980-05-01 ·cited 9×
  Moorehead was convicted under Florida's RICO statute for being employed by an enterprise conducting racketeering activity. The Florida Supreme Court upheld the statute against challenges that it was unconstitutionally vague and over-broad, holding that the statutory language suff
• Marshall v. State
  789 So. 2d 969· Fla.· 2001-07-05 ·cited 8×
  The court held that the Prison Releasee Reoffender Act does not increase the maximum statutory penalty, and therefore, Apprendi does not require proof of a defendant's release to a jury beyond a reasonable doubt.
• United States v. Kaufmann
  985 F.2d 884· 7th Cir.· 1993-02-02 ·cited 8×
  The court held that it has appellate jurisdiction over the conviction and sentence, and that sufficient evidence supported the conviction for attempted money laundering.
• United States v. Easter
  981 F.2d 1549· 10th Cir.· 1992-12-10 ·cited 8×
  The court should remand for a hearing on the defendant's claim that the government withheld a sentence reduction motion in retaliation for exercising his right to a jury trial.
• Clark v. Ricketts
  942 F.2d 567· 9th Cir.· 1991-08-09 ·cited 8×
  The court held that the appellant's Sixth Amendment right of confrontation was not violated by the concealment of a witness's identity and address, and that his Fifth and Sixth Amendment claims regarding a presentence interview were either frivolous or procedurally barred. The co
• Falzone v. State
  500 So. 2d 1337· Fla.· 1987-01-05 ·cited 8×
  Sam Falzone was indicted for failing to file a statement of organization as a political committee under Florida's Campaign Finance Law. He challenged the constitutionality of the statute as vague and overbroad, but the Florida Supreme Court upheld the law's facial validity, rejec
• United States v. Michael Burke aka Eric Boone
  694 F.2d 632· 9th Cir.· 1982-12-14 ·cited 8×
  A guilty plea waives the right to challenge a statute's vagueness as applied to the defendant's conduct, especially when the statute's conditions were met before the plea.
• Martin v. State
  377 So. 2d 706· Fla.· 1979-12-06 ·cited 8×
  Martin challenges his conviction for second-degree murder following heroin distribution that proximately caused a death, arguing the first-degree felony murder statute violates due process and is unconstitutionally vague, and that the victim's voluntary participation precludes fe
• Herzbrun v. Milwaukee Cnty.
  504 F.2d 1189· 7th Cir.· 1974-10-17 ·cited 8×
  The court held that the county rule's provision for discipline based on acts unbecoming an employee was not unconstitutionally vague or overbroad, particularly for an employee whose conduct was clearly within the rule's scope.
• Ladrey v. Comm'n on Licensure to Practice the Healing Art in the Dist. of Columbia
  261 F.2d 68· D.C. Cir.· 1958-07-31 ·cited 8×
  The dissenting judge holds that the admission of testimony concerning telephone conversations was improper because it constituted an unlawful interception under the Federal Communications Act, and that the license revocation statute is void for vagueness.
• State v. J.A.S.
  686 So. 2d 1366· Fla. 5th DCA· 1997-01-03 ·cited 7×
  The court held that the trial court erred in dismissing charges of statutory rape against minors, finding that the statute was constitutional as applied and that issues of equal protection and cruel and unusual punishment were premature.
• Edwards v. Butler
  882 F.2d 160· 5th Cir.· 1989-09-01 ·cited 7×
  The court affirmed the denial of the habeas petition, finding no constitutional violations in the state court proceedings.
• Royal v. State
  784 So. 2d 1210· Fla. 5th DCA· 2001-04-12 ·cited 6×
  Mark Royal appeals his conviction for selling cocaine within 1,000 feet of a convenience business, challenging the statute as unconstitutionally vague because it defines 'convenience business' by reference to another statute. The court affirms, holding that the statute is suffici
• Ecenrode v. State
  576 So. 2d 967· Fla. 5th DCA· 1991-04-04 ·cited 6×
  Florida appellate court affirmed a sentence and rejected a vagueness challenge to sentencing guidelines' permitted range, but reversed the imposition of costs for lack of notice.
• United States v. Buckalew
  859 F.2d 1052· 1st Cir.· 1988-10-20 ·cited 6×
  The court held that the evidence was sufficient to convict the appellant of solicitation to commit armed bank robbery and that the statute was not unconstitutionally vague.
• Ruiz v. The Comm'r OF the Dep't OF Transp. OF the City OF NEW York & the N.Y. State Dep't of Motor Vehicles
  858 F.2d 898· 2d Cir.· 1988-10-07 ·cited 6×
  The court held that the plaintiffs' federal claims were barred by res judicata because they were in privity with the plaintiffs in a prior state court action that decided the same issues.
• Jones v. Honorable David L. Wilkinson
  800 F.2d 989· 10th Cir.· 1986-09-08 ·cited 6×
  The court held that federal law preempts state regulation of cable television programming content, and that a party's ability to pay attorney's fees is not a special circumstance to deny an award under 42 U.S.C. § 1988.
• Wald Corp. v. Metro. Dade Cnty.
  338 So. 2d 863· Fla. 3d DCA· 1976-10-12 ·cited 6×
  Wald Corporation challenged Dade County's requirement that it dedicate canal rights-of-way and maintenance easements as a condition of subdivision plat approval. The court affirmed the dedication requirement, establishing a "rational nexus" test that balances municipal comprehens
• J.L.S. v. State
  947 So. 2d 641· Fla. 3d DCA· 2007-01-24 ·cited 5×
  J.L.S., a juvenile, challenged his delinquency adjudication for trespass in a school safety zone under Florida Statute § 810.0975(2)(b) on facial constitutional grounds. The court rejected overbreadth, vagueness, and substantive due process challenges, affirming that the statute
• Prieto v. Metro. Dade Cnty.
  718 F. Supp. 934· S.D. Fla.· 1989-08-29 ·cited 5×
  The court held that Metropolitan Dade County's ordinance was constitutional and that the county was not liable under 42 U.S.C. § 1983 because the alleged constitutional violations were not pursuant to a county policy or custom.
• Dream Defenders v. Governor of the State of Fla.
  119 F.4th 872· 11th Cir.· 2024-10-07 ·cited 4×
  The court held that the Florida Supreme Court's interpretation of the amended riot statute clarified that it does not criminalize peaceful protest, thus the plaintiffs failed to show a likelihood of success on their vagueness and overbreadth claims.
• Bennett v. Walton Cnty.
  174 So. 3d 386· Fla. 1st DCA· 2015-06-22 ·cited 4×
  The Bennetts challenged Walton County's enforcement of a zoning ordinance prohibiting non-residential uses in a Residential Preservation Area after the County cited them for operating a wedding venue business on their residential property. The appellate court affirmed summary jud
• State v. McCLELLAN
  765 So. 2d 807· Fla. 1st DCA· 2000-08-07 ·cited 4×
• S & S Pawn Shop Inc. v. City OF DEL City
  947 F.2d 432· 10th Cir.· 1991-10-09 ·cited 4×
  The court held that the district court erred in granting summary judgment on the constitutionality of the warrantless inspection statute as applied to the appellant, and correctly abstained from deciding the constitutionality of the other statute.
• Dial Info. Servs. Corp. OF NEW York v. Thornburgh
  938 F.2d 1535· 2d Cir.· 1991-07-15 ·cited 4×
  The court held that the Helms Amendment's definition of 'indecent' is not void for vagueness, that presubscription is a sufficiently tailored means to protect minors, and that the statute does not constitute an unconstitutional prior restraint.
• United States v. Austin
  902 F.2d 743· 9th Cir.· 1990-05-02 ·cited 4×
  The court held that the Archaeological Resources Protection Act (ARPA) is not unconstitutionally overbroad or vague as applied to the defendant, and the prosecution was not vindictive.
• Fellowship Baptist Church v. Benton
  815 F.2d 485· 8th Cir.· 1987-03-27 ·cited 4×
  The court held that Iowa's reporting and teacher certification requirements do not violate plaintiffs' constitutional rights, but the "equivalent instruction" term was unconstitutionally vague as initially defined.
• Mini Spas, Inc. v. S. Salt Lake City Corp.
  810 F.2d 939· 10th Cir.· 1987-01-29 ·cited 4×
  A city ordinance prescribing a dress code for massage parlors, intended to control prostitution, does not violate the First Amendment, Equal Protection Clause, or Due Process Clause, as it is a permissible regulation of conduct with incidental effects on expression.
• Equal Emp. Opportunity Comm'n v. McCarthy
  768 F.2d 1· 1st Cir.· 1985-07-10 ·cited 4×
  The court held that the Equal Pay Act was not unconstitutionally vague as applied to educational institutions and that the trial court did not err in admitting statistical evidence or in finding a willful violation extending the statute of limitations.
• Meinecke v. State
  351 So. 3d 1196· Fla. 2d DCA· 2022-11-30 ·cited 3×
  The appellate court affirmed a defendant's convictions for trespass in a school safety zone and disruption of a school function. The court rejected the defendant's arguments that the statutes were unconstitutionally vague or overbroad, finding they were narrowly tailored to prote
• Honeyfund.com Inc v. Desantis
  546 F. Supp. 3d 1082· N.D. Fla.· 2022-08-18 ·cited 2×
  Honeyfund.com and other employers and diversity consultants challenged Florida's Individual Freedom Act, which prohibits employers from endorsing eight specified concepts related to race, sex, and national origin during mandatory employee activities, as a violation of the First A
• Smith v. Fla. Dep't OF Corr.
  799 So. 2d 319· Fla. 1st DCA· 2001-10-09 ·cited 2×
• State v. Vanette Webb
  786 So. 2d 602· Fla. 1st DCA· 2001-04-10 ·cited 2×
  The State of Florida appealed the trial court's order vacating Vanette Webb's conviction for violating Florida's Public Records Law (section 119.07(1)(a)) by failing to reasonably make public records available for inspection. The appellate court reversed, holding that the statute
• Montgomery Nat'l Bank v. Clarke
  882 F.2d 87· 3d Cir.· 1989-08-16 ·cited 2×
  The court held that the "public interest" standard in N.J.S.A. § 17:9A-19(K) is not unconstitutionally vague and that the Comptroller's decision to approve a national bank's branch application was not arbitrary or capricious.
• Menke v. The S. Ry. Co.
  603 F.2d 1281· 7th Cir.· 1979-08-17 ·cited 2×
  The court held that the Indiana Act requiring unobstructed views at railroad crossings is not unconstitutionally vague, and that a railroad can be held liable for defective crossing signals based on constructive knowledge, not just actual knowledge.
• Richter v. City OF Tallahassee
  361 So. 2d 205· Fla. 1st DCA· 1978-07-21 ·cited 2×
  Luther Richter, a Tallahassee fireman, was dismissed after being found involved in attempting to smuggle 20,000-25,000 pounds of marijuana into the United States. He challenged his dismissal as based on a vague regulation prohibiting "conduct below the standard which can reasonab
• Figueroa-Santiago v. State
  116 So. 3d 585· Fla. 2d DCA· 2013-06-26 ·cited 1×
  Figueroa-Santiago challenged the facial constitutionality of a Florida statute criminalizing the use of electronic communications to further gang interests. The court found only the statute's 'advertising presence' prong unconstitutionally overbroad, but upheld the 'intimidation
• Harrell v. Florida Bar
  490 F. Supp. 2d 381· M.D. Fla.· 2011-09-30 ·cited 1×
  The court held that the Florida Bar Rules prohibiting "quality of legal services" statements and "promises results" are not unconstitutionally vague, as they provide sufficient notice and enforcement standards for lawyers of ordinary intelligence.
• Cloyd v. State
  943 So. 2d 149· Fla. 3d DCA· 2006-07-12 ·cited 1×
  Thomas Porter Cloyd, a copilot, was convicted of operating an aircraft while intoxicated in violation of Florida Statute § 860.13. The appellate court affirmed the conviction, rejecting preemption challenges, constitutional vagueness and delegation arguments, and evidentiary obje
• Gatena v. Cnty. of Orange
  80 F. Supp. 2d 1331· M.D. Fla.· 1999-11-05 ·cited 1×
  The court held that the Orange County public nudity ordinance is constitutional, not vague, and does not violate the First Amendment.
• Turner v. State
  745 So. 2d 351· Fla. 1st DCA· 1999-09-09 ·cited 1×
  George Turner challenges the constitutionality of Florida's Prison Releasee Reoffender Punishment Act under which he was sentenced for three counts of felony battery. The First District Court of Appeal rejects all of Turner's constitutional arguments and affirms his sentence, whi