Vagueness Challenge

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

• Gen. Elec. Co. v. NEW York State Dep't OF Labor
  936 F.2d 1448· 2d Cir.· 1991-06-28 ·cited 1×
  The court held that New York Labor Law § 220, as applied, may violate due process by unconstitutionally delegating authority to private parties to set prevailing wage rates without adequate safeguards, requiring further discovery and trial. Other claims were affirmed.
• Smith v. State
  424 So. 2d 726· Fla.· 1982-10-28 ·cited 1×
  Frank Smith was convicted of robbery, kidnapping, sexual battery, and first-degree murder in the death of convenience store clerk Sheila Porter. The Florida Supreme Court affirmed the convictions and death sentence, rejecting challenges to the indictment, admission of statements,
• Hamm v. State
  387 So. 2d 946· Fla.· 1980-09-04 ·cited 1×
• Carricarte v. State
  384 So. 2d 1261· Fla.· 1980-06-05 ·cited 1×
  Florida Supreme Court upheld the constitutionality of the state's extortion and anti-solicitation of legal business statutes against First Amendment challenges. The defendant was charged after threatening to take legal action against a development company unless hired as counsel,
• Callaway v. Del. Examining Bd. of Physical Therapists & Athletic Trainers
  Del. Ch.· 2024-07-26
  The Court held that 24 Del. C. 2616(a)(8) violates the Fourteenth Amendment's Equal Protection Clause because it arbitrarily imposes restrictions on physical therapists and athletic trainers that are not imposed on similarly situated healthcare providers, and the Board failed to
• Northshore Holdings, LLC v. Walton Cnty.
  Fla. 1st DCA· 2023-04-12
  A trial court lacks jurisdiction to grant declaratory relief when the plaintiff alleges only the possibility of legal injury based on hypothetical and contingent facts, rather than demonstrating a bona fide, actual, and present practical need for the declaration. The customary us
• Borges v. SmileDirectClub, LLC.
  S.D. Fla.· 2022-09-15
  The court denied the motion to dismiss, holding that the Florida Telephone Solicitation Act (FTSA) is not unconstitutionally vague and does not violate the First Amendment.
• De Fernandez v. Crowley Mar. Corp.
  S.D. Fla.· 2022-03-23
  The court held that plaintiffs have standing to sue under the Act, sufficiently allege trafficking, and that the Act is not unconstitutional, but dismissed claims by estates and heirs who acquired their rights after the statutory deadline.
• Lonergan v. Jones
  M.D. Fla.· 2021-08-11
  The court held that the plaintiff inmate failed to demonstrate a constitutionally protected liberty or property interest that would trigger due process protections, and therefore, the defendants were entitled to summary judgment.
• Chapotin v. United States
  S.D. Fla.· 2020-12-22
  The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to vacate and granting a certificate of appealability.
• Welliington Residental v. Vill. of Wellington
  15th Cir. Ct. App. Div.· 2019-11-01
  Wellington Residential LLC appealed a special magistrate's order declaring Java Plum trees on its property a nuisance under the Village of Wellington's ordinance. The appellate court affirmed the order, holding that the nuisance ordinance is constitutional and supported by compet
• Diaz v. State
  272 So. 3d 482· Fla. 3d DCA· 2019-04-03
  Alejandro Diaz appeals the revocation of his probation and re-sentencing to 25.25 years' imprisonment following his possession of a synthetic cannabinoid (AB-Chimanaca) while incarcerated. The court affirmed the revocation, holding that Florida Statutes section 951.22(1) prohibit
• Polo West v. Vill. of Wellington
  15th Cir. Ct. App. Div.· 2016-05-31
  Polo West Golf Club and Palm Beach Polo appealed a Special Magistrate's finding that they needed a Special Use Permit to host organized soccer games on their properties in Wellington, Florida. The appellate court affirmed the Special Magistrate's decision, rejecting the owners' a
• N.H. Indem. Co. v. Scott
  407 F. Supp. 2d 1142· M.D. Fla.· 2012-12-13
  The court held that the insurance policy's 'auto accident' coverage does not extend to intentional criminal acts like robbery and battery, and the exclusion for intentionally caused bodily injury applies.
• Allied Veterans of the World, Inc. v. Seminole Cnty.
  783 F. Supp. 2d 1197· M.D. Fla.· 2011-05-06
  The court held that the plaintiffs failed to demonstrate a substantial likelihood of success on the merits of their constitutional challenges to the ordinance banning simulated gambling devices, and thus their motions for preliminary injunction must be denied.
• Rosenthal v. Longchamp Coral Gables LLC
  603 F. Supp. 2d 1359· S.D. Fla.· 2009-03-19
  The court held that the plaintiff's allegations were insufficient to establish a willful violation of FACTA, but FACTA is constitutional.
• State v. Eldrick Wooding
  984 So. 2d 657· Fla. 3d DCA· 2008-06-25
  The court held that section 775.21, Florida Statutes, is facially constitutional and not unconstitutional as applied to the defendant.
• Broad. Team, Inc. v. Fed. Trade Comm'n
  429 F. Supp. 2d 1292· M.D. Fla.· 2006-04-14
  The court held that the FTC's interpretation of the Telemarketing Sales Rule's abandoned calls provision, as applied to for-profit telefunders using prerecorded messages for charitable solicitations, is not an unconstitutional restriction on speech and does not exceed the FTC's s
• Womancare of Orlando, Inc. v. Agwunobi
  448 F. Supp. 2d 1309· N.D. Fla.· 2006-02-10
  The court granted the defendant's motion for judgment on the pleadings, finding that the plaintiffs failed to establish that the Florida Parental Notice of Abortion Act is facially unconstitutional.
• United States v. Greenpeace, Inc.
  314 F. Supp. 2d 1252· S.D. Fla.· 2004-04-15
  The court denied in part and deferred in part Greenpeace's motion to dismiss the indictment, finding that the scope of 18 U.S.C. § 2279 presented factual questions for trial, and granted Greenpeace a jury trial as a matter of judicial discretion.
• Rectory Park, L.C. v. City of Delray Beach
  208 F. Supp. 2d 1320· S.D. Fla.· 2002-05-07
  The court held that the City of Delray Beach's conditional use zoning ordinance contains sufficiently clear and definite standards to withstand a vagueness challenge and that the plaintiffs have standing to bring their claims.
• Miller v. State
  778 So. 2d 972· Fla.· 2001-01-25
  The Florida Supreme Court approved the decision affirming Miller's concurrent thirty-year prison sentences imposed under the Prison Releasee Reoffender Act, finding that all of Miller's constitutional challenges had been previously addressed and rejected in related cases.
• State v. Brown
  734 So. 2d 1187· Fla. 2d DCA· 1999-07-02
  The State appeals a trial court's dismissal of a charge under Florida Statute section 322.34(6)(a) for driving without a license and causing death. The appellate court reverses, holding that the statute is not unconstitutionally vague because it clearly prohibits operating a moto
• 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.
• Reed v. United States
  985 F.2d 880· 7th Cir.· 1993-02-01
  The court affirmed the denial of the motion to vacate sentence because the defendant failed to establish cause for his procedural default in raising issues on direct appeal.
• United States v. Chaidez
  916 F.2d 563· 9th Cir.· 1990-10-12
  The court held that the defendant's conspiracy offense qualified as a 'drug trafficking crime' under the pre-amendment definition of 18 U.S.C. § 924(c)(2), and that the statute's mandatory minimum sentence provision does not violate the separation of powers.
• Glatz v. Kort
  807 F.2d 1514· 10th Cir.· 1986-12-15
  The court held that Colorado's criminal commitment and release procedures for individuals found not guilty by reason of insanity do not violate the Due Process or Equal Protection Clauses of the Fourteenth Amendment.
• United States v. Blaine Johnson
  685 F.2d 337· 9th Cir.· 1982-08-26
  The court held that the Wild Free-roaming Horses and Burros Act is not unconstitutionally vague or overbroad as applied to the defendant's conduct of removing wild horses from public lands without a permit.
• United States v. Echols
  677 F.2d 498· 5th Cir.· 1982-06-04
  The court held that the statutes and regulations concerning withholding exemption certificates are not unconstitutionally vague and provide sufficient notice of prohibited conduct.
• Riggins v. State
  369 So. 2d 948· Fla.· 1979-04-05
  The Florida Supreme Court upheld section 409.325, Florida Statutes, prohibiting fraudulent failure to disclose material facts in food stamp eligibility determinations, rejecting constitutional challenges based on vagueness, overbreadth, and unlawful delegation of legislative auth
• United States v. Isaacs
  539 F.2d 686· 9th Cir.· 1976-08-05
  A statement is not false if it is literally true under the precise meaning of a word, even if a broader interpretation exists.