Vagueness Doctrine

1,231 Florida cases classified under this topic, plus 996 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Grant v. State
  363 So. 2d 1063· Fla.· 1978-05-26 ·cited 421×·via Vagueness Challenge
• Gideon Bernhardt v. State
  288 So. 2d 490· Fla.· 1974-01-09 ·cited 314×
  Bernhardt challenges the constitutionality of Florida Statute 949.10, which provides that arrest on a felony charge constitutes prima facie evidence of probation violation. The Florida Supreme Court upholds the statute as neither vague nor unconstitutional, and affirms the trial
• Woods v. State
  740 So. 2d 20· Fla. 1st DCA· 1999-03-26 ·cited 278×
  Nathaniel Woods, convicted of unarmed robbery, challenged his sentencing under Florida's Prison Releasee Reoffender Punishment Act as violating the separation of powers clause and due process and equal protection guarantees. The court affirmed his sentence while certifying to the
• State v. Ecker
  311 So. 2d 104· Fla.· 1975-02-19 ·cited 253×·via Vagueness
  The Florida Supreme Court upheld the constitutionality of Florida's loitering statute (Section 856.021), finding it sufficiently narrow and protective against arbitrary enforcement when properly applied. The statute, modeled after the Model Penal Code, requires proof that the def
• Washington v. Watkins
  655 F.2d 1346· 5th Cir.· 1981-09-14 ·cited 248×·via Constitutional Vagueness
  The dissenting judge argues that the majority erred in finding the trial judge's jury instruction unconstitutionally erroneous and in considering the defendant's illegal relationship and illegitimate child as mitigating factors.
• State v. Allen
  362 So. 2d 10· Fla.· 1978-07-20 ·cited 247×
  Florida's Supreme Court reversed a trial judge's dismissal of theft charges under the revised Section 812.014(1), holding that the statute is neither unconstitutionally vague nor lacking in the element of specific criminal intent despite the legislature's deletion of the word "un
• Westerheide v. State
  831 So. 2d 93· Fla.· 2002-10-17 ·cited 239×·via Vagueness Challenge
  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×·via Vagueness Challenge
  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.
• United States v. Polizzi
  500 F.2d 856· 9th Cir.· 1974-04-30 ·cited 232×
  The court affirmed the convictions, holding that the appellants' conduct violated the federal Travel Act by engaging in a business enterprise involving gambling offenses under Nevada law, specifically by failing to disclose hidden interests in a licensed gambling operation to sta
• United States v. Sperling
  506 F.2d 1323· 2d Cir.· 1974-10-10 ·cited 231×·via Constitutional Vagueness
  The court held that the government's failure to produce a key witness's letter, required under the Jencks Act, was prejudicial for some defendants, requiring a new trial on conspiracy charges, but not for others due to overwhelming independent evidence.
• Schmitt v. State
  590 So. 2d 404· Fla.· 1991-11-14 ·cited 229×
  Kenneth Schmitt challenges his conviction for sexual performance by a child under Florida Statute § 827.071(5), arguing the statute is unconstitutionally overbroad and violates due process. The Florida Supreme Court upholds the conviction and the statute's constitutionality after
• United States v. Dellinger
  472 F.2d 340· 7th Cir.· 1972-11-21 ·cited 226×
  The statute under which appellants were prosecuted is facially unconstitutional as it violates the First Amendment right of freedom of speech by impermissibly intruding upon protected advocacy.
• United States v. Martino
  648 F.2d 367· 5th Cir.· 1981-06-19 ·cited 217×
  The court held that the Racketeer Influenced and Corrupt Organizations Act (RICO) is constitutional and that the indictment, charges, and joint trial were proper. Convictions were sustained.
• In re T.W.
  551 So. 2d 1186· Fla.· 1989-10-05 ·cited 199×·via Vagueness Of Statutes
  The Florida Supreme Court held that Florida's parental consent statute for minors seeking abortions violates the state constitution's explicit right to privacy. The court found the statute unconstitutional both because it intrudes on a fundamental privacy right that extends to mi
• State v. Gray
  435 So. 2d 816· Fla.· 1983-07-21 ·cited 188×·via Vagueness
  The Florida Supreme Court reversed the District Court of Appeal's decision that reversed Gray's conviction for witness tampering under section 918.14(3)(a)1, holding that scienter and specific intent are not required elements of the crime and therefore need not be alleged in the
• Brock v. Hardie
  114 Fla. 670· Fla.· 1934-05-03 ·cited 188×
  The Florida Supreme Court reversed Brock's habeas corpus denial, holding that fire insurance does not fall within the scope of Florida's anti-trust statute and that the statute itself is not unconstitutionally vague. The decision clarifies that while the anti-trust statute is suf
• B.H. v. State
  645 So. 2d 987· Fla.· 1994-11-23 ·cited 181×
  The Florida Supreme Court held that Fla. Stat. § 39.061, which criminalized juvenile escape from secure detention facilities at specified restrictiveness levels, was unconstitutional because it improperly delegated to the executive agency (HRS) the authority to define the element
• Blackhawk Heating & Plumbing Co., Inc. v. Data Lease Fin. Corp.
  302 So. 2d 404· Fla.· 1974-10-24 ·cited 178×·via Vagueness and Indefiniteness
  Blackhawk and Machata lent their credit to Data Lease to facilitate Data Lease's purchase of bank stock, taking an option to acquire 25% of the shares for consideration tied to "cash-flow benefits" Data Lease would derive from the transaction. The Florida Supreme Court reversed t
• Barber v. State
  564 So. 2d 1169· Fla. 1st DCA· 1990-07-16 ·cited 172×·via Void For Vagueness Doctrine
  Earl Jeffrey Barber appeals his conviction for escaping from a community center, challenging the constitutionality of Florida's habitual felony offender statute (section 775.084) on equal protection and due process grounds. The court affirmed the statute as constitutional, holdin
• Hitchcock v. State
  413 So. 2d 741· Fla.· 1982-02-25 ·cited 160×
  James Ernest Hitchcock appeals his conviction for first-degree murder and death sentence in the killing of his brother's thirteen-year-old stepdaughter. The Florida Supreme Court affirms both the conviction and sentence, rejecting multiple appellate challenges including evidentia
• L.B. v. State
  700 So. 2d 370· Fla.· 1997-10-02 ·cited 155×·via Vagueness Of Statutes
  The Florida Supreme Court reversed the Second District Court of Appeal's decision that section 790.001(13)'s exception for 'common pocketknives' was unconstitutionally vague. The Court held that the term provides ordinary citizens fair notice of forbidden conduct and vacated the
• Chesebrough v. State
  255 So. 2d 675· Fla.· 1971-12-08 ·cited 155×·via Void For Vagueness Doctrine
  Rebecca Chesebrough was convicted under Florida's lewd and lascivious act statute (Fla.Stat. § 800.04) for engaging in sexual intercourse with her husband in the presence of her minor son as a demonstration of human procreation. The Florida Supreme Court affirmed the conviction,
• United States v. Bowdach
  561 F.2d 1160· 5th Cir.· 1977-10-26 ·cited 154×
  The court affirmed the conviction and sentence, holding that the arrest was valid, the search was a permissible security sweep, and the defendant was not denied a speedy trial.
• Focus ON THE Family v. Pinellas Suncoast Transit Auth.
  344 F.3d 1263· 11th Cir.· 2003-09-09 ·cited 150×·via Vagueness
  Focus on the Family challenged a contract between the Pinellas Suncoast Transit Authority (PSTA) and Eller Media that allegedly barred Focus from advertising its "Love Won Out" conference on bus shelters in Pinellas County, Florida. The district court granted summary judgment for
• In re Preer Beverly
  342 So. 2d 481· Fla.· 1977-01-27 ·cited 148×
  The Florida Supreme Court upheld the constitutionality of Section 394.467 authorizing involuntary psychiatric hospitalization on grounds of mental illness and dangerousness or incapacity, but reversed the trial court's order committing Beverly Preer for lack of clear and convinci
• The State of Fla. ex rel. Edward H. Clarkson v. Philips
  70 Fla. 340· Fla.· 1915-11-18 ·cited 147×·via Vagueness Of Statutes
  In this mandamus proceeding, the Florida Supreme Court addresses whether the 1915 game laws are unconstitutional and whether a county judge must issue a hunter's license to a resident who meets the statutory requirements. The court sustains the demurrer to the writ and upholds th
• State v. Hagan
  387 So. 2d 943· Fla.· 1980-09-04 ·cited 144×·via Vagueness Of Statutes
  The Florida Supreme Court reversed a trial court's decision that invalidated a statute prohibiting the use of more than one trawl net in Charlotte Harbor waters. The Court held that the statutory terms were sufficiently definite to withstand vagueness challenges under due process
• Se. Fisheries Ass'n, Inc. v. Dep't OF Natural Res.
  453 So. 2d 1351· Fla.· 1984-04-26 ·cited 142×·via Void For Vagueness Doctrine
  The Florida Supreme Court addressed whether the state fish trap statute applies to extraterritorial waters beyond Florida's territorial limits. The Court held that the statute, which prohibits possession and use of unlawful fish traps, is constitutional as applied within Florida'
• Alvord v. State
  322 So. 2d 533· Fla.· 1975-09-17 ·cited 141×·via Vagueness Of Statutes
  Gary Alvord was convicted of three counts of first-degree murder and sentenced to death for strangling three women—a mother and her two daughters—while committing burglary in Tampa, Florida. The Florida Supreme Court affirmed the conviction and death sentence, rejecting constitut
• United States v. Johnson
  575 F.2d 1347· 5th Cir.· 1978-07-05 ·cited 139×
  The court held that there was no prejudicial variance between the indictment and the proof at trial, nor between the bill of particulars and the proof, and that the trial court did not err in refusing to define statutory terms like 'organizer' or 'substantial income'.
• State v. Egan
  287 So. 2d 1· Fla.· 1973-12-12 ·cited 134×
  The Florida Supreme Court upheld the constitutionality of Section 775.01, which adopts the English common law of crimes as part of Florida law, rejecting the trial court's determination that the statute was unconstitutionally vague and obsolete. The Court held that the statute is
• Dunnigan v. State
  364 So. 2d 1217· Fla.· 1978-10-19 ·cited 133×
  The Florida Supreme Court upheld the constitutionality of Florida's theft statutes, rejecting challenges that the definitional provisions were unconstitutionally vague and represented an improper delegation of legislative power. The court held that the statutory terms have plain
• Honorable Ronald v. Dellums
  566 F.2d 167· D.C. Cir.· 1977-08-04 ·cited 133×·via Unconstitutional Vagueness
  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.
• United States v. Berrigan
  482 F.2d 171· 3d Cir.· 1973-06-27 ·cited 133×
  The court held that the government failed to prove the warden lacked knowledge of the smuggling attempts, thus convictions on certain counts must be vacated.
• In & for Kent Cnty.
  2006 WL 3842144· Del. Super. Ct.· 2007-06-08 ·cited 132×·via Void For Vagueness Doctrine
  The court held that the initial stop of the defendant was constitutionally reasonable under the Fourth Amendment because the officer had probable cause to believe the defendant violated the pedestrian statute. The court further held that the pat-down and handcuffing of the defend
• Cramp v. The Bd. OF Pub. Instruction OF Orange Cnty.
  137 So. 2d 828· Fla.· 1962-02-14 ·cited 132×·via Unconstitutional Vagueness
  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. Wershow
  343 So. 2d 605· Fla.· 1977-02-25 ·cited 130×·via Constitutional Vagueness
  The Florida Supreme Court affirmed the trial court's dismissal of an indictment against county commissioners, holding that the "malpractice in office" provision of Florida Statutes Section 839.11 is unconstitutionally vague because it fails to provide fair notice of prohibited co
• Hall v. State
  614 So. 2d 473· Fla.· 1993-01-14 ·cited 129×·via Vagueness Challenge
  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
• Brown v. State
  629 So. 2d 841· Fla.· 1994-01-06 ·cited 127×·via Vagueness Of Statutes
  The Florida Supreme Court consolidated three cases challenging the constitutionality of section 893.13(1)(i), which imposed enhanced drug penalties for violations within 200 feet of a public housing facility. The Court held the statute unconstitutionally vague because the phrase
• State v. DYE
  346 So. 2d 538· Fla.· 1977-05-19 ·cited 126×·via Vagueness
  The Florida Supreme Court affirmed the dismissal of trespass charges against Dye for lack of an essential element in the charging information, while reversing the trial court's finding that the trespass statute (§ 810.09) was unconstitutional. The Court held the statute constitut
• United States v. Maneer Leon
  534 F.2d 667· 6th Cir.· 1976-04-02 ·cited 126×
• Orlando Sports Stadium, Inc. v. The State of Fla. ex rel. Rom W. Powell
  262 So. 2d 881· Fla.· 1972-04-05 ·cited 126×
  The Florida Supreme Court upheld statutes authorizing public nuisance abatement for premises used for illegal drug activity, rejecting constitutional challenges to their vagueness and scope. The court affirmed the trial court's denial of defendants' motion to dismiss in an action
• Locklin v. Pridgeon
  158 Fla. 737· Fla.· 1947-04-18 ·cited 126×
  J.B. Locklin, a Florida Highway Patrol Officer indicted under Chapter 22761 (Acts of 1945) for unlawfully arresting Glenn Sapp without legal authorization, challenges the constitutionality of the statute. The Florida Supreme Court holds the statute unconstitutionally vague and vo
• State v. Saunders
  339 So. 2d 641· Fla.· 1976-11-12 ·cited 125×·via Unconstitutional Vagueness
  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
• Quarry Jones v. State
  640 So. 2d 1084· Fla.· 1994-05-26 ·cited 122×·via Constitutional Vagueness
  The Florida Supreme Court upheld the constitutionality of section 800.04, which criminalizes lewd or sexual conduct with children under 16 regardless of consent. The court rejected defendants' arguments that the statute violated privacy rights, holding that the state has a compel
• United States v. Bohonus
  628 F.2d 1167· 9th Cir.· 1980-03-27 ·cited 122×·via Vagueness Challenge
  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.
• Alphonso Alvarez v. State
  358 So. 2d 10· Fla.· 1978-04-04 ·cited 122×
  The Florida Supreme Court held that a 125-year sentence for robbery is lawful even though it exceeds a defendant's life expectancy, and that the statute's use of "life imprisonment" as a sentencing cap is not unconstitutionally vague. The court rejected the argument that a senten
• State v. Burch
  545 So. 2d 279· Fla. 4th DCA· 1989-02-08 ·cited 121×
  The Florida Fourth District Court of Appeal reversed a trial judge's dismissal of drug charges, holding that Florida's statute prohibiting drug transactions within 1,000 feet of schools is constitutional and not unconstitutionally vague, overbroad, or an abuse of police power. Th
• United States v. Margiotta
  688 F.2d 108· 2d Cir.· 1982-07-27 ·cited 116×
  The court held that the mail fraud statute, as interpreted by the majority, is expanded beyond Congressional intent and risks prosecutorial abuse by criminalizing common political practices through a vague fiduciary duty standard.
• Miami Dolphins, Ltd. v. Metro. Dade Cnty.
  394 So. 2d 981· Fla.· 1981-01-29 ·cited 116×·via Vagueness Of Statutes
  Miami Dolphins challenged the constitutionality of Florida's Local Option Tourist Development Act and a Dade County ordinance imposing a 2% tourist room tax to fund Orange Bowl renovations. The Florida Supreme Court affirmed that the tax was constitutional, the referendum was val