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
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414 F.2d 1111·
D.C. Cir.·
1968-12-23
·cited 22×
The court held that the subsections of the narcotic vagrancy law under which the appellants were convicted are unconstitutionally vague and contravene the Fifth Amendment.
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191 So. 2d 429·
Fla.·
1966-09-21
·cited 22×
The court held that Florida Statute § 317.201 is constitutional and does not violate due process by being unconstitutionally vague.
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The court held that the evidence did not establish that the defendant held the Oros family in involuntary servitude under 18 U.S.C. § 1584, as the Oros family was not subjected to compulsory service by force or threat of force.
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The court held that the term 'psychopathic personality' as used in the Immigration and Nationality Act is void for vagueness when applied to the petitioner, thus violating due process.
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The court held that the statute was not unconstitutionally vague and that the evidence was sufficient to support the conviction for shipping adulterated food.
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916 F.3d 960·
11th Cir.·
2019-02-20
·cited 21×
The court held that the movant must show, more likely than not, that the residual clause was used for sentencing enhancement, and that the district court did not meet this standard on the current record.
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Florida appeals the dismissal of lewdness charges against two exotic dancers who performed explicit sexual acts in a private room at an adult entertainment venue. The trial court had declared the lewdness statute unconstitutional on First Amendment, vagueness, overbreadth, and pr
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947 F.2d 95·
4th Cir.·
1991-10-11
·cited 21×
The court held that South Carolina's law for awarding punitive damages, as applied in a federal diversity case, violates the Due Process Clause due to its lack of meaningful standards, allowing juries unconstrained discretion.
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The Florida Fifth District Court of Appeal upheld the exclusion of breath test results in a DUI prosecution, holding that the administrative rule governing annual accuracy checks of breathalyzer machines was unconstitutionally vague and that the state failed to prove substantial
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A juvenile was adjudicated delinquent for trespassing on public school property under Florida Statute 228.091(2). The juvenile appealed arguing the statute was unconstitutionally vague for failing to specify a time limit on school officials' orders to leave and for failing to def
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793 F.2d 1053·
9th Cir.·
1986-07-07
·cited 21×
The court held that while topless dancing is protected expression, Kitsap County's ordinance is largely a constitutional time, place, and manner regulation, except for an unconstitutional five-day delay in issuing dancer licenses.
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790 F.2d 1299·
7th Cir.·
1986-05-06
·cited 21×
The court held that the Illinois Department of Corrections' mail regulations, as facially challenged, were constitutional and did not violate inmates' First Amendment rights or due process. Dismissal of the complaints under Rule 12(b)(6) was proper.
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648 F.2d 956·
5th Cir.·
1981-06-10
·cited 21×
The court granted the motion for a stay and enjoined enforcement of the ordinance pending appeal, finding a substantial likelihood of success on the merits.
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380 So. 2d 1289·
Fla.·
1980-03-06
·cited 21×
Florida's Department of Natural Resources appealed a circuit court decision that declared portions of Florida's crawfish fishing regulations unconstitutional. The Florida Supreme Court reversed, holding that the challenged statutes—governing possession of undersized crawfish, war
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603 F.2d 522·
5th Cir.·
1979-09-28
·cited 21×
The court held that while the school district's no-outside-employment rule was facially valid, its selective and discriminatory enforcement against Mr. Gosney violated his Fourteenth Amendment right to equal protection.
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The court held that the Nebraska statute of limitations for professional negligence is not unconstitutionally vague and was properly applied to dismiss the plaintiff's claim.
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457 F.2d 1016·
5th Cir.·
1972-03-22
·cited 21×
A municipality cannot deny a license to use a public auditorium for a theatrical production based on the subjective judgment of an official without established, objective standards, as this constitutes an unconstitutional prior restraint and violates First and Fourteenth Amendmen
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761 So. 2d 1140·
Fla. 2d DCA·
2000-05-17
·cited 20×
The State appeals a trial court's decision declaring Pinellas Park's juvenile curfew ordinance unconstitutional as an infringement on parental rights. The appellate court reverses, holding that the ordinance withstands heightened constitutional scrutiny and is constitutional, tho
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974 F.2d 1502·
9th Cir.·
1992-04-03
·cited 20×
The court affirmed the convictions, holding that the RICO statute and Alaska's commercial bribe receiving statute were not unconstitutionally vague as applied to the defendants' conduct. The court also found no abuse of discretion in proceeding with an eleven-person jury and no i
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907 F.2d 623·
6th Cir.·
1990-07-11
·cited 20×
The court held that the Anti-Drug Abuse Act's distinction between cocaine base (crack) and cocaine is not unconstitutionally vague and does not violate the Eighth Amendment's prohibition against disproportionate sentencing.
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Trevor Mohammed appealed his aggravated child abuse conviction, challenging the trial court's jury instruction rulings and sentencing guidelines calculations. The court affirmed the conviction but vacated and remanded the sentence because the trial court improperly scored points
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The court affirmed the district court's denial of a preliminary injunction, holding that the plaintiffs had not shown a reasonable likelihood of prevailing on their constitutional challenges to the Chicago Residential Landlord and Tenant Ordinance.
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815 F.2d 1061·
5th Cir.·
1987-05-06
·cited 20×
The court held that Louisiana's 'B-girl' statute does not violate equal protection, due process, or First Amendment rights, and is not unconstitutionally vague or overbroad.
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783 F.2d 1549·
11th Cir.·
1986-03-12
·cited 20×
The court should reverse convictions because the appellants' transactions, conducted personally at different branches and not exceeding $10,000 each, did not constitute a conspiracy to defraud the United States under 18 U.S.C. § 371.
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The court affirmed convictions, holding that the tax withholding statutes were not unconstitutionally vague as applied to the defendants' conduct and that Section 530 of the Revenue Act of 1978 did not provide a defense to criminal prosecution for willful evasion.
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469 So. 2d 733·
Fla.·
1985-04-04
·cited 20×
The Florida Supreme Court affirmed the dismissal of charges against Perry Lamar Jenkins, the Suwannee County property appraiser, holding that Florida Statute section 839.25(1)(a), which criminalizes official misconduct through knowingly refraining from performing a duty imposed b
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453 So. 2d 1355·
Fla.·
1984-07-05
·cited 20×
The Florida Supreme Court upheld the constitutionality of the automobile insurance excess profits law (section 627.066), which authorized the Department of Insurance to order insurers to refund profits exceeding five percent of anticipated underwriting profit. The court rejected
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730 F.2d 614·
11th Cir.·
1984-04-10
·cited 20×
Section 182 of the Alabama Constitution of 1901 violates the fourteenth amendment by denying the right to vote on the basis of race for those convicted of nonprison offenses.
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The court held that Caucasian male defendants lack standing to allege discrimination in grand jury foreperson selection as an equal protection violation, and their allegations were insufficient to state a due process claim. The court also upheld the denial of motions to suppress
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The court held that the employer did not have sufficient warning that its hydraulic presses required guarding under 29 C.F.R. § 1910.212(a)(3)(ii) due to lack of clear regulatory language and absence of recognized hazard.
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The court held that the petitioner's Sixth Amendment confrontation clause rights were not violated by hearsay remarks or opening statement summaries, and the pandering statute was not unconstitutionally vague. Furthermore, the petitioner did not receive ineffective assistance of
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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.
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The court held that the pension plan benefits were 'nonforfeitable' under ERISA, and that the PBGC correctly interpreted 'unreasonable hardship' to mean substantial economic hardship, not broader equitable considerations.
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599 F.2d 193·
7th Cir.·
1979-05-22
·cited 20×
The court affirmed the district court's decisions holding substantial portions of the Illinois Abortion Act of 1975 and the Illinois Abortion Parental Consent Act of 1977 unconstitutional.
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Gloria Williams appealed a trial court's denial of her motion to dismiss an information charging her under Florida's theft statute (§ 812.014). The Florida Supreme Court affirmed, rejecting Williams's constitutional challenges to the statute's clarity and the adequacy of the char
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The court held that the appellant's reentry onto the military reservation, even to use a public phone booth outside the main fence but within a marked boundary, constituted a violation of 18 U.S.C. § 1382, and the statute was constitutional as applied.
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Elsa Iris Lugo petitioned for a writ of habeas corpus challenging her arrest under a Miami Springs municipal ordinance prohibiting female employees from exposing their breasts. The Florida District Court of Appeal affirmed the lower court's decision that the ordinance was unconst
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The court held that the regulation cited for the violation was void for vagueness as written at the time, and therefore the citation and fine were improperly imposed.
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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.
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The court held that an appeal should not be dismissed solely for failure to certify transcript deposit when insolvency tolled the payment and the transcript was available.
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502 F.2d 419·
D.C. Cir.·
1974-06-28
·cited 20×
The court reversed convictions because the jury instructions did not properly apply the new Miller obscenity standards, specifically failing to instruct the jury to determine if the material depicted 'hard-core' sexual conduct.
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492 F.2d 314·
6th Cir.·
1974-02-27
·cited 20×
The court held that the statute 18 U.S.C. § 1510 is not unconstitutionally vague or overbroad on its face, and the indictment sufficiently alleged the elements of the offense. The court also found that electronic eavesdropping with party consent was constitutional and that the ju
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A biennial revision of Florida statutes cannot substantively incorporate by reference newly prohibited drugs from subsequent federal enactments, as such inclusion lacks the constitutional title notice and legislative deliberation required for substantive changes to criminal law.
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The court held that the Department of the Interior's regulations, defining a "harmful" oil discharge by the "sheen test" and exempting spills from properly functioning vessel engines, are a valid exercise of delegated rulemaking authority under 33 U.S.C. § 1161(b).
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472 F.2d 438·
5th Cir.·
1973-01-19
·cited 20×
The court held that the Louisiana public school disciplinary statutes, school rules, and psychological testing practices did not violate the students' constitutional rights.
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A subsequent hearing does not cure the initial lack of procedural due process when students are suspended for a significant period without a prior hearing.
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460 F.2d 137·
5th Cir.·
1972-04-11
·cited 20×
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The trial court properly admitted three gruesome photographs as relevant evidence of the cause of death and identity, and the court did not err in its jury instructions, voir dire rulings, or failure to provide sentencing guidelines in a capital murder case.