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

• Beaudett v. City OF Hampton
  775 F.2d 1274· 4th Cir.· 1985-11-04 ·cited 15×·via Vagueness Of Statutes
  The court held that a pro se litigant's vague references to potential claims do not obligate the district court to address issues not fairly presented, and affirmed the dismissal of the action.
• United States v. Tull
  769 F.2d 182· 4th Cir.· 1985-07-30 ·cited 15×
  The court held that the defendant violated the Clean Water Act and Rivers and Harbors Appropriation Act by placing fill on wetlands and navigable waters without a permit, and that the Acts were constitutional as applied. The court also held that the defendant was not entitled to
• Preach Fleming v. United States Dep't OF Agric.
  713 F.2d 179· 6th Cir.· 1983-07-13 ·cited 15×
  The court held that the Horse Protection Act's standards are not unconstitutionally vague and that the post-show examination evidence was sufficiently reliable and supported by substantial evidence.
• State v. J.H.B.
  415 So. 2d 814· Fla. 1st DCA· 1982-06-18 ·cited 15×
  Florida appeals the dismissal of a delinquency petition charging a minor with unlawfully possessing pit bulls in a wildlife management area during closed hunting season. The trial court found the governing Game and Fresh Water Fish Commission rule unconstitutionally vague, but th
• United States v. Russell
  585 F.2d 368· 8th Cir.· 1978-10-18 ·cited 15×·via Constitutional Vagueness
  A blanket assertion of the Fifth Amendment privilege against self-incrimination does not excuse the failure to file income tax returns, and prosecution by information is permissible for misdemeanors.
• Sumpter v. DeGROOTE
  552 F.2d 1206· 7th Cir.· 1977-04-01 ·cited 15×
  The court held that remanding a case solely to allow the prosecution to retry an unproven essential element of the crime, after the conviction was affirmed in part, violates the Double Jeopardy Clause of the Fifth Amendment.
• Strasser v. Doorley
  432 F.2d 567· 1st Cir.· 1970-10-09 ·cited 15×·via Vagueness
  The court held that the ordinance's registration and badge requirements unconstitutionally burden free speech, but vacated the injunction against state prosecutions due to comity concerns.
• Sec. & Exch. Comm'n v. Morgan
  209 F.2d 44· 3d Cir.· 1953-12-23 ·cited 15×
  Lawyers representing a registered public utility holding company before the Securities and Exchange Commission are subject to the disclosure requirements of Section 12(i) of the Public Utility Holding Company Act of 1935.
• Reaves v. State
  979 So. 2d 1066· Fla. 1st DCA· 2008-03-31 ·cited 14×·via Void For Vagueness Doctrine
  Daniel Reaves appeals his convictions for racing on a highway and vehicular homicide, arguing the trial court abused its discretion in denying his motion to withdraw his guilty plea for lack of factual basis on causation, and that the racing statute is facially unconstitutional.
• Nelson v. State
  811 So. 2d 761· Fla. 4th DCA· 2002-03-06 ·cited 14×·via Void For Vagueness Doctrine
  Isaac Jerome Nelson, III was convicted of second-degree murder and attempted first-degree murder with a firearm in the deaths/injuries of his father and the father's girlfriend. He was sentenced under Florida's mandatory 10/20/Life statute to 26.6 years imprisonment. The appellat
• Branch v. State
  790 So. 2d 437· Fla. 1st DCA· 2000-03-21 ·cited 14×·via Void For Vagueness Doctrine
  Paul Branch appeals his conviction and sentencing for two counts of battery on a law enforcement officer, challenging the constitutionality of Florida's Prison Releasee Reoffender Punishment Act under seven constitutional provisions. The court affirms his conviction and concurren
• Crump v. State
  746 So. 2d 558· Fla. 1st DCA· 1999-12-14 ·cited 14×·via Vagueness Of Statutes
  Reginald Crump appealed his sentences under Florida's Prison Releasee Reoffender Punishment Act following convictions for resisting arrest with violence and felony petit theft. The court rejected his constitutional challenges to the statute but vacated the felony petit theft sent
• State v. DE LA Llana
  693 So. 2d 1075· Fla. 2d DCA· 1997-05-16 ·cited 14×·via Vagueness Of Statutes
  Florida appeals a county court's dismissal of a criminal charge under Fla. Stat. § 893.13(7)(a)5, which prohibits keeping or maintaining a place where controlled substances are used or sold. The appellate court reverses, holding the statute is facially constitutional and not impe
• Plante v. Dep't of Bus. & Prof'l Reg.
  685 So. 2d 886· Fla. 4th DCA· 1996-11-13 ·cited 14×·via Vagueness Of Statutes
  A veterinarian licensed to work at a harness racing track appeals his suspension and $2,000 fine for administering a sodium bicarbonate solution ("milkshake") to a racehorse. The court affirms the finding that he violated Florida's prohibition on administering drugs to affect rac
• Easy WAY OF LEE Cnty., Inc. v. LEE Cnty.
  674 So. 2d 863· Fla. 2d DCA· 1996-05-24 ·cited 14×
  The court partially reversed a summary judgment upholding Lee County's Noise Control Ordinance, finding the "plainly audible" standard and its measurement provisions unconstitutionally overbroad and vague as applied to free speech, while affirming the remainder of the ordinance a
• Espinosa v. State
  626 So. 2d 165· Fla.· 1993-09-02 ·cited 14×
  The Florida Supreme Court reaffirmed Henry Espinosa's death sentence after the U.S. Supreme Court reversed and remanded on grounds that Florida's "especially heinous, atrocious, or cruel" jury instruction was unconstitutionally vague without proper narrowing language. The court f
• State v. Melburn Ben Thomas
  616 So. 2d 1198· Fla. 2d DCA· 1993-04-21 ·cited 14×
  The court held that the phrase 'public housing facility' in section 893.13(l)(i), Florida Statutes, is unconstitutionally vague due to its imprecision and potential for arbitrary enforcement.
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×·via Vagueness
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• United States v. Posters 'N' Things Ltd
  969 F.2d 652· 8th Cir.· 1992-07-13 ·cited 14×
  The court affirmed the convictions and sentencing, holding that 21 U.S.C. § 857 contains an objective scienter requirement and is not unconstitutionally vague. The court also found sufficient evidence for the money laundering and aiding and abetting convictions.
• United States v. Jackson
  968 F.2d 158· 2d Cir.· 1992-06-15 ·cited 14×·via Void For Vagueness Doctrine
  The court held that the enhanced penalty provisions for 'cocaine base' are not void for vagueness because 'cocaine base' has a clear, undisputed scientific definition, and the provisions are not unconstitutionally vague as applied to the facts of the case.
• Bradley v. Pittsburgh Bd. OF Educ.
  910 F.2d 1172· 3d Cir.· 1990-08-15 ·cited 14×
  The court held that the district court erred by failing to make findings of fact and conclusions of law when denying a preliminary injunction, and vacated the order for remand.
• United States v. Larsen
  904 F.2d 562· 10th Cir.· 1990-06-04 ·cited 14×·via Vagueness Challenge
  The court held that the weight of blotter paper containing LSD can be included in calculating the quantity to invoke the mandatory minimum sentence under 21 U.S.C. § 841(b)(l)(B)(v).
• Life Concepts, Inc. v. Harden
  562 So. 2d 726· Fla. 5th DCA· 1990-04-26 ·cited 14×·via Constitutional Vagueness
  Life Concepts, Inc. sought a special exception to operate a group home for disabled adults in Apopka. The trial court granted summary judgment declaring the zoning ordinance unconstitutionally vague because it required occupancy to be "compatible with surrounding residential uses
• McSHERRY v. Block
  880 F.2d 1049· 9th Cir.· 1989-07-21 ·cited 14×
  The court held that the California Supreme Court's interpretation of the loitering statute was unforeseeable and deprived the defendant of due process notice.
• Medlin v. Palmer
  874 F.2d 1085· 5th Cir.· 1989-06-13 ·cited 14×
  The court held that the Dallas city ordinance prohibiting amplified sound near certain facilities is a constitutional time, place, and manner restriction that does not violate First Amendment rights, vagueness, or free exercise of religion.
• United States v. Pinelli
  890 F.2d 1461· 10th Cir.· 1989-06-09 ·cited 14×·via Void For Vagueness Doctrine
  The court reaffirmed its prior decision, holding that 18 U.S.C. § 1955 is not unconstitutionally vague and that the evidence was sufficient to support the convictions of the appellants.
• United States v. Kaylor
  877 F.2d 658· 8th Cir.· 1989-06-08 ·cited 14×·via Void For Vagueness Doctrine
  The court held that the statute was not unconstitutionally vague, the evidence was sufficient to establish replacement cost, discovery was properly denied, speedy trial rights were not violated, and evidence was legally seized.
• Ripplinger v. Collins
  868 F.2d 1043· 9th Cir.· 1989-02-24 ·cited 14×
  The court held that the Arizona obscenity statute's definition of 'appeal to the prurient interest' is constitutional, as it focuses on the material's capacity to appeal to a shameful or morbid interest, not on whether it actually arouses the average person. The cable television
• Beverly v. Warden Mr. Charlie Jones & the Attorney Gen. of the State of Ala.
  854 F.2d 412· 11th Cir.· 1988-09-02 ·cited 14×·via Void For Vagueness Doctrine
  The court held that a retrial on a lesser included offense is permissible after a conviction on a greater offense is reversed for insufficient evidence, and that federal courts must defer to state court interpretations of state statutes in habeas proceedings.
• Reprod. Health Serv. v. Webster
  851 F.2d 1071· 8th Cir.· 1988-07-13 ·cited 14×
  The court held that certain Missouri statutes regulating abortion were unconstitutional, but upheld others. This concurrence/dissent agrees with parts of the majority opinion but dissents on the invalidation of a statute concerning the beginning of human life when applied to subj
• Celso Lopez Lopez v. Aran
  844 F.2d 898· 1st Cir.· 1988-04-25 ·cited 14×·via Void For Vagueness Doctrine
  The court held that the INS checkpoint procedures at Isla Verde airport, including initial questioning and secondary inspections, were permissible under the Fourth Amendment, but the practice of seizing passenger tickets during questioning was problematic.
• United States v. Brewer
  835 F.2d 550· 5th Cir.· 1987-12-24 ·cited 14×
  The court held that the statute prohibiting trafficking in counterfeit access devices applies to misuse of long distance telephone access codes, and that conduct can meet definitions of both 'counterfeit' and 'unauthorized' access devices.
• Komjathy v. Nat'l Transp. Safety Bd.
  832 F.2d 1294· D.C. Cir.· 1987-11-13 ·cited 14×
  The court held that the petitioner lacked standing to challenge civil penalty policies and that his challenges to the FAA's authority to suspend airman certificates and the associated rulemaking were without merit.
• United States v. Cumberland Farms OF Conn., Inc.
  826 F.2d 1151· 1st Cir.· 1987-08-18 ·cited 14×
  The court held that Cumberland Farms violated the Clean Water Act by dredging and filling wetlands without a permit, and that its activities were not authorized by the 'headwaters' or 'unasserted jurisdiction' nationwide permits.
• Pliska v. City OF Stevens Point
  823 F.2d 1168· 7th Cir.· 1987-07-14 ·cited 14×·via Unconstitutional Vagueness
  The court held that the district court correctly applied res judicata to bar constitutional challenges to the ordinances, and that the jury's finding of reasonable suspicion for the investigatory stop was supported by sufficient evidence.
• United States v. Hernandez-Salazar
  813 F.2d 1126· 11th Cir.· 1987-04-03 ·cited 14×·via Void For Vagueness Doctrine
  The court held that while the statute is facially constitutional and reasonable suspicion is the correct standard, its application in this case was unconstitutional.
• Fields v. City OF Omaha
  810 F.2d 830· 8th Cir.· 1987-02-09 ·cited 14×·via Void For Vagueness Doctrine
  The court held that the Omaha loitering and prowling ordinance is unconstitutionally vague on its face and that the arresting officer lacked reasonable suspicion to stop the plaintiff, thus violating her constitutional rights.
• 511 Detroit St., Inc. v. Kelley
  807 F.2d 1293· 6th Cir.· 1986-12-17 ·cited 14×·via Void For Vagueness Doctrine
  The Sixth Circuit reversed the district court's finding that Michigan's anti-obscenity law (Section 5) was unconstitutionally vague or overbroad, and remanded the case.
• Int'l Olympic Comm. v. SAN Francisco Arts & Athletics
  781 F.2d 733· 9th Cir.· 1986-01-27 ·cited 14×·via Vagueness
  The court affirmed the summary judgment and permanent injunction but reversed and remanded the award of attorneys' fees, finding that the Amateur Sports Act does not require confusion for a violation and that the award of fees requires further determination of exceptional circums
• Eicher v. United States
  774 F.2d 27· 1st Cir.· 1985-10-09 ·cited 14×·via Constitutional Vagueness
  A taxpayer cannot assert a blanket Fifth Amendment privilege to avoid providing information on an income tax return, and such a return is considered frivolous under 26 U.S.C. § 6702.
• Watson v. Blackburn
  756 F.2d 1055· 5th Cir.· 1985-03-18 ·cited 14×·via Void For Vagueness Doctrine
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, thus denying his application for a stay of execution and certificate of probable cause.
• In the Interest of E.H. v. State
  443 So. 2d 1083· Fla. 3d DCA· 1984-01-24 ·cited 14×
  A natural mother appealed a dependency adjudication and temporary custody award to the Department of Health and Rehabilitative Services on constitutional and evidentiary grounds. The court affirmed the finding of child neglect, rejecting arguments that the relevant statute was un
• United States v. Garvin Dale White
  706 F.2d 506· 5th Cir.· 1983-05-19 ·cited 14×·via Void For Vagueness Doctrine
  The court held that the defendant's waiver of his right to conflict-free counsel was invalid because the trial court failed to adequately inform him of the specific dangers and potential prejudice arising from his attorneys' conflict of interest.
• United States v. Taylor
  693 F.2d 919· 9th Cir.· 1982-12-01 ·cited 14×
  The court held that the statute prohibiting federal employees from striking is constitutional and enforceable, and that the prosecution of union leaders was not impermissibly selective.
• Phelps Dodge Corp. v. Fed. Mine Safety & Health Review Comm'n
  681 F.2d 1189· 9th Cir.· 1982-07-22 ·cited 14×
  The court held that the agency's interpretation of the regulation was not plainly erroneous or inconsistent with its language, and therefore should be affirmed.
• The Honorable Robert M. Deehl v. Knox
  414 So. 2d 1089· Fla. 3d DCA· 1982-05-11 ·cited 14×
  The Florida District Court of Appeal reversed a trial court's determination that the witness tampering statute was facially invalid under the First Amendment. The court held that when properly interpreted to require a corrupt intent to interfere with justice, the statute does not
• Marrs v. State
  413 So. 2d 774· Fla. 1st DCA· 1982-03-22 ·cited 14×·via Void For Vagueness Doctrine
  Petitioners challenged an Escambia County ordinance prohibiting the knowing exposure of sexual organs and breasts in commercial establishments. The court held the ordinance unconstitutional as void for vagueness because it fails to provide fair notice of what conduct is prohibite
• State v. Newman
  405 So. 2d 971· Fla.· 1981-11-05 ·cited 14×
  The Florida Supreme Court reversed a trial court's dismissal of a cocaine possession charge based on the court's finding that the controlling statute was unconstitutional. The Court held that section 893.135 is constitutional, addressing challenges to its vagueness, separation of
• Womens Servs. v. Thone
  636 F.2d 206· 8th Cir.· 1980-12-08 ·cited 14×·via Vagueness Challenge
  The court affirmed the district court's judgment, finding that while certain provisions of the Nebraska abortion regulation law unduly burdened a woman's right to an abortion under substantive due process, other provisions did not violate the Establishment or Free Exercise Clause
• United States v. Molt
  631 F.2d 258· 3d Cir.· 1980-10-09 ·cited 14×·via Vagueness Challenge To Statute
  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.