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

• Learie Leo Alford v. State
  307 So. 2d 433· Fla.· 1975-01-29 ·cited 115×·via Vagueness Of Statutes
  Alford was convicted of rape and murder of a 13-year-old child and sentenced to death. The Florida Supreme Court upheld the conviction and death sentence, reaffirming the constitutionality of Florida's murder statute and capital punishment procedures against Furman v. Georgia cha
• Bailey v. Richardson
  182 F.2d 46· D.C. Cir.· 1950-03-22 ·cited 114×
  The court held that dismissal for disloyalty based on unsworn, anonymous reports violates due process and constitutional rights to free speech and association.
• Knight v. State
  721 So. 2d 287· Fla.· 1998-11-12 ·cited 113×
  Thomas Knight appeals his death sentences imposed on resentencing for the 1974 murders of Sydney and Lillian Gans, following a federal court's remand under Hitchcock v. Dugger. The Florida Supreme Court affirmed the death sentences, finding sufficient evidence of aggravating fact
• United States v. Spock
  416 F.2d 165· 1st Cir.· 1969-07-11 ·cited 113×·via Vagueness
  The court held that while the First Amendment does not per se require acquittal, the government must prove individual specific intent to adhere to the illegal portions of a bifarious conspiracy, and the conviction of one defendant (Spock) was reversed due to insufficient evidence
• Odham v. Foremost Dairies, Inc.
  128 So. 2d 586· Fla.· 1961-03-22 ·cited 112×·via Vagueness Of Statutes
  The Florida Supreme Court determined it had jurisdiction to hear an interlocutory appeal from an order denying a motion for summary judgment and continuing an injunction. The case involves a milk distributor challenging the constitutionality of milk commission statutes under whic
• United States v. A Single Fam. Residence & Real Prop. Located AT 900 RIO Vista BLVD.
  803 F.2d 625· 11th Cir.· 1986-11-03 ·cited 111×·via Vagueness Challenge To Statute
  The court held that the property was forfeitable as proceeds traceable to illegal drug transactions and that the appeal was frivolous, warranting sanctions.
• City OF Daytona Beach v. Del Percio
  476 So. 2d 197· Fla.· 1985-08-30 ·cited 110×
  The Florida Supreme Court upheld a Daytona Beach ordinance prohibiting exposure of the female breast below the areola in establishments serving alcohol, reversing the Fifth District Court of Appeal's invalidation of the ordinance on vagueness and overbreadth grounds. The Court he
• State v. Stalder
  630 So. 2d 1072· Fla.· 1994-01-27 ·cited 109×
  Florida's Supreme Court upheld the constitutionality of the state's hate crimes statute (section 775.085), which enhances penalties when crimes evidence prejudice based on victims' protected characteristics. The Court narrowly construed the statute to apply only to bias-motivated
• Turf Ctr., Inc. v. United States
  325 F.2d 793· 9th Cir.· 1963-12-10 ·cited 108×
  The court held that the indictment was sufficient and the statute 18 U.S.C. § 1952 is constitutional, affirming the convictions.
• United States v. Rich
  518 F.2d 980· 8th Cir.· 1975-06-25 ·cited 107×
  The court held that tape recordings and transcripts of conversations with a cooperating informant were admissible, and that the special parole statute was not unconstitutionally vague.
• Alva Gene Franklin v. State
  257 So. 2d 21· Fla.· 1971-12-17 ·cited 107×·via Constitutional Vagueness
  The Florida Supreme Court held that Fla. Stat. § 800.01, which criminalized the 'abominable and detestable crime against nature,' was unconstitutionally vague for failing to inform persons of average intelligence what conduct is prohibited. The court invalidated the statute while
• Carmine Charles Robert Falco v. State
  407 So. 2d 203· Fla.· 1981-12-17 ·cited 106×
  Carmine Falco appeals his manslaughter conviction for setting a trap gun that killed a teenage burglar entering his home. The Florida Supreme Court upholds the constitutionality of Florida's manslaughter statute and holds that the use of deadly mechanical devices, such as trap gu
• United States v. Mazzei
  521 F.2d 639· 3d Cir.· 1975-07-29 ·cited 106×
  The dissenting opinion argues that the Hobbs Act's 'under color of official right' provision does not cover influence peddling by a state senator who lacked de jure or de facto power over the decisions influenced.
• State v. Lewis
  364 So. 2d 1223· Fla.· 1978-10-19 ·cited 104×·via Vagueness Of Statutes
  Florida's Supreme Court reversed the dismissal of theft charges against Victor Lewis, rejecting his constitutional challenges to Florida's omnibus theft statute (Section 812.014). The court held that the statute is not unconstitutionally vague, overbroad, or subject to selective
• United States v. Smith
  680 F.2d 255· 1st Cir.· 1982-06-08 ·cited 103×·via Vagueness
  The court held that 21 U.S.C. § 955a is within Congress's power to apply extraterritorially to stateless vessels engaged in drug trafficking affecting the United States, and that the evidence was sufficient to support the appellant's conviction for possession with intent to distr
• Bouters v. State
  659 So. 2d 235· Fla.· 1995-04-27 ·cited 101×
  Scott Bouters challenges the constitutionality of Florida's stalking statute (§ 784.048) after being charged with aggravated stalking for harassing his ex-girlfriend in violation of a domestic violence injunction. The Florida Supreme Court upholds the statute, finding it neither
• United States v. Gennaro J. Angiulo
  897 F.2d 1169· 1st Cir.· 1990-03-05 ·cited 101×·via Vagueness Challenge
  The court affirmed the defendants' convictions and sentences but reversed certain portions of the forfeiture order.
• United States v. Bohle
  445 F.2d 54· 7th Cir.· 1971-06-02 ·cited 101×·via Vagueness Of Statutes
• McCREARY v. State
  371 So. 2d 1024· Fla.· 1979-05-10 ·cited 99×·via Vagueness Challenge To Statute
  The Florida Supreme Court upheld section 782.071, the vehicular homicide statute, against a vagueness challenge and affirmed the conviction of a driver whose vehicle struck another car at an intersection, killing a passenger. The court held that vehicular homicide is a lesser inc
• Cal. Citizens Band Ass'n v. United States & Fed. Commc'ns Comm'n
  375 F.2d 43· 9th Cir.· 1967-03-07 ·cited 98×·via Vagueness Of Regulations
  The court held that the Federal Communications Commission did not err in promulgating amended rules for the Citizens Radio Service without public evidentiary hearings, as the changes constituted general rulemaking and did not violate statutory notice or hearing requirements.
• United States v. Hooshang Hooshmand
  931 F.2d 725· 11th Cir.· 1991-05-16 ·cited 97×·via Void For Vagueness Doctrine
  The court affirmed the convictions, finding that the mail fraud convictions were consistent with McNally, the definition of consultation was not unconstitutionally vague as applied, the evidence was sufficient, jury instructions were proper, the indictment was adequate, the searc
• United States v. Pungitore
  910 F.2d 1084· 3d Cir.· 1990-08-01 ·cited 97×·via Void For Vagueness Doctrine
  The court held that the RICO statute was not unconstitutionally vague as applied to the appellants' conduct and that prior state acquittals for predicate offenses did not bar their federal RICO prosecution under the dual sovereignty doctrine.
• United States v. Ford
  632 F.2d 1354· 9th Cir.· 1980-09-26 ·cited 97×
  The court held that there was sufficient evidence to affirm convictions for embezzlement under 18 U.S.C. § 664 related to a deferred compensation plan and a pension credit scheme, but reversed convictions for two trustees due to insufficient evidence of criminal intent. Conspirac
• State v. Silva
  259 So. 2d 153· Fla.· 1972-02-22 ·cited 97×
  The Florida Supreme Court addressed three certified questions regarding jury selection procedures in Dade County, holding that systematic racial and other group-based limitations in jury selection violate the Constitution, that the Twenty-Sixth Amendment does not extend jury serv
• United States v. Cappetto
  502 F.2d 1351· 7th Cir.· 1974-09-04 ·cited 96×
  The court held that the civil remedies provision of the Organized Crime Control Act of 1970 (RICO) is constitutional, a valid exercise of Congress's commerce power, and that the district court did not err in issuing a preliminary injunction, default judgment, and contempt order.
• State v. Bussey
  463 So. 2d 1141· Fla.· 1985-02-07 ·cited 95×
  The Florida Supreme Court reversed the Fourth District Court of Appeal's invalidation of Fla. Stat. § 817.563, which criminalizes agreeing to sell a controlled substance but then selling a non-controlled substance in its place. The Court held the statute constitutional against va
• United States v. McCOY
  539 F.2d 1050· 5th Cir.· 1976-09-30 ·cited 91×·via Void For Vagueness Doctrine
  The court held that the wiretaps were lawful, the prosecutor's comment was not reversible error, and the statute was not void for vagueness. However, the evidence was insufficient to convict appellant Bell.
• Ratliff v. State
  914 So. 2d 938· Fla.· 2005-07-07 ·cited 90×·via Vagueness Of Statutes
  Life sentences do not violate the Florida Constitution's prohibition against indefinite imprisonment.
• United States v. Zizzo
  338 F.2d 577· 7th Cir.· 1964-10-19 ·cited 90×
  The court held that the statute prohibiting interstate travel to promote illegal gambling enterprises is constitutional and that the admission of compelled tax disclosures and FBI reports was not erroneous.
• Archer v. State
  673 So. 2d 17· Fla.· 1996-03-14 ·cited 88×·via Unconstitutional Vagueness
  Robin Archer was convicted of first-degree murder, armed robbery, and grand theft and received a death sentence following a resentencing proceeding ordered by this Court due to improper jury instructions on an aggravating factor. The Florida Supreme Court affirmed the death sente
• United States v. Varkonyi
  645 F.2d 453· 5th Cir.· 1981-05-20 ·cited 88×·via Vagueness
  The court held that the indictment was sufficient, the statutes were constitutional as applied, the evidence was sufficient for conviction, and the jury instructions were not plain error.
• Int'l Soc'y FOR Krishna Consciousness OF Atlanta v. Eaves
  601 F.2d 809· 5th Cir.· 1979-08-30 ·cited 88×
  The court held that the challenges to the solicitation booth requirement and the vagueness/overbreadth of § 9(a) were justiciable, but the challenge to the penalty provisions presented a closer question.
• State of Fla. ex rel. Joel N. LEE v. Buchanan
  191 So. 2d 33· Fla.· 1966-10-05 ·cited 88×
  The Florida Supreme Court held that a statute prohibiting attorneys from charging compensation other than that allowed by law in connection with child adoptions was unconstitutionally vague and violated due process. The court reversed the circuit court's order quashing appellant'
• State v. Fowler
  94 Fla. 752· Fla.· 1927-10-21 ·cited 88×·via Vagueness Of Statutes
  The Florida Supreme Court held that Chapter 10207 of the 1925 Acts (creating a state Board of Plumbing Commissioners and State Plumbing Inspector) was unconstitutional on two grounds: the title was misleading and did not disclose the Act's true scope, and the Act improperly deleg
• Mahaun v. State
  377 So. 2d 1158· Fla.· 1979-12-13 ·cited 87×·via Vagueness
  The Florida Supreme Court affirmed convictions for third-degree felony murder and aggravated child abuse arising from the death of a child in the appellants' care, but vacated one conviction for each appellant based on double-jeopardy principles when the underlying felony was an
• Dep't OF Legal Affairs v. Rogers
  329 So. 2d 257· Fla.· 1976-02-25 ·cited 87×·via Constitutional Vagueness
  Florida's Deceptive and Unfair Trade Practices Act (Sections 501.204 and 501.205) challenged as unconstitutionally vague and an unlawful delegation of legislative authority. The Florida Supreme Court upheld the statute's constitutionality and reversed the trial court's dismissal,
• Henderson v. Antonacci
  62 So. 2d 5· Fla.· 1952-12-19 ·cited 87×·via Vagueness Of Statutes
  Used car dealers challenged the constitutionality of Florida's amended Sunday closing laws (Sections 855.01 and 855.02) as applied to their business. The Florida Supreme Court held the 1951 amendments unconstitutional because the exemptions for various businesses bore no rational
• United States v. Anzalone
  766 F.2d 676· 1st Cir.· 1985-07-01 ·cited 86×
  The court affirmed the conviction, finding that the defendant's actions constituted a violation of currency reporting requirements.
• United States v. Mandell Jackson
  935 F.2d 832· 7th Cir.· 1991-06-14 ·cited 85×·via Void For Vagueness Doctrine
  The court held that the money laundering statute was not unconstitutionally vague as applied to Davis and that sufficient evidence supported the conspiracy convictions. However, Gines's case was remanded for resentencing due to an erroneous obstruction of justice enhancement.
• Leeman v. State
  357 So. 2d 703· Fla.· 1978-04-04 ·cited 85×·via Vagueness Of Statutes
  The Florida Supreme Court affirmed a conviction for possessing a "Blue Box" device, holding that the statute prohibiting such possession for the purpose of avoiding long-distance telecommunication charges was not unconstitutionally vague. The court also found that the trial court
• Talbot D'Alemberte v. William (Dale) Anderson
  349 So. 2d 164· Fla.· 1977-05-26 ·cited 85×·via Unconstitutional Vagueness
  The Florida Supreme Court affirmed the District Court's invalidation of Florida Statutes Section 112.313(1), which prohibited public officials from accepting gifts that would cause a reasonably prudent person to be influenced in their official duties. The court found the statute
• Operation Rescue v. Women's Health Ctr., Inc.
  626 So. 2d 664· Fla.· 1993-10-28 ·cited 84×
  Operation Rescue challenged an amended permanent injunction restricting its anti-abortion demonstrations outside a medical clinic and near employees' homes. The Florida Supreme Court upheld the injunction, holding that content-neutral, narrowly tailored restrictions on the time,
• Thomas v. State
  326 So. 2d 413· Fla.· 1975-12-03 ·cited 84×
  Frank Douglas Thomas appeals his conviction for crimes including assault, battery, and violating Florida's sodomy statute (Section 800.02). The Florida Supreme Court affirmed, rejecting arguments that prosecutorial remarks denied him a fair trial, that the sodomy statute was unco
• Sarasota Cnty. v. Barg
  302 So. 2d 737· Fla.· 1974-04-19 ·cited 84×
  The Florida Supreme Court reviewed the constitutionality of Chapter 71-904, a special act creating the Manasota Key Conservation District with restrictions on property use, density, and environmental protection. The Court held that Section 7 and part of Section 6 were unconstitut
• United States v. Sacco
  491 F.2d 995· 9th Cir.· 1974-01-30 ·cited 84×
  The court held that 18 U.S.C. § 1955 is constitutional, not vague, and applies to lower-level participants in illegal gambling businesses.
• Benny B. Barrett v. Thomas
  649 F.2d 1193· 5th Cir.· 1981-07-10 ·cited 83×
  The court's opinion, which this judge concurs with, holds that a local government entity is liable under § 1983 when its official policy or custom inflicts injury, not solely for the acts of its employees or agents.
• White v. State
  330 So. 2d 3· Fla.· 1976-03-24 ·cited 83×
  John White was convicted of disorderly conduct and resisting arrest after loudly and profanely disrupting police operations at a substation while trying to obtain bail for his father. The Florida Supreme Court upheld the constitutionality of the disorderly conduct statute but rev
• United States v. Marino-Garcia
  679 F.2d 1373· 11th Cir.· 1982-07-09 ·cited 81×·via Vagueness Of Statutes
  The court held that 21 U.S.C.A. § 955a extends U.S. criminal jurisdiction to all stateless vessels on the high seas engaged in drug distribution, regardless of a nexus to the United States, and that such seizures do not violate the Fourth Amendment.
• B.H. v. State
  622 So. 2d 615· Fla. 5th DCA· 1993-08-13 ·cited 80×
  Section 39.061 of the Florida Statutes is constitutional as applied to juveniles committed to detention facilities after October 1, 1990, when the trial court has designated the restrictiveness level pursuant to section 39.052(3)(e), even though the statute is unconstitutional as
• State v. Salvadore Saiez
  489 So. 2d 1125· Fla.· 1986-06-12 ·cited 80×
  Florida's Supreme Court held that a statute criminalizing mere possession of embossing machines violated substantive due process because it lacked a rational relationship to the legitimate state goal of preventing credit card fraud. The Court affirmed the dismissal of charges aga