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

• Anthony v. State
  108 So. 3d 1111· Fla. 5th DCA· 2013-01-25 ·cited 10×·via Constitutional Vagueness
  Casey Anthony appealed her convictions for four counts of providing false information to law enforcement during a missing person investigation. The Fifth District Court of Appeal affirmed the denial of her motion to suppress statements and rejected her vagueness challenge, but re
• Liner v. Workers Temp. Staffing, Inc.
  990 So. 2d 473· Fla.· 2008-07-31 ·cited 10×·via Vagueness Of Statutes
  The Florida Supreme Court reversed the Fourth District's decision invalidating a labor law statute regulating transportation charges for day laborers. The Court held that Workers Temporary Staffing, Inc. did not violate the law by charging $1.50 for site-to-site transportation, a
• Siplin v. State
  972 So. 2d 982· Fla. 5th DCA· 2007-12-28 ·cited 10×·via Vagueness Challenge
  Gary Siplin appeals convictions for grand theft and misdemeanor violation of a campaign finance statute. The court reverses the grand theft conviction for insufficient evidence and reverses the misdemeanor conviction due to a missing mens rea jury instruction, though the misdemea
• State v. Roxie Lynn Hanna
  901 So. 2d 201· Fla. 5th DCA· 2005-03-24 ·cited 10×·via Constitutional Vagueness
  Florida appeals the dismissal of four counts charging Roxie Lynn Hanna with operating an unlicensed adult bookstore under Orange County's Adult Entertainment Code. The court reversed, holding that the Code's definition of 'adult bookstore' is not unconstitutionally vague and that
• State v. Cyphers
  873 So. 2d 471· Fla. 2d DCA· 2004-05-12 ·cited 10×·via Void For Vagueness Doctrine
  The State appealed trial court orders dismissing gambling charges against Cyphers and McKinney on vagueness grounds. The appellate court reversed, holding that Florida's gambling statutes are not unconstitutionally vague and that the defendants' conduct clearly fell outside the c
• Hershkowitz v. State
  744 So. 2d 1268· Fla. 3d DCA· 1999-12-08 ·cited 10×·via Void For Vagueness Doctrine
  The court held that section 817.234(8) Florida Statutes is constitutional, not violating free speech, vagueness, overbreadth, or equal protection.
• Edwards v. State
  753 So. 2d 578· Fla. 4th DCA· 1999-11-10 ·cited 10×·via Vagueness Challenge
  Richard Edwards was convicted of armed burglary under Florida's Prison Releasee Reoffender Act and challenged his conviction and sentence on appeal. The Fourth District Court of Appeal affirmed his conviction, rejecting challenges to both the trial court's voir dire rulings and t
• State v. Dial
  730 So. 2d 813· Fla. 4th DCA· 1999-04-07 ·cited 10×·via Void For Vagueness Doctrine
• Jennings v. State
  682 So. 2d 144· Fla.· 1996-10-31 ·cited 10×
  The court held that the term '12 a.m.' in the statute is not unconstitutionally vague and refers to midnight.
• Witmer v. Dep't of Bus. & Prof'l Reg.
  662 So. 2d 1299· Fla. 4th DCA· 1995-10-25 ·cited 10×
  A horse track veterinarian challenged the validity of emergency and permanent rules promulgated by the Division of Pari-Mutuel Wagering after the Legislature repealed most racing regulations in 1991. The court upheld the Division's authority to validate occupational licenses but
• State v. Tremmel
  644 So. 2d 102· Fla. 2d DCA· 1994-09-23 ·cited 10×·via Vagueness Challenge
• Cafe 207, Inc. v. St. Johns Cnty.
  856 F. Supp. 641· M.D. Fla.· 1994-06-23 ·cited 10×
  The St. Johns County Public Nudity Ordinance is constitutional and does not violate the First or Fourteenth Amendments.
• Isaac v. State
  626 So. 2d 1082· Fla. 1st DCA· 1993-11-17 ·cited 10×·via Vagueness Challenge To Statute
  Kevin Isaac appeals his conviction for attempted murder of a law enforcement officer under Florida Statute § 784.07(3), challenging the constitutionality of the statute and various trial rulings. The First District Court of Appeal affirmed the conviction, holding that the statute
• Mauricio Beltran-Lopez v. State
  626 So. 2d 163· Fla.· 1993-09-02 ·cited 10×·via Unconstitutional Vagueness
  The Florida Supreme Court reaffirmed Mauricio Beltran-Lopez's death sentence for murder after the U.S. Supreme Court remanded the case in light of Espinosa v. Florida, which invalidated Florida's "especially heinous, atrocious, or cruel" aggravating circumstance as unconstitution
• State v. Folsom
  630 So. 2d 1129· Fla. 2d DCA· 1993-07-23 ·cited 10×·via Void For Vagueness Doctrine
  The rules and methods for maintaining and testing breathalyzer equipment are not void for vagueness and substantially comply with statutory requirements, and the county court has subject matter jurisdiction over challenges to these rules.
• Dobbins v. State
  605 So. 2d 922· Fla. 5th DCA· 1992-09-24 ·cited 10×
  Michael Dobbins was convicted of battery and sentenced under Florida's hate crime enhancement statute for beating John Daly, a Jewish youth, while making anti-Semitic statements. The Fifth District Court of Appeal upheld the conviction and rejected constitutional challenges to th
• United States v. Loehr
  966 F.2d 201· 6th Cir.· 1992-06-10 ·cited 10×·via Void For Vagueness Doctrine
  The court held that the evidence was sufficient to prove an attempted money laundering offense, the statute was not unconstitutionally vague, the admission of prior dealings was proper, and the Sentencing Guidelines were correctly applied.
• United States v. Raymond Williams (91-1025)
  962 F.2d 1218· 6th Cir.· 1992-05-01 ·cited 10×·via Void For Vagueness Doctrine
  The court affirmed the convictions and sentences, holding that the stop and search of Powell's purse were lawful, the denial of Dodson's notes was proper, the bill of particulars issues were either waived or harmless error, and the sentencing enhancements were supported by eviden
• Kennedy v. Singletary
  599 So. 2d 991· Fla.· 1992-04-30 ·cited 10×
  Claims that were litigated or could have been litigated in earlier direct appeal or collateral proceedings are procedurally barred and cannot be raised in successive motions. Even if not procedurally barred, the trial court's harmless-error analysis regarding invalid aggravating
• Lawline v. Am. BAR Ass'n
  956 F.2d 1378· 7th Cir.· 1992-02-25 ·cited 10×
  The court held that the challenged legal ethics rules are immune from antitrust challenges and do not violate constitutional rights, affirming the dismissal of the plaintiffs' complaint.
• Paradis v. A.J. Arave
  954 F.2d 1483· 9th Cir.· 1992-01-23 ·cited 10×
  The court held that the circumstantial evidence was sufficient to support the jury's finding that the murder occurred in Idaho, and that the admission of evidence relating to another murder for which the defendant was acquitted did not violate due process or double jeopardy. The
• Hale v. State
  589 So. 2d 1000· Fla. 1st DCA· 1991-11-15 ·cited 10×·via Vagueness Challenge
  Michael Hale appealed his sentences for burglary and petit theft, challenging the constitutionality of Florida's habitual offender statute and objecting to sentencing discrepancies and court costs. The court affirmed the convictions and sentences but remanded to correct the writt
• United States v. Donahue
  948 F.2d 438· 8th Cir.· 1991-10-24 ·cited 10×
  The court affirmed the convictions, holding that the indictment was sufficient, eyewitness identification was not impermissibly suggestive, hearsay testimony was harmless error, statements made to police were not custodial, and severance was not required.
• Kennan Nephew v. State
  580 So. 2d 305· Fla. 1st DCA· 1991-05-24 ·cited 10×·via Vagueness Of Statutes
  Kennan Nephew appealed his conviction for attempted first-degree murder of a law enforcement officer and related offenses, challenging the constitutionality of Florida's mandatory 25-year minimum sentence for attempted murder of a law enforcement officer. The court affirmed the c
• Ferris J. Alexander & U.S. Video, Inc. v. The City OF Minneapolis
  928 F.2d 278· 8th Cir.· 1991-03-18 ·cited 10×
  The court held that U.S. Video lacked standing to challenge the ordinance for vagueness, and that the ordinance did not violate the First Amendment as applied to Alexander's theaters because reasonable relocation alternatives existed.
• Ragin v. The NEW York Times Co.
  923 F.2d 995· 2d Cir.· 1991-01-23 ·cited 10×
  The court held that the Fair Housing Act's prohibition on housing advertisements indicating racial preference applies to the use of models, and the complaint sufficiently alleged that the Times's advertising practices violated the Act.
• O'Connor v. The City & Cnty. OF Denver
  894 F.2d 1210· 10th Cir.· 1990-01-29 ·cited 10×
  The court held that the plaintiffs abandoned their claim regarding the revised code and thus lacked standing to challenge it, and that the First Amendment was not implicated by the closure of the theaters due to public indecency.
• United States v. Wolf
  890 F.2d 241· 10th Cir.· 1989-11-22 ·cited 10×
  The court held that 18 U.S.C. § 2251 is constitutional as applied to the photograph, and the term 'lascivious exhibition' does not require the child to exhibit lustful intent.
• United States v. Donnie G. Brunson
  882 F.2d 151· 5th Cir.· 1989-08-21 ·cited 10×
  The court held that the indictment sufficiently charged an offense under 18 U.S.C. § 215 and the evidence was sufficient to support the conviction, but the district court erred in applying the incorrect sentencing guideline.
• United States v. 57
  869 F.2d 955· 6th Cir.· 1989-03-14 ·cited 10×
  The court held that the drug paraphernalia statute is constitutional and was properly applied, and that civil forfeiture under customs law is an available remedy alongside criminal forfeiture. The court also held that the agents were entitled to qualified immunity.
• State v. Cohen
  545 So. 2d 894· Fla. 4th DCA· 1989-02-15 ·cited 10×
  Florida appealed the trial court's order granting defendant Cohen's motion to dismiss charges of witness tampering under Florida Statutes § 914.22(1)(a) and (3). The court affirmed, finding the statute unconstitutionally vague, overbroad, and placing an impermissible burden of pr
• DeSisto Coll., Inc. v. Town of Howey-In-The-Hills
  706 F. Supp. 1479· M.D. Fla.· 1989-01-23 ·cited 10×·via Vagueness
  The court found that the undisputed facts supported summary judgment, as the town's zoning actions were not based on irrational prejudice but on legitimate concerns about the intensive use of residential property by the college.
• Nash v. Delbert Chandler
  848 F.2d 567· 5th Cir.· 1988-06-30 ·cited 10×
  The court held that while the district court properly awarded attorney's fees to prevailing plaintiffs, the State of Texas, having intervened solely to defend a statute's constitutionality, cannot be held jointly and severally liable for those fees.
• Lani Soules v. Kauaians FOR Nukolii Campaign Comm.
  849 F.2d 1176· 9th Cir.· 1988-06-14 ·cited 10×·via Void For Vagueness Doctrine
  The court held that appellants' equal protection claim for equitable relief was barred by laches, and a Section 1983 damage action was not available for bypassed equitable remedies. The court reversed the award of sanctions against the appellants.
• Fillingim v. Boone
  835 F.2d 1389· 11th Cir.· 1988-01-22 ·cited 10×
  The court affirmed the district court's decision, holding that the Leon County ordinance prohibiting nude or semi-nude entertainment in establishments selling alcohol was constitutional.
• Acorn v. City OF Tulsa
  835 F.2d 735· 10th Cir.· 1987-12-15 ·cited 10×
  The court held that ordinances granting unfettered discretion to license expressive conduct or erect structures are facially unconstitutional, while an absolute ban on structures is facially constitutional. ACORN has standing and its challenge is ripe.
• United States v. Articles OF Drug
  825 F.2d 1238· 8th Cir.· 1987-08-04 ·cited 10×·via Void For Vagueness Doctrine
  The court held that the term 'imitation' in 21 U.S.C. § 352(i)(2) is not unconstitutionally vague, but reversed the district court's finding that products 'similar in concept' alone constituted imitation. The court affirmed the finding of intentional inducement for injunctive rel
• Dennie Pryse Ewen, III v. State
  518 So. 2d 1285· Fla. 4th DCA· 1987-06-10 ·cited 10×·via Constitutional Vagueness
• Fowler v. The Bd. OF Educ. OF Lincoln Cnty.
  819 F.2d 657· 6th Cir.· 1987-06-01 ·cited 10×
  The school board's termination of Ms. Fowler's teaching contract did not violate her First Amendment rights, as the board's decision was based on permissible objections to the film's vulgarity and unsuitability, not solely on disagreement with its message.
• Schoffner v. Commissioner OF Internal Revenue
  812 F.2d 292· 6th Cir.· 1987-02-26 ·cited 10×·via Vagueness Of Statutes
  The court held that the plaintiff's tax return issues were without merit and that the appeal was frivolous, warranting damages.
• United States v. Hescorp
  801 F.2d 70· 2d Cir.· 1986-09-11 ·cited 10×·via Void For Vagueness Doctrine
  The court held that the Treasury Regulations prohibiting exports to Iran did not contain an exception for shipments of goods under pre-existing service contracts, and that the regulations were not unconstitutionally vague.
• Margaret S. v. Edwards
  794 F.2d 994· 5th Cir.· 1986-07-18 ·cited 10×
  The court held that a Louisiana statute requiring physicians to inform patients of options for fetal remains disposition is unconstitutional, as is a statute forbidding experimentation on fetal remains due to vagueness.
• Gov't of the Virgin Islands v. Harrigan
  791 F.2d 34· 3d Cir.· 1986-05-22 ·cited 10×·via Void For Vagueness Doctrine
  The application of the Virgin Islands habitual criminal statute to a larceny conviction is constitutional, and the defendant's equal protection claims lack merit.
• Citizens FOR John W. Moore Party v. Bd. OF Election Comm'rs OF the City OF Chicago
  781 F.2d 581· 7th Cir.· 1986-01-13 ·cited 10×
  The court certified a question of law to the Illinois Supreme Court regarding the interpretation of a statute concerning petition circulators.
• United States v. Garth
  773 F.2d 1469· 5th Cir.· 1985-10-08 ·cited 10×
  The court held that the defendant's conviction for converting mortgaged property to his own use was supported by sufficient evidence and that his various legal arguments, including claims of constitutional violations, statutory vagueness, government estoppel, and evidentiary erro
• United States v. Conover
  772 F.2d 765· 11th Cir.· 1985-09-30 ·cited 10×·via Void For Vagueness Doctrine
  The court held that the defendants' conspiracy to defraud Seminole Electric, a recipient of federal loan assistance, did not violate 18 U.S.C. § 371 because Seminole Electric was not a federal agency or performing a federal function.
• Walberg v. United States
  763 F.2d 143· 2d Cir.· 1985-06-05 ·cited 10×
  The court held that special parole terms under the Comprehensive Drug Abuse Prevention and Control Act of 1970 are not limited to the period of imprisonment and are constitutional. The court affirmed the denial of the petitioner's motion to vacate her special parole term.
• State v. Rosenfeld
  467 So. 2d 731· Fla. 3d DCA· 1985-03-26 ·cited 10×
  Patricia Rosenfeld was arrested for official misconduct and perjury but negotiated a plea to misconduct alone. After withdrawing her guilty plea, she moved to dismiss the misconduct charge as unconstitutionally vague and challenged the perjury charge on speedy trial grounds. The
• Stepniewski v. Superintendent John Gagnon & Attorney Gen. of the State of Wis.
  732 F.2d 567· 7th Cir.· 1984-04-12 ·cited 10×·via Void For Vagueness Doctrine
  A state may constitutionally convict individuals for violations of regulatory statutes without proof of criminal intent, provided the statute gives fair warning of prohibited conduct and does not violate other due process protections.
• Metro. Dade Cnty. v. The Golden Nugget Grp.
  448 So. 2d 515· Fla. 3d DCA· 1984-02-28 ·cited 10×
  The Florida District Court of Appeal upheld the constitutionality of a 1983 state law authorizing Dade County to levy a 3% convention development tax on short-term hotel and motel rentals, but struck down the county ordinance's collection provision as conflicting with state tax a