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

• In re Standard Jury Instructions IN Crim. Case-Report NO. 2015-05
  195 So. 3d 1088· Fla.· 2016-04-07 ·cited 9×·via Void For Vagueness Doctrine
  The Florida Supreme Court approved amendments to seventeen existing standard criminal jury instructions and adopted two new instructions relating to sexual offender and sexual predator registration requirements. The Court rejected constitutional challenges raised by the Florida A
• Morton v. State
  988 So. 2d 698· Fla. 1st DCA· 2008-08-08 ·cited 9×
  Michael Morton was convicted of felony hazing for participating in a fraternity initiation ritual where a victim was beaten with canes, resulting in serious injury requiring surgery. The appellate court reversed the conviction due to a defective jury instruction that impermissibl
• Martin v. State
  747 So. 2d 474· Fla. 5th DCA· 1999-12-30 ·cited 9×·via Vagueness Of Statutes
  A pocketknife can qualify as a deadly weapon in an aggravated battery prosecution when used in a manner likely to produce great bodily harm, and the trial court's conviction was affirmed.
• Newberger v. State
  641 So. 2d 419· Fla. 2d DCA· 1994-07-29 ·cited 9×·via Vagueness Challenge
  Mitchell Scott Newberger was convicted of modifying intellectual property and making a false statement to obtain a credit card. The Florida District Court of Appeal upheld the constitutionality of the statute criminalizing modification of intellectual property but reversed his co
• In the Interest of J.H. v. State
  625 So. 2d 883· Fla. 1st DCA· 1993-10-04 ·cited 9×
  Florida's trespass statute for school grounds is not unconstitutionally vague because 'legitimate business' is clarified by reference to authorization, license, or invitation to enter school property.
• United States v. Akzo Coatings OF Am., Inc.
  949 F.2d 1409· 6th Cir.· 1991-12-05 ·cited 9×
  The court held that the district court did not err in refusing to consider an affidavit offered outside the administrative record, and that Michigan's anti-degradation law was not an ARAR under CERCLA.
• Rothner v. City OF Chicago
  929 F.2d 297· 7th Cir.· 1991-04-01 ·cited 9×
  The court held that the City of Chicago ordinance prohibiting minors from playing video games during school hours is a valid time, place, and manner restriction on speech, serving a legitimate governmental interest in preventing truancy and promoting education.
• United States v. Stansell
  847 F.2d 609· 9th Cir.· 1988-05-27 ·cited 9×·via Void For Vagueness Doctrine
  The court held that defendants were not entitled to a jury trial because the offense was petty, and the regulation they were convicted under was not unconstitutionally vague or overbroad when reasonably construed in context.
• Sims v. State
  510 So. 2d 1045· Fla. 1st DCA· 1987-07-24 ·cited 9×·via Void For Vagueness Doctrine
  Section 950.09, Florida Statutes, proscribing malpractice by a jailer, is not impermissibly vague and does not violate constitutional due process requirements.
• Moorehead v. State
  383 So. 2d 629· Fla.· 1980-05-01 ·cited 9×·via Vagueness Challenge
  Moorehead was convicted under Florida's RICO statute for being employed by an enterprise conducting racketeering activity. The Florida Supreme Court upheld the statute against challenges that it was unconstitutionally vague and over-broad, holding that the statutory language suff
• Graham v. State
  362 So. 2d 924· Fla.· 1978-09-14 ·cited 9×
  The court held that the statute was not unconstitutionally vague, but reversed the conviction because the jury instructions may have allowed conviction based on negligence rather than willfulness.
• United States v. 16
  443 F.2d 463· 2d Cir.· 1971-06-08 ·cited 9×·via Void For Vagueness Doctrine
  The court held that the statutory definition of a firearm, including starter guns that "may readily be converted" to expel a projectile, is not unconstitutionally vague as applied to the facts, and the imported starter guns were subject to forfeiture.
• Livingston v. Garmire
  442 F.2d 1322· 5th Cir.· 1971-05-10 ·cited 9×·via Vagueness Of Statutes
  A federal court cannot enjoin a pending state criminal prosecution unless the plaintiff proves great and immediate irreparable injury, and mere vagueness or overbreadth of a statute is insufficient without bad faith or harassment.
• S. Fla. ART Theaters, Inc. v. State of Fla. ex rel. Marvin U. Mounts, Jr.
  224 So. 2d 706· Fla. 4th DCA· 1969-06-19 ·cited 9×
  A Florida court upheld an ex parte temporary restraining order against a movie theater operator allegedly showing an obscene film, rejecting constitutional challenges that the obscenity statute was vague and that the emergency injunction procedure violated free speech rights. The
• State of La. v. COX
  158 So. 2d 172· Fla.· 1963-11-12 ·cited 9×
  B. Elton Cox was convicted under Louisiana Revised Statute 14:401 for leading a mass demonstration of 1,500-3,800 people near the East Baton Rouge Parish courthouse. The Louisiana Supreme Court upheld his conviction, holding that the statute is constitutional and that Cox's demon
• Eknes-Tucker v. Governor of the State of Ala.
  80 F.4th 1205· 11th Cir.· 2023-08-21 ·cited 8×·via Void For Vagueness Doctrine
  The Eleventh Circuit Court of Appeals vacated a preliminary injunction blocking Alabama's prohibition on puberty blockers and cross-sex hormone treatment for transgender minors, holding that the district court applied the wrong legal standard in evaluating the constitutional chal
• League of Women Voters of Fla. Inc. v. Fla. Sec'y of State
  32 F.4th 1363· 11th Cir.· 2022-05-06 ·cited 8×
  The Eleventh Circuit granted Florida's motion to stay a district court's injunction against election laws, finding the district court's findings of intentional discrimination and unconstitutional vagueness/overbreadth were sufficiently vulnerable to warrant a stay pending appeal,
• Jefferson Eugene Davis v. Gilchrist Cnty. Sheriff's Off.
  280 So. 3d 524· Fla. 1st DCA· 2019-09-25 ·cited 8×·via Void For Vagueness Doctrine
  The RPO statute does not require proof of serious or recurring mental illness; instead, a court may issue an RPO based on threatening and erratic behavior demonstrating mental or emotional instability. The trial court's findings of fact were supported by clear and convincing evid
• Weeks v. State
  146 So. 3d 81· Fla. 1st DCA· 2014-08-26 ·cited 8×·via Vagueness Of Statutes
  Section 790.23, Florida Statutes, is unconstitutionally vague regarding possession of a replica of an antique firearm by a convicted felon, as the term 'replica' lacks a clear definition providing fair notice.
• Bankshot Billiards, Inc. v. City OF Ocala
  634 F.3d 1340· 11th Cir.· 2011-03-11 ·cited 8×
  Bankshot Billiards challenged a City of Ocala ordinance restricting entry of persons under twenty-one to alcohol-serving establishments, claiming the ordinance was unconstitutionally vague under the Fourteenth Amendment. The district court declared the ordinance facially vague an
• State v. Rubio
  917 So. 2d 383· Fla. 5th DCA· 2005-12-30 ·cited 8×·via Void For Vagueness Doctrine
  Florida appealed the dismissal of criminal charges against dental providers and associated defendants for Medicaid fraud, patient brokering, racketeering, and white-collar crimes. The trial court found Florida's Medicaid provider fraud statute unconstitutional under the Supremacy
• Ahmad Saidi v. State
  845 So. 2d 1022· Fla. 5th DCA· 2003-05-30 ·cited 8×·via Vagueness Challenge To Statute
  Ahmad Saidi was convicted of sending written threats of death or bodily injury in violation of Florida Statute § 836.10 after sending angry letters and documents to his former wife's attorney during a contentious family law proceeding. Saidi challenged his conviction as violating
• Parker v. State
  790 So. 2d 1033· Fla.· 2001-07-12 ·cited 8×·via Void For Vagueness Doctrine
  The Court held that the Prison Releasee Reoffender Act does not require proof of a defendant's release to a jury beyond a reasonable doubt, as it does not increase the maximum statutory penalty.
• Marshall v. State
  789 So. 2d 969· Fla.· 2001-07-05 ·cited 8×·via Vagueness Challenge
  The court held that the Prison Releasee Reoffender Act does not increase the maximum statutory penalty, and therefore, Apprendi does not require proof of a defendant's release to a jury beyond a reasonable doubt.
• Solomos v. Sheriff Ken Jenne
  776 So. 2d 953· Fla. 4th DCA· 2000-12-20 ·cited 8×
  Inmates at the Broward County Jail challenged the constitutionality of a Florida statute and sheriff's policy charging them daily subsistence fees and uniform fees deducted from their jail accounts. The court affirmed the sheriff's motion for summary judgment, holding that the st
• Donnell Miller v. State
  751 So. 2d 115· Fla. 1st DCA· 2000-01-07 ·cited 8×·via Void For Vagueness Doctrine
  Donnell Miller was convicted of burglary and dealing in stolen property and sentenced under Florida's Prison Releasee Reoffender Punishment Act and habitual felony offender statute. Miller appealed challenging the constitutionality of the PRR Act on multiple grounds, but the cour
• Smith v. State
  753 So. 2d 575· Fla. 4th DCA· 1999-10-20 ·cited 8×·via Void For Vagueness Doctrine
  Andrea Smith appeals her 15-year mandatory sentence under Florida's Prison Releasee Reoffender Act, arguing the trial judge erred in finding sentencing mandatory despite the victim's written request for leniency. The court rejected Smith's constitutional challenges but agreed tha
• Beverly Enterprises-Florida, Inc. v. McVEY
  739 So. 2d 646· Fla. 2d DCA· 1999-07-21 ·cited 8×·via Unconstitutional Vagueness
  Beverly Enterprises, a nursing home operator, appeals a jury verdict in favor of Eldridge McVey's estate for negligence and statutory violations. The court affirmed the liability verdict but reversed the damage apportionment that had included the VA Hospital as a tortfeasor, hold
• Munao v. The Homeowners Ass'n OF LA Buona Vita Mobile Home Park, Inc.
  740 So. 2d 73· Fla. 4th DCA· 1999-07-14 ·cited 8×·via Constitutional Vagueness
  Mobile home park owners appeal a trial court judgment reducing lot rental fees and awarding attorney's fees to the homeowners association. The Fourth District affirms, holding that the 1990 amendment to Florida's mobile home park statute applies retroactively, that reasonableness
• O. C. v. State
  722 So. 2d 839· Fla. 5th DCA· 1998-11-06 ·cited 8×
  The Florida Fifth District Court of Appeal held that section 874.04 of the Criminal Street Gang Prevention Act of 1996 is facially unconstitutional as applied to enhance penalties for juveniles based solely on gang membership without requiring any nexus between the gang membershi
• Arias v. State
  710 So. 2d 655· Fla. 3d DCA· 1998-04-22 ·cited 8×
  A real estate agent appeals a disciplinary order suspending her license for two years for facilitating housing discrimination based on race. The court reverses because the Florida Real Estate Commission failed to establish penalty guidelines for violations of the specific statute
• Lady J. Lingerie, Inc. v. City of Jacksonville
  973 F. Supp. 1428· M.D. Fla.· 1997-08-26 ·cited 8×
  The court held that the city's ordinances, while regulating adult entertainment, did not violate procedural due process and provided sufficient alternative avenues for communication. The court also found that nude dancing is expressive conduct protected by the First Amendment.
• Centerfold Club, Inc. v. City of St. Petersburg
  969 F. Supp. 1288· M.D. Fla.· 1997-05-20 ·cited 8×
  The court held that the Adult Use Zoning Regulation is a content-neutral time, place, and manner restriction, and that the City had a reasonable basis for enacting it based on studies from other cities. The court also found that the ordinance provides reasonable alternative avenu
• State v. Campbell
  664 So. 2d 1085· Fla. 5th DCA· 1995-12-08 ·cited 8×·via Constitutional Vagueness
  The State sought certiorari review of a trial court's order that barred child hearsay evidence by finding Florida Statute § 90.803(23)(a) unconstitutionally vague for failing to define 'physical, mental, emotional, or developmental age.' The appellate court reversed, holding that
• State v. Davis
  623 So. 2d 622· Fla. 4th DCA· 1993-09-08 ·cited 8×
  The appellate court reversed a lower court's decision that a Florida statute criminalizing lewd acts was unconstitutional. The court found the statute was not vague, overbroad, sexually discriminatory, or violative of the single-subject rule, and that the state had a compelling i
• Turner v. State
  615 So. 2d 819· Fla. 1st DCA· 1993-03-16 ·cited 8×
  Florida appellate court affirmed Turner's cocaine trafficking conviction under Fla. Stat. § 893.13(1)(i) but struck certain probation conditions not orally pronounced and dismissed without prejudice his unpreserved challenge to his plea's voluntariness.
• United States v. Kaufmann
  985 F.2d 884· 7th Cir.· 1993-02-02 ·cited 8×·via Vagueness Challenge
  The court held that it has appellate jurisdiction over the conviction and sentence, and that sufficient evidence supported the conviction for attempted money laundering.
• United States v. Errol J. Jackson
  983 F.2d 757· 7th Cir.· 1993-01-04 ·cited 8×·via Void For Vagueness Doctrine
  The court affirmed convictions for money laundering and structuring, but vacated sentences for Beckum and Freeman due to procedural errors in sentencing enhancements, remanding for resentencing.
• United States v. Easter
  981 F.2d 1549· 10th Cir.· 1992-12-10 ·cited 8×·via Vagueness Challenge
  The court should remand for a hearing on the defendant's claim that the government withheld a sentence reduction motion in retaliation for exercising his right to a jury trial.
• United States v. Long
  977 F.2d 1264· 8th Cir.· 1992-10-20 ·cited 8×·via Vagueness Challenge To Statute
  The court affirmed the convictions and sentences, finding sufficient evidence for money laundering and conspiracy charges, and rejecting claims of instructional error, prejudicial cross-examination, unconstitutional vagueness, and improper denial of severance.
• State v. SCM Glidco Organics Corp. & Seminole Kraft Corp.
  592 So. 2d 710· Fla. 1st DCA· 1991-12-23 ·cited 8×·via Constitutional Vagueness
  Section 823.01 (public nuisance statute) is not unconstitutionally vague because English common law can be consulted to clarify its meaning. However, Section 823.01 has been impliedly superseded by Chapter 403 insofar as it applies to air pollution, and the state was estopped fro
• Clark v. Ricketts
  958 F.2d 851· 8th Cir.· 1991-08-09 ·cited 8×·via Vagueness Challenge To Statute
  The court affirmed the denial of the habeas corpus petition, holding that the Sixth Amendment right of confrontation was not violated by concealing a witness's identity when necessary for safety, and that the state death penalty statute and sentencing procedures were constitution
• Clark v. Ricketts
  942 F.2d 567· 9th Cir.· 1991-08-09 ·cited 8×·via Vagueness Challenge
  The court held that the appellant's Sixth Amendment right of confrontation was not violated by the concealment of a witness's identity and address, and that his Fifth and Sixth Amendment claims regarding a presentence interview were either frivolous or procedurally barred. The co
• Nat'l Advertising Co. v. The City & Cnty. OF Denver
  912 F.2d 405· 10th Cir.· 1990-08-16 ·cited 8×
  The court held that Denver's new ordinance regulating billboards near freeways is facially constitutional under the First Amendment, and that National's claims for damages and injunctive relief were properly denied.
• Geary v. Renne
  911 F.2d 280· 9th Cir.· 1990-08-14 ·cited 8×
  A state constitutional provision banning political parties from endorsing candidates for nonpartisan office violates the First and Fourteenth Amendments by infringing on political speech and association rights without serving a compelling state interest narrowly tailored to its o
• Sequoia Books, Inc. v. Ingemunson
  901 F.2d 630· 7th Cir.· 1990-05-07 ·cited 8×
  The court held that the Illinois forfeiture provisions do not facially violate the First Amendment, are not unconstitutionally vague or overbroad, and that Sequoia has standing to challenge them. However, the provisions cannot be applied to convictions that occurred before the st
• S. Ent. Co. v. City of Boynton Beach
  736 F. Supp. 1094· S.D. Fla.· 1990-04-06 ·cited 8×·via Vagueness
  The court held that the ordinance was void because the city failed to comply with state statutory notice requirements for its enactment, despite the ordinance otherwise being a valid time, place, and manner regulation under the First Amendment.
• State v. Warren
  558 So. 2d 55· Fla. 2d DCA· 1990-01-19 ·cited 8×
  The State of Florida appeals the trial court's dismissal of an information charging defendants with keeping a house of ill fame under section 796.01, Florida Statutes, on vagueness grounds. The appellate court reverses, holding that "prostitution" and "lewdness" are not unconstit
• Ferris v. Santa Clara Cnty.
  891 F.2d 715· 9th Cir.· 1989-12-06 ·cited 8×
  The court held that the California statutes proscribing certain sexual activities with minors are constitutional and that the district court did not err in striking the appellant's second amended complaint.
• United States v. Rory Doremus and David Doremus
  888 F.2d 630· 9th Cir.· 1989-10-31 ·cited 8×
  The court held that Forest Service regulations prohibiting damage to natural features and violation of operating plans are consistent with federal mining laws and are not unconstitutionally vague as applied to mining claimants who failed to obtain approval for their activities.