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

• Wheaton v. State
  789 So. 2d 975· Fla.· 2001-07-12 ·cited 6×·via Void For Vagueness Doctrine
  The Florida Supreme Court approved the First District Court of Appeal's decision upholding Corey Douglas Wheaton's conviction and life sentence as a prison releasee reoffender under Florida's Prison Releasee Reoffender Punishment Act. The Court rejected Wheaton's constitutional c
• Royal v. State
  784 So. 2d 1210· Fla. 5th DCA· 2001-04-12 ·cited 6×·via Vagueness Challenge
  Mark Royal appeals his conviction for selling cocaine within 1,000 feet of a convenience business, challenging the statute as unconstitutionally vague because it defines 'convenience business' by reference to another statute. The court affirms, holding that the statute is suffici
• Rollinson v. State
  778 So. 2d 971· Fla.· 2001-01-25 ·cited 6×·via Void For Vagueness Doctrine
• Taylor v. State
  755 So. 2d 195· Fla. 1st DCA· 2000-04-17 ·cited 6×
  The court held that the appellant's sentence was properly imposed and affirmed the conviction.
• Brooks v. State
  753 So. 2d 776· Fla. 5th DCA· 2000-03-24 ·cited 6×·via Unconstitutional Vagueness
• Brake v. State
  746 So. 2d 527· Fla. 2d DCA· 1999-12-10 ·cited 6×·via Void For Vagueness Doctrine
  James Brake appealed his conviction for luring or enticing a child under section 787.025, challenging the constitutionality of the statute on vagueness grounds. The Florida District Court of Appeal agreed that the term "other than a lawful purpose" is unconstitutionally vague and
• Jean v. State
  764 So. 2d 605· Fla. 4th DCA· 1999-06-16 ·cited 6×
  Appellant Jean was convicted of selling cocaine within 1,000 feet of a place of worship in violation of Florida Statute § 893.13(1)(e). He challenged the statute as facially unconstitutional for vagueness, but the court affirmed, holding that because his conduct clearly fell with
• Sieniarecki v. State
  724 So. 2d 626· Fla. 4th DCA· 1998-12-30 ·cited 6×·via Vagueness Of Statutes
  The court held that the statutes criminalizing neglect of a disabled person are not facially unconstitutional for lacking a specific intent requirement or for vagueness, and that a right to privacy cannot be asserted vicariously.
• Zara Wilburn v. State
  763 So. 2d 353· Fla. 4th DCA· 1998-06-24 ·cited 6×·via Void For Vagueness Doctrine
  A defendant whose conduct clearly falls within a statute's prohibition cannot successfully challenge the statute as facially void for vagueness.
• Morey's Lounge, Inc. v. State
  673 So. 2d 538· Fla. 4th DCA· 1996-05-08 ·cited 6×·via Void For Vagueness Doctrine
  Morey's Lounge challenged the constitutionality of Florida's alcoholic beverage statute (Fla. Stat. § 561.29(1)(a)) on void-for-vagueness grounds and alleged arbitrary enforcement. The Fourth District Court of Appeal upheld the statute, holding that it provides adequate notice of
• Shabazz Randazo Harris v. State
  655 So. 2d 1179· Fla. 1st DCA· 1995-05-12 ·cited 6×·via Vagueness Challenge To Statute
  Harris appeals his conviction for sale of cocaine within 200 feet of a public housing facility, challenging the sufficiency of plea advice, the constitutionality of the statute, and discrepancies between oral and written probation conditions. The court reversed in part, vacating
• Billups v. State
  633 So. 2d 106· Fla. 2d DCA· 1994-03-11 ·cited 6×·via Constitutional Vagueness
• Holliday v. City OF Tampa
  619 So. 2d 244· Fla.· 1993-03-25 ·cited 6×·via Vagueness
  The Florida Supreme Court held that Tampa's loitering ordinance prohibiting loitering while manifesting the purpose of illegally using controlled substances is facially unconstitutional as vague, overbroad, and violative of substantive due process. Following the precedent establi
• United States v. Hicks
  980 F.2d 963· 5th Cir.· 1992-12-23 ·cited 6×·via Void For Vagueness Doctrine
  The court held that 49 U.S.C.App. § 1472(j) is constitutional as applied to the appellants and that the jury instructions were proper.
• United States v. X-Citement Video, Inc.
  982 F.2d 1285· 9th Cir.· 1992-12-16 ·cited 6×·via Vagueness
  The Court held that 18 U.S.C. § 2252 is unconstitutional on its face because it lacks a scienter requirement, specifically knowledge that at least one performer is under 18. The First Amendment mandates such a requirement for statutes prohibiting the distribution of child pornogr
• Jones v. Murray
  976 F.2d 169· 4th Cir.· 1992-09-11 ·cited 6×
  The court held that Virginia's death penalty statute is constitutional and affirmed the district court's denial of the appellant's Rule 60(b) motion and motion for a stay of execution.
• United States v. Slater
  971 F.2d 626· 10th Cir.· 1992-08-04 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the evidence presented was insufficient to prove an agreement to possess cocaine, as charged in the indictment, and therefore the conspiracy conviction should be reversed.
• United States v. Antzoulatos
  962 F.2d 720· 7th Cir.· 1992-05-07 ·cited 6×·via Void For Vagueness Doctrine
  The court held that 18 U.S.C. § 1956(a)(1)(B) is not unconstitutionally vague or a violation of substantive due process as applied to a merchant who knew or was willfully blind to the fact that he was dealing with drug dealers and their proceeds. The court also affirmed the denia
• United States v. Zaida Rodriguez
  961 F.2d 1089· 3d Cir.· 1992-04-17 ·cited 6×
  The court held that the schoolyard provision of federal drug laws applies to a defendant who possesses drugs within 1,000 feet of a school with the intent to distribute those drugs at any location, not just within 1,000 feet of a school.
• State v. E.L.
  595 So. 2d 981· Fla. 5th DCA· 1992-02-28 ·cited 6×·via Void For Vagueness Doctrine
  The State of Florida appealed a trial court's dismissal of charges against two minors arrested under Sanford's drug loitering ordinance. The appellate court reversed, holding that the ordinance prohibiting loitering for the purpose of engaging in drug-related activity is facially
• United States v. van Winrow
  951 F.2d 1069· 9th Cir.· 1991-12-16 ·cited 6×
  The court held that the mandatory life sentence without parole for possession of cocaine with intent to distribute, based on prior felony drug convictions, does not violate the Eighth Amendment, due process, or statutory intent.
• Cornerstone Bible Church v. City OF Hastings
  948 F.2d 464· 8th Cir.· 1991-11-01 ·cited 6×
  The court held that the City's zoning ordinance, which excluded churches from the central business district, was subject to time, place, and manner analysis and raised disputed issues of material fact regarding its narrow tailoring and underinclusiveness, and also presented equal
• Glendale Fed. Sav. & Loan Ass'n v. State
  587 So. 2d 534· Fla. 1st DCA· 1991-09-30 ·cited 6×·via Vagueness Of Statutes
  Financial institutions and insurance agencies challenged Florida's statute restricting insurance agents employed by banks and savings and loan associations as unconstitutionally vague, violating equal protection and due process, and preempted by federal law. The court affirmed su
• Sibley v. State
  586 So. 2d 1245· Fla. 1st DCA· 1991-09-23 ·cited 6×·via Vagueness Of Statutes
  Darryl Sibley appeals his conviction for attempted first-degree murder of a law enforcement officer and his sentence as a habitual felony offender to life imprisonment with a 25-year minimum mandatory. The appellate court affirmed the conviction but reversed the habitual offender
• Ne. Women's Ctr., Inc. v. McMONAGLE
  939 F.2d 57· 3d Cir.· 1991-07-17 ·cited 6×·via Vagueness
  The court held that the injunction's restrictions on speech near the health center were constitutional time, place, and manner regulations, but the 2500-foot ban on picketing near residences was not sufficiently tailored. The court affirmed the contempt finding and incarceration
• Helton v. Fauver
  930 F.2d 1040· 3d Cir.· 1991-04-10 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the New Jersey Supreme Court's interpretation of the state's juvenile law was not unforeseeable, and therefore its retroactive application to Helton did not violate due process.
• Ecenrode v. State
  576 So. 2d 967· Fla. 5th DCA· 1991-04-04 ·cited 6×
  Florida appellate court affirmed a sentence and rejected a vagueness challenge to sentencing guidelines' permitted range, but reversed the imposition of costs for lack of notice.
• Info. Providers' Coal. FOR Def. OF THE First Amendment v. Fed. Commc'ns Comm'n & the United States
  928 F.2d 866· 9th Cir.· 1991-03-21 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the FCC's definition of 'indecent' is not unconstitutionally vague and that reverse blocking is a constitutionally permissible method for restricting minors' access to dial-a-porn services.
• United States v. Clark
  912 F.2d 1087· 9th Cir.· 1990-08-28 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the regulation defining 'wasteful manner' under the Marine Mammal Protection Act was not unconstitutionally vague as applied to the defendant and was within the scope of the Secretary's authority.
• Eichenseer v. Reserve Life Ins. Co.
  894 F.2d 1414· 5th Cir.· 1990-02-09 ·cited 6×
  The court held that the Mississippi Supreme Court's creation of a bad faith refusal tort for insurance claims, which allows for punitive damages without clear standards for liability or amount, violates the Due Process Clause by failing to provide adequate notice and entrusting e
• Harper v. Grammer
  895 F.2d 473· 8th Cir.· 1990-02-05 ·cited 6×·via Constitutional Vagueness
  The Eighth Circuit affirmed the denial of the habeas corpus petition, holding that the Nebraska Supreme Court's interpretation of the "especially heinous, atrocious, or cruel" aggravating circumstance was constitutionally sufficient, and that other claims were procedurally barred
• Community FOR Creative Non-Violence v. Turner
  D.D.C.· 1990-01-26 ·cited 6×
  The court held that WMATA's permit requirement for free speech activities is facially overbroad and thus invalid under the First Amendment.
• Felton v. Fayette Sch. Dist.
  875 F.2d 191· 8th Cir.· 1989-05-19 ·cited 6×
  The court held that a school district's rule requiring good citizenship for participation in off-campus vocational programs, when applied to a student adjudicated delinquent, does not violate the Equal Protection Clause under a rational basis review.
• United States v. Protex Indus., Inc.
  874 F.2d 740· 10th Cir.· 1989-05-11 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the "knowing endangerment" provision of RCRA was not unconstitutionally vague as applied, and the trial court did not err in refusing to instruct the jury on the government's duty to report inspection results, as this duty does not constitute a defense to crim
• United States v. Kerkman
  866 F.2d 877· 6th Cir.· 1989-01-31 ·cited 6×·via Vagueness
  The court held that the defendant's mail fraud and conspiracy convictions were not based on the "intangible rights" theory prohibited by McNally, as the scheme deprived the state of economically material information and control over its money.
• Klein v. Peterson
  866 F.2d 412· Fed. Cir.· 1989-01-19 ·cited 6×·via Void For Vagueness Doctrine
  The court affirmed the district court's decision, holding that substantial evidence supported the Patent and Trademark Office's finding that the attorney deliberately intended to mislead the PTO by misrepresenting mailing dates and providing false answers to inquiries.
• United States v. Buckalew
  859 F.2d 1052· 1st Cir.· 1988-10-20 ·cited 6×·via Due Process Vagueness Challenge
  The court held that the evidence was sufficient to convict the appellant of solicitation to commit armed bank robbery and that the statute was not unconstitutionally vague.
• Ruiz v. The Comm'r OF the Dep't OF Transp. OF the City OF NEW York & the N.Y. State Dep't of Motor Vehicles
  858 F.2d 898· 2d Cir.· 1988-10-07 ·cited 6×·via Vagueness Challenge
  The court held that the plaintiffs' federal claims were barred by res judicata because they were in privity with the plaintiffs in a prior state court action that decided the same issues.
• Fla. Comm. for Liab. Reform v. McMillan
  682 F. Supp. 1536· M.D. Fla.· 1988-02-26 ·cited 6×·via Vagueness
  The court held that Florida Statute § 102.031(3) is unconstitutionally overbroad and granted a preliminary injunction against its enforcement.
• United States v. Lane
  834 F.2d 645· 7th Cir.· 1987-11-24 ·cited 6×·via Vagueness Challenge To Statute
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or other constitutional violations, and therefore, the denial of his habeas corpus petition was affirmed.
• Hotel & Rest. Emps. & Bartenders Int'l Union Local 54 & Frank Gerace v. Read
  832 F.2d 263· 3d Cir.· 1987-11-02 ·cited 6×
  The court held that the New Jersey Casino Control Act's registration and disqualification provisions do not violate the union's First or Fourteenth Amendment rights.
• United States v. McEVOY
  820 F.2d 1170· 11th Cir.· 1987-07-06 ·cited 6×
  The court held that there was sufficient evidence to support the convictions, the trial judge did not err in refusing a requested jury instruction, and the Trademark Counterfeiting Act is constitutional.
• Pursley v. City OF Fayetteville
  820 F.2d 951· 8th Cir.· 1987-06-10 ·cited 6×
  The dissenting judge believes the residential picketing ordinance is constitutionally valid and not facially overbroad.
• Walker v. State
  501 So. 2d 156· Fla. 1st DCA· 1987-01-23 ·cited 6×·via Void For Vagueness Doctrine
  Joseph Wayne Walker appeals his felony battery conviction under Florida Statute §231.06 for committing battery upon a school board employee. Walker challenges the statute as unconstitutional on equal protection and vagueness grounds, arguing it impermissibly classifies people int
• Lue Elbert Sullivan v. Blackburn
  804 F.2d 885· 5th Cir.· 1986-11-28 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the failure to instruct the jury on insanity did not violate due process, and the sentencing statute for second-degree murder was not unconstitutionally vague.
• State v. Deese
  495 So. 2d 286· Fla. 2d DCA· 1986-10-03 ·cited 6×
  Florida appeals the trial court's order striking down a statute regulating the use of red emergency lights on vehicles as unconstitutionally vague. The appellate court reverses, holding that the statute satisfies due process requirements because its terms are sufficiently clear w
• Jones v. Honorable David L. Wilkinson
  800 F.2d 989· 10th Cir.· 1986-09-08 ·cited 6×
  The court held that federal law preempts state regulation of cable television programming content, and that a party's ability to pay attorney's fees is not a special circumstance to deny an award under 42 U.S.C. § 1988.
• Wiley G. Clayton v. Honorable Ben C. Willis
  489 So. 2d 813· Fla. 5th DCA· 1986-05-29 ·cited 6×
  County Judge Wiley Clayton petitioned for a writ of prohibition to prevent trial on 23 misdemeanor counts and 2 felony counts in a 25-count indictment. The appellate court granted the writ as to the 23 misdemeanor counts, holding that the circuit court lacked subject matter juris
• City OF Paducah v. Inv. Ent., Inc.
  791 F.2d 463· 6th Cir.· 1986-05-28 ·cited 6×·via Vagueness
  The court held that the City waived its right to seek abstention by failing to actively pursue the issue. The procedural safeguards of the ordinance were deemed adequate.
• Nordgren v. Hafter
  789 F.2d 334· 5th Cir.· 1986-05-12 ·cited 6×
  The court held that federal courts lack subject matter jurisdiction over challenges to state court decisions in particular cases, even if alleging unconstitutionality, but do have jurisdiction over general challenges to state bar rules. The court affirmed the district court's gra