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

• Valley Wood Preserving, Inc. v. Joash Paul
  785 F.2d 751· 9th Cir.· 1986-03-24 ·cited 6×
  The court held that the appellant's claims were barred by claim and issue preclusion doctrines due to prior administrative and judicial proceedings, and that the substantive claims were frivolous.
• United States v. Glen Murphree (85-5382)
  783 F.2d 605· 6th Cir.· 1986-02-04 ·cited 6×
  The court held that the trial court's jury instructions were adequate and that the Switchblade Knife Act was not unconstitutionally vague or overbroad. The court affirmed the convictions.
• The Great Am. Houseboat Co. v. The United States
  780 F.2d 741· 9th Cir.· 1986-01-09 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the Forest Service's regulations prohibiting commercial use of houseboats were not unconstitutionally vague as applied to GAHC's timeshare program, and the application of these regulations did not violate equal protection.
• Thernes v. City OF Lakeside Park
  779 F.2d 1187· 6th Cir.· 1986-01-06 ·cited 6×·via Vagueness Of Statutes
  The court held that the ordinance's absolute prohibition of radio antennas, while permitting television antennas, is arbitrary, capricious, and violates equal protection.
• Ricket v. United States
  773 F.2d 1214· 11th Cir.· 1985-10-15 ·cited 6×
  The court held that the taxpayer's appeal was frivolous and affirmed the district court's dismissal, awarding double costs and attorney's fees to the government.
• United States v. Arellanes
  767 F.2d 1353· 9th Cir.· 1985-08-07 ·cited 6×
  The court held that the defendant is entitled to an evidentiary hearing on his claim that his guilty plea was not voluntary due to a misunderstanding of the plea agreement, and that the special parole term provision of 21 U.S.C. § 841 is constitutional.
• Mears v. The Town OF Oxford
  762 F.2d 368· 4th Cir.· 1985-05-22 ·cited 6×
  The court held that the district court correctly dismissed the plaintiff's claims based on res judicata and failure to prosecute, affirming the dismissal of the entire complaint.
• Master Printers OF Am. v. Donovan
  751 F.2d 700· 4th Cir.· 1984-12-26 ·cited 6×
  The court held that Section 203(b) of the Labor-Management Reporting and Disclosure Act is constitutional and not impermissibly vague, and its disclosure requirements do not substantially burden the First Amendment rights of MPA.
• State v. Rash
  458 So. 2d 1201· Fla. 5th DCA· 1984-11-15 ·cited 6×
  The State of Florida appeals dismissals of loitering and prowling charges under Florida Statute § 856.021, arguing the statute is constitutional despite the appellees' reliance on Kolender v. Lawson. The Fifth District Court of Appeal reverses, holding that Florida's loitering st
• Dobbert v. Louie L. Wainwright
  742 F.2d 1274· 11th Cir.· 1984-09-06 ·cited 6×·via Void For Vagueness Doctrine
• Pringle v. Court OF Common Pleas
  744 F.2d 297· 3d Cir.· 1984-07-05 ·cited 6×·via Vagueness
  A federal court has jurisdiction to hear a habeas corpus petition challenging a state statute's constitutionality if the petitioner was in custody when the petition was filed, even if a state sentence appeal might later result in a non-custodial sentence.
• United States v. Hoover
  727 F.2d 387· 5th Cir.· 1984-03-05 ·cited 6×·via Vagueness Challenge To Statute
  The court held that the defendant failed to establish a prima facie case of selective prosecution, and therefore the district court did not err in refusing to dismiss the indictment.
• Estine Davis v. N. Shore Hosp.
  452 So. 2d 937· Fla. 3d DCA· 1983-10-11 ·cited 6×
  The trial court declared Section 768.56, Florida Statutes—which authorizes courts to award reasonable attorney's fees to the prevailing party in medical malpractice actions—unconstitutional on vagueness and equal protection grounds. The appellate court reversed, holding the statu
• Brown v. Alexander
  718 F.2d 1417· 6th Cir.· 1983-10-06 ·cited 6×
  The court held that subsections (5) and (7) of the Act, like subsection (6), offend the Equal Protection Clause by discriminating between unions based on associational rights and ideas, requiring strict scrutiny.
• Dep't OF Revenue v. Ford
  438 So. 2d 798· Fla.· 1983-09-08 ·cited 6×
  The Florida Supreme Court reviewed whether section 193.481, requiring separate assessment of subsurface mineral rights, was unconstitutionally applied to taxpayers in Volusia County. The Court held that the statute is constitutional and was properly applied, rejecting taxpayers'
• Joyner v. Mofford
  706 F.2d 1523· 9th Cir.· 1983-05-23 ·cited 6×
  Arizona's constitutional provision requiring state officials to resign before running for federal office in the final year of their term does not violate the U.S. Constitution's Qualifications Clause or the Equal Protection Clause.
• Weiler v. Cleo Carpenter
  695 F.2d 1348· 10th Cir.· 1982-12-15 ·cited 6×
  The court held that the City of Clovis's drug paraphernalia ordinance is constitutional, except for its forfeiture provision which lacks due process.
• State v. Bryce
  422 So. 2d 1069· Fla. 2d DCA· 1982-12-03 ·cited 6×
  The court held that section 849.25, Florida Statutes, is not unconstitutionally vague or violative of equal protection.
• Chicago Lock Co. v. Morris v. Fanberg and Victor Fanberg
  676 F.2d 400· 9th Cir.· 1982-05-06 ·cited 6×·via Vagueness Of Statutes
  The court held that the Fanbergs' acquisition and publication of key code correlations, obtained from locksmiths who reverse-engineered them, did not constitute the use of 'improper means' under trade secret law, and thus did not violate California's unfair business practice stat
• Turoso v. The Cleveland Mun. Court
  674 F.2d 486· 6th Cir.· 1982-02-04 ·cited 6×
  The dissenting judge argues that the majority's attempt to save the Ohio obscenity statute by reinterpreting it is unconstitutional and violates the First Amendment.
• Brown v. State
  406 So. 2d 1262· Fla. 4th DCA· 1981-12-09 ·cited 6×·via Unconstitutional Vagueness
  The court held that the probation condition 'Stay away from bars' was not unconstitutionally vague and related to rehabilitation and public protection.
• In re McGINLEY
  660 F.2d 481· C.C.P.A.· 1981-10-01 ·cited 6×·via Void For Vagueness Doctrine
  The dissenting judge believes the mark is not scandalous and the majority's reasoning is flawed.
• DOE v. DOE
  660 F.2d 101· 4th Cir.· 1981-09-21 ·cited 6×
  The court held that federal courts lack jurisdiction to entertain a petition for habeas corpus regarding child custody disputes between private parties, as such matters are reserved to the states.
• State v. Wagner
  403 So. 2d 1349· Fla. 5th DCA· 1981-09-09 ·cited 6×·via Vagueness Challenge To Statute
  Section 480.047, Florida Statutes prohibits falsely representing oneself as a licensed masseur, not the practice of massage itself. To prove a violation, the State must show that the defendant represented himself as administering massage for compensation, represented he was licen
• Meyer v. State
  402 So. 2d 527· Fla. 3d DCA· 1981-08-18 ·cited 6×·via Vagueness Of Statutes
  Dr. Carl Meyer, a veterinarian at Florida racetracks, challenged the Division of Pari-Mutuel Wagering's decision revoking his occupational license and imposing a $2,000 fine for administering Sublimaze to racehorses in violation of state regulations. The Florida appellate court a
• Wright v. Lane Cnty. Dist. Court
  647 F.2d 940· 9th Cir.· 1981-06-08 ·cited 6×
  The court held that the Oregon statute prohibiting the unauthorized practice of law is constitutional and not impermissibly vague or contradictory.
• Piepenburg v. Cutler
  649 F.2d 783· 10th Cir.· 1981-05-21 ·cited 6×
  The court held that the Utah obscenity statute was constitutional and that the trial court did not err in its procedures regarding preliminary hearings, jury challenges, or closing arguments.
• United States v. Tamargo
  637 F.2d 346· 5th Cir.· 1981-02-17 ·cited 6×·via Vagueness Challenge To Statute
  The court held that the statute governing misapplication of CETA funds (18 U.S.C. § 665(a)) is constitutional as applied, and the evidence was sufficient to support the convictions of the appellants for mail fraud, CETA misapplication, and making false statements.
• The Great Atl. & Pac. TEA Co. v. Wood
  380 So. 2d 558· Fla. 1st DCA· 1980-03-04 ·cited 6×·via Void For Vagueness Doctrine
  The court held that cost of living increases from federal social security benefits should not be included in computing the 80% wage limitation for offset against workers' compensation payments.
• Field v. Brown
  610 F.2d 981· D.C. Cir.· 1979-11-13 ·cited 6×
  The court held that the revised DD Form 1357 does not violate the Fifth Amendment privilege against self-incrimination and that the challenged statutes and procedures do not violate the Privacy Act or other constitutional provisions when no direct injury or immediate threat of in
• The Ladoga Canning Corp. v. Sydney H. McKENZIE, III
  370 So. 2d 1137· Fla.· 1979-05-03 ·cited 6×·via Vagueness
  The Florida Supreme Court held that civil injunctions restraining the sale of obscene materials must identify specific publications that have been judicially determined to be obscene before issuance, and cannot impose blanket prohibitions on unspecified "other materials" based me
• United States v. Eagan
  587 F.2d 338· 6th Cir.· 1978-11-30 ·cited 6×·via Void For Vagueness Doctrine
  The court held that 26 U.S.C. § 7203 is not void for vagueness and affirmed the conviction for willful failure to file tax returns.
• Gov't OF the Canal Zone v. Jose Castillo L. (Lopez)
  568 F.2d 405· 5th Cir.· 1978-02-24 ·cited 6×
  The court held that the Canal Zone vagrancy statute, when interpreted as prohibiting trespass, is not unconstitutionally vague and satisfies due process notice requirements.
• United States v. Markley
  567 F.2d 523· 1st Cir.· 1977-12-16 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the homemade devices, consisting of cardboard tubes with black powder and fuses, qualified as 'destructive devices' under 26 U.S.C. § 5845(f) and that the statute was not unconstitutionally vague. The jury instructions were adequate.
• Shevin v. Int'l Inventors, Inc.
  353 So. 2d 89· Fla.· 1977-12-08 ·cited 6×
  Chapter 501.136, Florida Statutes, regulating invention development services is unconstitutional in its entirety because it is unconstitutionally vague in failing to clearly define regulated activities, contains arbitrary and unreasonable classifications bearing no rational relat
• Bellamy v. State
  347 So. 2d 419· Fla.· 1977-06-02 ·cited 6×
  Sylvester Bellamy challenged the constitutionality of Florida's gambling house statute on vagueness and overbreadth grounds after his conviction for operating a gambling operation. The Florida Supreme Court upheld the statute as sufficiently clear, holding that the terms 'gaming'
• Riddle v. State
  345 So. 2d 1073· Fla.· 1977-05-05 ·cited 6×
  The court held that Florida's burglary statute is constitutional and not void for vagueness, despite the absence of an explicit prohibitory statement.
• Wald Corp. v. Metro. Dade Cnty.
  338 So. 2d 863· Fla. 3d DCA· 1976-10-12 ·cited 6×·via Vagueness Challenge
  Wald Corporation challenged Dade County's requirement that it dedicate canal rights-of-way and maintenance easements as a condition of subdivision plat approval. The court affirmed the dedication requirement, establishing a "rational nexus" test that balances municipal comprehens
• Hammond v. The Honorable Richard B. Adkisson
  536 F.2d 237· 8th Cir.· 1976-05-26 ·cited 6×
  The court held that the petitioner's conviction for abusive language violated the First Amendment because the state trial court failed to find that her words were 'fighting words' likely to provoke violent retaliation under the circumstances.
• Royal v. Superior Court OF NEW Hampshire
  531 F.2d 1084· 1st Cir.· 1976-03-12 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the petitioner was denied due process because he was charged and convicted under a statute that was unconstitutionally vague as applied to him.
• Avrech v. The Sec'y OF the Navy
  520 F.2d 100· D.C. Cir.· 1975-09-26 ·cited 6×·via Vagueness Of Statutes
  The dissenting judge argues that the conviction should be vacated because the court-martial instruction on the First Amendment rights was legally incorrect.
• Sheehan v. Scott
  520 F.2d 825· 7th Cir.· 1975-07-22 ·cited 6×
  The court held that the complaint failed to allege a substantial constitutional question, thus dismissal was proper.
• United States v. Bradberry
  517 F.2d 498· 7th Cir.· 1975-06-09 ·cited 6×·via Constitutional Vagueness
  The court held that the evidence was insufficient to prove the defendant conspired to affect a federal election, as required by 18 U.S.C. § 241.
• Connor v. Hutto
  516 F.2d 853· 8th Cir.· 1975-05-28 ·cited 6×·via Constitutional Vagueness
  A dismissal of a direct state criminal appeal by the Supreme Court for want of a substantial federal question is an actual adjudication that precludes subsequent federal habeas corpus relief and binds lower federal courts for three-judge court consideration.
• Daniel v. Waters
  515 F.2d 485· 6th Cir.· 1975-04-10 ·cited 6×
  The court held that the Tennessee statute requiring disclaimers for evolutionary theories while exempting biblical creation is facially unconstitutional as a violation of the Establishment Clause of the First Amendment.
• Eagle v. Andera
  508 F.2d 1293· 8th Cir.· 1975-01-08 ·cited 6×
  The court held that the contributing to delinquency statute was not unconstitutionally vague as applied to the appellants' conduct, but remanded the disorderly conduct statute for an evidentiary hearing on its construction.
• United States v. Willis
  505 F.2d 748· 9th Cir.· 1974-10-23 ·cited 6×·via Void For Vagueness Doctrine
  The court held that the appellant's answer to question 8b on the federal firearms form was false, as the crime he was convicted of was punishable by imprisonment for a term exceeding one year, regardless of the sentence actually imposed.
• Donald v. Hatch and Viola Hatch
  502 F.2d 1189· 10th Cir.· 1974-09-20 ·cited 6×
  The court held that claims regarding student hair length and the compulsory attendance statute were properly dismissed, but claims regarding denial of due process for expulsion without a hearing and violation of religious freedom were substantial and should not have been dismisse
• Swinney v. Royal J. Untreiner
  272 So. 2d 805· Fla.· 1973-01-22 ·cited 6×
  The Florida Supreme Court upheld the constitutionality of Section 23 of the Escambia County Civil Service Act, which prohibits classified civil service employees from engaging in political activities, while striking down Section 18 which imposed criminal penalties for violations.
• Erwin v. State
  262 So. 2d 677· Fla.· 1972-05-17 ·cited 6×
  The court held that Fla.Stat. § 317.781 is not unconstitutionally vague and the evidence supported the judgment against the appellant.