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

• Bennett v. Walton Cnty.
  174 So. 3d 386· Fla. 1st DCA· 2015-06-22 ·cited 4×·via Vagueness Challenge
  The Bennetts challenged Walton County's enforcement of a zoning ordinance prohibiting non-residential uses in a Residential Preservation Area after the County cited them for operating a wedding venue business on their residential property. The appellate court affirmed summary jud
• Biller v. State
  109 So. 3d 1240· Fla. 5th DCA· 2013-03-28 ·cited 4×
  Mark Biller pleaded guilty to possession and transmission of child pornography after downloading explicit images via a peer-to-peer network. The Fifth District affirmed his possession convictions but reversed his transmission conviction, holding that the statute's requirement to
• Friends OF the Great S., Inc. v. City OF Hollywood
  964 So. 2d 827· Fla. 4th DCA· 2007-09-19 ·cited 4×·via Constitutional Vagueness
  Friends of the Great Southern challenged the constitutionality of a Hollywood land development code provision governing certificates of appropriateness for demolition of historic structures, arguing the criteria were unconstitutionally vague and vested unbridled discretion in the
• Munao v. State
  939 So. 2d 125· Fla. 4th DCA· 2006-09-01 ·cited 4×
  Edward Munao was convicted of child abuse and solicitation to commit aggravated battery for encouraging his six-year-old son to stab the child's mother. The Fourth District Court of Appeal reversed the child abuse conviction, holding that oral statements alone cannot support a co
• Gluhareff v. State
  888 So. 2d 733· Fla. 5th DCA· 2004-12-10 ·cited 4×
  Florida's aircraft-while-intoxicated statute is neither unconstitutionally vague nor preempted by federal law, and the conviction is affirmed.
• State v. Presidential Women's Ctr.
  884 So. 2d 526· Fla. 4th DCA· 2004-10-13 ·cited 4×·via Vagueness Of Statutes
  Florida's appellate court affirmed a trial court judgment striking down the state's abortion informed-consent statute (the "Women's Right to Know Act") as unconstitutional under the Florida Constitution's explicit right to privacy. The court found the statute impermissibly intrud
• Aguayo v. State
  789 So. 2d 337· Fla.· 2001-06-28 ·cited 4×·via Void For Vagueness Doctrine
  David Aguayo challenged his sentence under Florida's Prison Releasee Reoffender Act on multiple constitutional grounds. The Florida Supreme Court affirmed the district court's decision, finding that all of Aguayo's challenges had been previously rejected in controlling precedent
• State v. McCLELLAN
  765 So. 2d 807· Fla. 1st DCA· 2000-08-07 ·cited 4×·via Vagueness Challenge
• Blue Moon Enters., Inc. v. Pinellas Cnty. Dep't of Consumer Prot.
  97 F. Supp. 2d 1134· M.D. Fla.· 2000-05-10 ·cited 4×
  The court held that certain provisions of the Pinellas County Code governing adult entertainment establishments, specifically those requiring continuous monitoring of patrons and imposing vicarious liability without scienter, are unconstitutional.
• State v. Mark Marks, P.A.
  758 So. 2d 1131· Fla. 4th DCA· 2000-03-29 ·cited 4×·via Vagueness Of Statutes
  Florida appealed the dismissal of insurance fraud charges against a law firm and its associates after a trial judge engaged in extensive ex parte communications with prosecutors regarding the crime-fraud exception to attorney-client privilege. The appellate court affirmed the dis
• Armond Pasquale v. Fla. Elections Comm'n
  759 So. 2d 23· Fla. 4th DCA· 2000-03-22 ·cited 4×
  Armond Pasquale, treasurer for his wife's campaign for Stuart City Commission, was fined $500 by the Florida Elections Commission for failing to report in-kind contributions in the form of newsletter copies. The Fourth District Court of Appeal affirmed the fine for unreported new
• Leding v. State
  725 So. 2d 1221· Fla. 4th DCA· 1999-01-20 ·cited 4×·via Void For Vagueness Doctrine
  The court held that statements made by children to their father and an officer were admissible as excited utterances, and the statute prohibiting interference with custody was not void for vagueness.
• Keough v. State
  714 So. 2d 666· Fla. 5th DCA· 1998-07-31 ·cited 4×·via Constitutional Vagueness
  The court held that section 316.1935(2), Florida Statutes, is not unconstitutionally vague and does not deny due process.
• State v. Coyle
  718 So. 2d 218· Fla. 2d DCA· 1998-07-31 ·cited 4×
  The court held that section 798.02, Florida Statutes (1995), is not unconstitutionally vague because the terms 'lewd' and 'lascivious' have been defined in prior case law and are commonly understood.
• Benton v. State
  708 So. 2d 1002· Fla. 2d DCA· 1998-03-27 ·cited 4×·via Constitutional Vagueness
  Florida appellate court affirmed convictions for felony fleeing and reckless driving, rejecting constitutional vagueness and due process challenges to the high-speed vehicle chase law, but struck certain fines and probation conditions that lacked oral pronouncement.
• B.B. Nelson v. Dep't of Bus. & Prof'l Reg.
  707 So. 2d 378· Fla. 5th DCA· 1998-02-20 ·cited 4×
  B.B. Nelson, a licensed real estate broker, challenged administrative discipline imposed by the Florida Department of Business and Professional Regulation following his nolo contendere plea to battery and criminal mischief charges related to a political protest. The court reverse
• J.S. v. State
  691 So. 2d 20· Fla. 3d DCA· 1997-03-26 ·cited 4×
  Juvenile's adjudication for cannabis possession is affirmed because officer identification by appearance and odor is sufficient without chemical testing, but the special condition requiring him to stay away from "negative peers" is remanded as unconstitutionally vague.
• State v. Baal
  680 So. 2d 608· Fla. 2d DCA· 1996-10-02 ·cited 4×
  The court held that the circuit court erred in declaring the trespassing ordinance unconstitutional on the basis of vagueness, as the ordinance provides adequate notice and does not invite arbitrary enforcement.
• State v. Foster
  674 So. 2d 747· Fla. 1st DCA· 1996-02-28 ·cited 4×
  The State of Florida appealed dismissals of unauthorized practice of law charges against Scott and Martha Foster, paralegals who questioned witnesses in depositions. The appellate court reversed, holding that depositions constitute the practice of law, that Florida's unauthorized
• Varney v. State
  659 So. 2d 234· Fla.· 1995-04-27 ·cited 4×·via Vagueness
• Gilbert v. State
  659 So. 2d 233· Fla.· 1995-04-27 ·cited 4×·via Vagueness
• Ledford v. State
  652 So. 2d 1254· Fla. 2d DCA· 1995-04-07 ·cited 4×
  Wayne Ledford challenged a St. Petersburg ordinance prohibiting begging for money on public ways as unconstitutional. The appellate court held the ordinance violated the First Amendment because it was overbroad, failed to distinguish between aggressive and passive begging, and wa
• State v. Mitchell
  652 So. 2d 473· Fla. 2d DCA· 1995-03-24 ·cited 4×·via Void For Vagueness Doctrine
  The State of Florida appealed a trial court order dismissing charges against Mitchell for discharging destructive devices and declaring related statutes unconstitutional. The appellate court reversed in part and affirmed in part, holding that the statutes are not void for vaguene
• State v. Bley
  652 So. 2d 1159· Fla. 2d DCA· 1995-03-01 ·cited 4×
  The court held that section 827.04(2), Florida Statutes (1993), is not impermissibly vague, despite the lack of a specific definition for 'physical injury'.
• Huffine v. State
  648 So. 2d 783· Fla. 2d DCA· 1994-12-21 ·cited 4×
  The court held that section 784.048, Florida Statutes (Supp. 1992), the stalking statute, is facially constitutional.
• Perez v. State
  648 So. 2d 784· Fla. 2d DCA· 1994-12-21 ·cited 4×
  The court held that the stalking statute is facially constitutional. The court certified a question of great public importance regarding its constitutionality.
• Davis v. State
  648 So. 2d 107· Fla.· 1994-11-10 ·cited 4×·via Constitutional Vagueness
  Henry Davis appeals his death sentence imposed after resentencing following this Court's vacation of his original sentence due to improper consideration of certain aggravating factors. The Court affirms the death sentence, holding that the trial court properly reweighed the remai
• Richards v. State
  643 So. 2d 89· Fla. 3d DCA· 1994-10-05 ·cited 4×·via Void For Vagueness Doctrine
  Bryan Richards appealed his convictions for aggravated and simple battery enhanced under Florida's Hate Crimes Enhancement Statute after the district court initially reversed on void-for-vagueness grounds. The Florida Supreme Court reversed the district court's decision and uphel
• Salinas v. Mason
  627 So. 2d 525· Fla. 2d DCA· 1993-10-15 ·cited 4×
• United States v. Crozier
  987 F.2d 893· 2d Cir.· 1993-03-01 ·cited 4×·via Void For Vagueness Doctrine
  The court held that 18 U.S.C. § 666(c) prohibits both bribery and gratuities, and that the statute was not void for vagueness as applied. The court also affirmed the sufficiency of evidence for the false tax return conviction and rejected the government's cross-appeal for sentenc
• Wirt v. Cent. Life Assurance
  613 So. 2d 478· Fla. 2d DCA· 1992-11-13 ·cited 4×·via Unconstitutional Vagueness
  Wirt challenged the dismissal of his fraud and civil RICO claims against an insurance company and its agent. The Florida appellate court reversed, holding that fraudulent concealment can toll the statute of limitations and that the civil RICO provisions are not unconstitutionally
• Sojourner T v. Edwards
  974 F.2d 27· 5th Cir.· 1992-09-22 ·cited 4×·via Void For Vagueness Doctrine
  The court affirmed the lower court's decision based on the precedent set by Planned Parenthood v. Casey.
• United States v. Elic L. Gilliam
  975 F.2d 1050· 4th Cir.· 1992-09-17 ·cited 4×·via Void For Vagueness Doctrine
  The court held that the district court was not required to conduct a Rule 44(c) hearing at sentencing when the alleged conflict arose at trial and was not known or reasonably knowable by the court at that time.
• United States v. Walton Aucoin
  964 F.2d 1492· 5th Cir.· 1992-06-22 ·cited 4×·via Void For Vagueness Doctrine
  The court held that the appellants' convictions under 18 U.S.C. § 1955 and 18 U.S.C. § 1962(c) were valid and did not violate the Double Jeopardy Clause, and that the district court properly applied the crime-fraud exception to the attorney-client privilege.
• Drain v. State
  601 So. 2d 256· Fla. 5th DCA· 1992-05-29 ·cited 4×·via Void For Vagueness Doctrine
  James Drain was charged with possessing an imitation controlled substance (wax) with intent to distribute under Florida Statute § 817.564. The Fifth District Court of Appeal reversed the denial of his motion to dismiss, holding that the charging information failed to allege essen
• Geter v. State
  598 So. 2d 236· Fla. 1st DCA· 1992-05-08 ·cited 4×·via Void For Vagueness Doctrine
  The court held that the appellant failed to demonstrate the habitual offender statute is unconstitutional as applied, affirming the trial court's decision.
• Filippo v. Bongiovanni
  961 F.2d 1125· 3d Cir.· 1992-04-22 ·cited 4×·via Void For Vagueness Doctrine
  The court held that the University's dismissal regulations, absent incorporation of the AAUP Statement on Professional Ethics, were void for vagueness and did not provide adequate notice that the charged conduct could lead to dismissal.
• Webb v. Dep't of Prof'l Reg.
  595 So. 2d 1103· Fla. 5th DCA· 1992-03-27 ·cited 4×
  The court held that the engineer's actions, while a contract dispute, did not constitute 'misconduct' under the statute.
• Duke v. Smith
  784 F. Supp. 865· S.D. Fla.· 1992-01-30 ·cited 4×
  The court held that the actions of the Presidential Candidate Selection Committee, despite its statutory creation, were not state actions, and thus plaintiffs failed to establish a claim under 42 U.S.C. § 1983.
• State v. Griffith Thurston
  591 So. 2d 998· Fla. 3d DCA· 1991-12-17 ·cited 4×
  The appellate court affirmed a lower court's decision that Florida's Litter Law was unconstitutionally overbroad as applied to motor vehicles. The court found the statute gave unfettered discretion to law enforcement regarding the placement of vehicles on rights-of-way.
• Carey Dean Moore v. Clarke
  951 F.2d 895· 8th Cir.· 1991-12-12 ·cited 4×
  The court denied rehearing, with a dissenting judge arguing the Nebraska Supreme Court provided sufficient guidance to prevent arbitrary imposition of the death penalty.
• United States v. Marquardt
  949 F.2d 283· 9th Cir.· 1991-11-13 ·cited 4×·via Void For Vagueness Doctrine
  The court held that a district court's conclusory finding of a defendant's failure to accept responsibility is sufficient when there are no disputed factual issues, and that the term 'prepubescent' in the Sentencing Guidelines is not unconstitutionally vague as applied.
• Abell v. Potomac Ins. Co. OF Ill.
  946 F.2d 1160· 5th Cir.· 1991-11-13 ·cited 4×·via Constitutional Vagueness
  The court held that the RICO statute is not unconstitutionally vague as applied to the defendant's conduct and that the attorneys' fees award was properly adjusted.
• S & S Pawn Shop Inc. v. City OF DEL City
  947 F.2d 432· 10th Cir.· 1991-10-09 ·cited 4×·via Vagueness Challenge
  The court held that the district court erred in granting summary judgment on the constitutionality of the warrantless inspection statute as applied to the appellant, and correctly abstained from deciding the constitutionality of the other statute.
• Cooper v. State
  585 So. 2d 489· Fla. 5th DCA· 1991-09-12 ·cited 4×·via Vagueness Of Statutes
  Dennis Cooper was convicted of possessing motor vehicles with removed visible vehicle identification numbers. The court affirmed, holding that a statute prohibiting possession of vehicles with removed identification numbers applies to removal of the visible VIN even if a conceale
• Dial Info. Servs. Corp. OF NEW York v. Thornburgh
  938 F.2d 1535· 2d Cir.· 1991-07-15 ·cited 4×·via Vagueness Challenge
  The court held that the Helms Amendment's definition of 'indecent' is not void for vagueness, that presubscription is a sufficiently tailored means to protect minors, and that the statute does not constitute an unconstitutional prior restraint.
• Samuel Eubanks, M.D. v. Wilkinson
  937 F.2d 1118· 6th Cir.· 1991-07-03 ·cited 4×
  The district court did not err in severing unconstitutional provisions of Kentucky's parental consent statute, as these provisions were not essential to the statute's overall purpose.
• United States v. LEE
  937 F.2d 1388· 9th Cir.· 1991-06-28 ·cited 4×
  The Ninth Circuit held that the Lacey Act's prohibition on importing fish taken in violation of foreign law applies to foreign regulations, not just statutes, and that the Act does not unconstitutionally delegate legislative power or suffer from vagueness. It also affirmed that m
• Action FOR Children's Television v. Fed. Commc'ns Comm'n & United States
  932 F.2d 1504· D.C. Cir.· 1991-05-17 ·cited 4×
  A total ban on broadcast indecency is unconstitutional, and Congress cannot compel the FCC to implement such a ban, requiring the FCC to establish a safe harbor period for indecent broadcasts.
• United States v. Clinical Leasing Serv., Inc.
  930 F.2d 394· 5th Cir.· 1991-04-17 ·cited 4×
  The court held that the federal registration provisions for dispensing controlled substances are not unconstitutionally vague, and the defendants' conduct fell within their scope.