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
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The court held that the evidence was sufficient to support the convictions and that the RICO statute applied to the acquisition of a foreign corporation through criminal acts affecting U.S. commerce, and that the statute was not unconstitutionally vague.
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856 F.2d 1484·
11th Cir.·
1988-10-04
·cited 79×
The court affirmed the convictions, holding that there was sufficient evidence for aiding and abetting, the prosecutor's arguments were proper or invited error, and the sentencing provisions of the Anti-Drug Abuse Act were constitutional.
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Defendants in a medical malpractice action sought certiorari to overturn a trial court order declaring Florida's prefiling notice requirement for medical malpractice claims unconstitutional. The appellate court held the statute constitutional and that the prefiling notice is a ma
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The Florida Supreme Court upheld the constitutionality of Florida's massage licensing statute (Chapter 480) against vagueness and overbreadth challenges, finding it provided adequate notice of prohibited conduct. The court reversed the trial court's dismissal of charges under the
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The court held that the initial stop of the appellants' automobile was supported by reasonable suspicion and that the sentencing statute for crack cocaine offenses was not unconstitutionally vague.
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The Florida Supreme Court reversed the trial court's determination that Section 357.08, Florida Statutes (requiring railroads to place lighted fusees at highway crossings blocked during darkness) was unconstitutional. The Court held the statute is a valid exercise of the state's
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167 F.2d 241·
D.C. Cir.·
1948-03-18
·cited 78×
The convictions should be reversed on constitutional grounds because the House Committee's investigation abridges freedom of speech and inflicts punishment without trial, and the statute violates due process by providing no ascertainable standard of guilt.
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The court held that the admission of the ledger was proper for Stowe, Helmel, and Glick under the coconspirator rule, but reversed Paulsen's conviction due to insufficient independent evidence to support the admission of the ledger against him. The court also found that Stowe and
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755 F.2d 533·
7th Cir.·
1985-02-01
·cited 76×
The court affirmed the convictions, finding no reversible error in the denial of a continuance, the conviction on Count III, or the evidentiary rulings.
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365 So. 2d 157·
Fla.·
1978-11-22
·cited 76×
The Florida Supreme Court upheld the constitutionality of Florida's food stamp fraud statute against vagueness challenges, holding that the phrase "in any manner not authorized by law" provides sufficient notice by incorporating both state and federal food stamp regulations. The
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572 F.2d 619·
8th Cir.·
1978-02-28
·cited 76×
The court held that the evidence was sufficient to support the convictions for aiding and abetting the filing of false tax withholding forms, and that the defendants' speech, which went beyond mere advocacy and explained evasion methods, was not protected by the First Amendment.
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18 So. 3d 975·
Fla.·
2009-09-03
·cited 75×
The Florida Supreme Court reversed the Second District Court of Appeal's declaration that section 448.24(1)(b) was unconstitutionally vague, holding that the statute has a definite interpretation as established in Liner II.
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A trial court may sentence a defendant to a term in excess of the statutory maximum for an offense committed after October 1, 1998, if the lowest permissible sentence under the Criminal Punishment Code exceeds the statutory maximum.
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840 F.2d 886·
11th Cir.·
1988-03-25
·cited 75×
The court held that the defendant was not entitled to an entrapment instruction, the statutory definition of 'mixture' was not vague, but the sentence regarding post-confinement monitoring was improperly imposed due to timing of statutory amendments.
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The court held that the evidence was sufficient to support the convictions, that the district court did not err in admitting evidence or instructing the jury regarding civil banking statute violations, that the prosecutor's remarks were improper but not prejudicial, that the RICO
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718 F.2d 628·
4th Cir.·
1983-09-09
·cited 74×
The Multiemployer Pension Plan Amendments Act of 1980's retroactive withdrawal liability provisions are constitutional, but the denial of attorney's fees to the prevailing defendant was an error.
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The court held that the Dallas-Fort Worth Airport terminals are public forums and that the ordinance's permit system is unconstitutional due to lack of procedural safeguards and excessive discretion granted to officials.
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581 F.2d 595·
7th Cir.·
1978-07-12
·cited 74×
The court held that a defendant can be prosecuted under both the mail fraud and false statements statutes for the same conduct, that mail fraud indictments need not use exact statutory language, that false statements made to the government can support prosecution if knowingly mad
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529 F.2d 472·
5th Cir.·
1976-03-29
·cited 74×
The court held that the convictions for operating an illegal gambling business and conspiracy were constitutionally sound, supported by sufficient evidence, and that the statutes were properly interpreted and applied.
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A district court's order broadly prohibiting parties, their relatives, friends, and associates from discussing a case with the news media or public constitutes an unconstitutional prior restraint on First Amendment freedoms.
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415 F.2d 1077·
8th Cir.·
1969-08-28
·cited 74×
A federal court's review of student discipline under the Civil Rights Act requires a de novo trial on the merits of federal rights denial, not an "substantial evidence" review of the school's proceedings.
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Theresa Sieniarecki was convicted of neglect of a disabled adult under Florida Statute § 825.102(3) for failing to provide adequate care to her mother, who died from septicemia, malnutrition, and dehydration. The Florida Supreme Court upheld the statute against constitutional cha
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346 So. 2d 991·
Fla.·
1977-03-31
·cited 73×
Florida's Supreme Court held that Section 827.05, Florida Statutes—which criminalized negligent deprivation of children of necessary food, clothing, shelter, or medical treatment—was unconstitutionally vague and overbroad. The Court affirmed the trial court's dismissal of charges
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Wayne Zachary appealed his conviction for throwing a missile at a motor vehicle occupied by Robert Brostek, arguing that Florida Statute Section 790.19 was unconstitutionally vague. The Florida Supreme Court upheld the statute, finding that a person of ordinary intelligence would
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420 F.2d 868·
4th Cir.·
1970-01-08
·cited 73×
The court held that the GSA regulation prohibiting "unwarranted loitering or assembly" and "unseemly or disorderly conduct" on government property is constitutional, and that the statute delegating authority to promulgate such regulations is also constitutional. However, the conv
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801 F.2d 754·
5th Cir.·
1986-10-07
·cited 72×
The court held that the Armed Career Criminal Act creates a new offense, not a sentence enhancement, and therefore a defendant cannot be sentenced under it without being indicted for it. The court also held the Act is not unconstitutionally vague for lacking a maximum sentence.
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607 F.2d 92·
5th Cir.·
1979-11-19
·cited 72×
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87 Fla. 181·
Fla.·
1924-02-21
·cited 72×
Harlis Sellers was convicted in Jacksonville Municipal Court of driving under the influence in violation of a city ordinance and sentenced to 30 days imprisonment. On habeas corpus, the Florida Supreme Court upheld the conviction and sentence, rejecting constitutional challenges
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The Florida Supreme Court reversed a circuit court's decision striking down section 400.17(2)(a), which criminalizes the solicitation, offer, or receipt of bribes in connection with nursing home services. The Court held that the statute is not unconstitutionally vague because it
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The Florida Supreme Court upheld a trial court's permanent commitment of three children to the Division of Family Services for adoption, rejecting parents' constitutional challenge to the statute authorizing such commitments. The court held that the statute is not unconstitutiona
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The court affirmed the sentence, holding that the sentencing guideline proviso for applying a more serious offense level based on stipulated facts was not unconstitutionally vague and that the district court correctly applied the robbery guideline, determined the defendant 'other
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The court held that the evidence was sufficient to support the continuing criminal enterprise (CCE) conviction and the first Travel Act conviction, but not the second Travel Act conviction. The court also found no reversible error in evidentiary rulings or indictment defects.
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The court held that the Hobbs Act is not unconstitutionally vague as applied to elected officials soliciting funds under color of official right, and that the jury instructions were adequate.
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The court held that the statutes and regulations regarding currency transaction reporting were not unconstitutionally vague as applied and that structuring a transaction to avoid reporting requirements was unlawful.
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363 F.2d 62·
3d Cir.·
1966-07-18
·cited 70×
The court held that the evidence was sufficient to support convictions for conspiracy and substantive offenses under the Travel Act, and that certain testimony was admissible despite potential issues with illegal searches or detentions. The court reversed the conviction of one ap
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The court held that the zoning ordinance restricting adult theaters was an unconstitutional prior restraint on speech because it was not narrowly tailored to serve a substantial governmental interest and effectively banned such theaters from the city.
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The Eleventh Circuit affirmed the district court's denial of the appellants' motion to dismiss the indictment. The court held that the Analogue Act, 21 U.S.C. § 813, as applied to gamma-butyrolactone (GBL), was not unconstitutionally vague. The court found that GBL is a controlle
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596 F.2d 1361·
9th Cir.·
1979-04-05
·cited 68×
The court held that concurrent sentences for lesser included offenses do not create an issue of excessive cumulative punishment when merged into a continuing criminal enterprise conviction, and that the search warrant execution and the continuing criminal enterprise statute were
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The court affirmed the convictions, finding no merit in the appellants' numerous assignments of error regarding the indictment's sufficiency, grand jury proceedings, disclosure of evidence, witness immunity, continuance requests, and federal jurisdiction over false claims submitt
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262 So. 2d 431·
Fla.·
1972-02-14
·cited 68×
The Florida Supreme Court invalidated the state's abortion statutes (Fla.Stat. §§ 782.10 and 797.01) as unconstitutionally vague under the Fourteenth Amendment and Florida Constitution, holding that the phrase "necessary to preserve the life of such mother" fails to give fair not
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873 So. 2d 430·
Fla. 1st DCA·
2004-04-26
·cited 66×
Jeffrey Cashatt appealed his conviction under Florida's child solicitation statute (§ 847.0135(3)) after pleading nolo contendere to soliciting a minor over the Internet. The appellate court upheld the conviction, rejecting Cashatt's facial constitutional challenges and finding t
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772 F.2d 1348·
7th Cir.·
1985-09-05
·cited 66×
The court held that the misjoinder of Galvan's heroin charges with the other defendants' charges violated Rule 8(b) and was not harmless error, compelling a new trial for all appellants on all counts. The court also found the retaliation statute constitutional.
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627 F.2d 772·
7th Cir.·
1980-07-29
·cited 66×
The court held that certain provisions of the Illinois Abortion Law of 1975, particularly those related to informed consent and waiting periods, impose unconstitutional burdens on a woman's right to an abortion and are subject to strict scrutiny.
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376 So. 2d 230·
Fla.·
1979-03-29
·cited 66×
William Cobb, a police officer, was convicted of unnecessarily killing Donald Eldridge while attempting to arrest him for trespassing. The Florida Supreme Court upheld the conviction and affirmed the constitutional validity of section 782.11, which criminalizes unnecessary killin
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354 F.2d 192·
2d Cir.·
1965-12-10
·cited 66×
The court held that 18 U.S.C. § 201(f) is not unconstitutionally vague and that the jury instructions regarding intent were adequate.
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Carlos Granda challenged his conviction under 18 U.S.C. § 924(o) for conspiracy to possess a firearm in furtherance of a crime of violence or drug-trafficking crime, arguing that the jury instruction improperly included conspiracy to commit Hobbs Act robbery as a valid predicate
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958 F.2d 1515·
11th Cir.·
1992-04-22
·cited 65×
The Eleventh Circuit held that John D. MacArthur Beach State Park is a public forum, reversing the district court's classification of it as a non-public forum. The court found that the case remained justiciable despite amendments to the challenged regulations, preserving claims f
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448 F.2d 456·
5th Cir.·
1971-09-16
·cited 65×
The court held that recent Supreme Court decisions on federal intervention do not preclude federal consideration of First Amendment claims against municipal ordinances, especially when the challenge is to employment conditions and not a pending criminal prosecution.
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The Florida Supreme Court reviewed a district court decision invalidating Florida Statute 787.025, which criminalizes luring a child under twelve into a structure by persons with prior sexual offense convictions. The Court held the statute is not unconstitutionally vague or overb
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922 F.2d 756·
11th Cir.·
1991-01-30
·cited 64×
The court held that the Union's facial challenge to the City's employee speech policy was not justiciable because the Union failed to demonstrate a concrete or impending injury, making the case unripe for review.