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

• Bedford v. State
  780 So. 2d 903· Fla.· 2001-02-15 ·cited 2×·via Void For Vagueness Doctrine
  The Florida Supreme Court approved the Fifth District Court of Appeal's decision upholding Gerald Bedford's sentence under the Prison Releasee Reoffender Act, rejecting his challenges to the Act's constitutionality and his eligibility for sentencing under its provisions.
• Fredrick Snell v. State
  777 So. 2d 972· Fla.· 2001-02-08 ·cited 2×·via Void For Vagueness Doctrine
• State v. McDEAVITT
  776 So. 2d 1086· Fla. 4th DCA· 2001-02-07 ·cited 2×
  Florida appeals the trial court's dismissal of child abuse charges against a school teacher, arguing that the trial court incorrectly held Florida's child abuse statute unconstitutional as overbroad and vague. The appellate court reverses, holding that the statute is constitution
• Turner v. State
  778 So. 2d 974· Fla.· 2001-01-25 ·cited 2×·via Void For Vagueness Doctrine
• Jenkins v. State
  791 So. 2d 1119· Fla. 4th DCA· 2000-12-06 ·cited 2×·via Vagueness Of Statutes
• Glover v. State
  771 So. 2d 1226· Fla. 2d DCA· 2000-11-01 ·cited 2×
• United States v. Ferguson
  142 F. Supp. 2d 1350· S.D. Fla.· 2000-07-07 ·cited 2×
  The court held that the defendant's motion to dismiss the superseding indictment based on the Sixth Amendment exception to the money laundering statute was premature, as the exception constitutes an affirmative defense to be determined at trial.
• Barge v. State
  763 So. 2d 1239· Fla. 1st DCA· 2000-06-08 ·cited 2×
  The court held that the Prison Releasee Reoffender Punishment Act does not violate the separation of powers, single subject provision, due process, equal protection, or constitute cruel and unusual punishment, nor does it violate Double Jeopardy protections.
• Terrill Lee Palmore v. State
  790 So. 2d 444· Fla. 1st DCA· 2000-05-17 ·cited 2×·via Void For Vagueness Doctrine
  Terrill Lee Palmore appealed his life sentence imposed under Florida's prison releasee reoffender statute, challenging it on constitutional grounds and contending the trial court improperly imposed dual sentences under both the prison releasee reoffender and violent career crimin
• Fla. State Conf. of NAACP Branches v. City of Daytona Beach
  54 F. Supp. 2d 1283· M.D. Fla.· 1999-04-08 ·cited 2×
  The court held that the Traffic Management Plan's provisions for bridge closures and pass issuance violated the First Amendment, Fourteenth Amendment Equal Protection Clause, and the Dormant Commerce Clause.
• State v. Conner
  717 So. 2d 179· Fla. 1st DCA· 1998-09-17 ·cited 2×
  The administrative rule is not unconstitutionally vague and the Marine Fisheries Commission did not exceed its rulemaking authority in adopting it.
• Bledsoe v. City of Jacksonville Beach
  20 F. Supp. 2d 1317· M.D. Fla.· 1998-06-25 ·cited 2×·via Vagueness
  The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
• Chad v. City of Ft. Lauderdale
  66 F. Supp. 2d 1242· N.D. Fla.· 1998-05-27 ·cited 2×·via Unconstitutional Vagueness
  The court held that Fort Lauderdale Rule 7.5(c), prohibiting soliciting, begging, or panhandling on the beach and adjacent sidewalk, is constitutional and not vague or overbroad.
• Hammett v. State
  700 So. 2d 21· Fla. 5th DCA· 1997-08-15 ·cited 2×·via Vagueness Of Statutes
• State v. Alecia
  692 So. 2d 263· Fla. 5th DCA· 1997-04-25 ·cited 2×
  The State of Florida appealed a trial court's judgment declaring section 843.08, Florida Statutes, unconstitutional as vague and overbroad. The statute prohibits falsely assuming or pretending to be a law enforcement officer and acting as such. The appellate court reversed, holdi
• State v. Shaw
  693 So. 2d 582· Fla. 2d DCA· 1997-02-12 ·cited 2×
• State v. Giamanco
  682 So. 2d 1193· Fla. 4th DCA· 1996-11-13 ·cited 2×·via Constitutional Vagueness
  The court held that section 550.235(2), Florida Statutes, is not unconstitutionally vague on its face or as applied, because it provides fair notice of forbidden conduct and the trial court applied the wrong legal standard.
• Mitro v. State
  681 So. 2d 303· Fla. 3d DCA· 1996-10-02 ·cited 2×·via Void For Vagueness Doctrine
  Ronald Mitro appealed his convictions under Florida Statute section 877.18, which criminalizes private vendors issuing identification cards containing age or date of birth without proper documentation. The court reversed his convictions, holding that section 877.18 is unconstitut
• Carmine Charles Falco v. State
  669 So. 2d 1053· Fla. 4th DCA· 1996-01-03 ·cited 2×
  The court held that the term 'custodial authority' in section 794.041(2) is not unconstitutionally vague because it has a commonly understood definition.
• Williams v. State
  658 So. 2d 665· Fla. 4th DCA· 1995-08-02 ·cited 2×·via Void For Vagueness Doctrine
  A defendant held in contempt for violating a domestic violence injunction may be prosecuted for a substantive offense stemming from the same conduct.
• Mastrangelo v. City of St. Petersburg
  890 F. Supp. 1025· M.D. Fla.· 1995-06-28 ·cited 2×
  The court held that federal courts should abstain from exercising jurisdiction over a case involving a state administrative proceeding when important state interests are involved and the state proceedings afford an adequate opportunity to raise constitutional issues, even if the
• Harris v. State
  649 So. 2d 923· Fla. 1st DCA· 1995-02-07 ·cited 2×·via Unconstitutional Vagueness
  Court reversed conviction for sale of cocaine within 200 feet of public housing facility because the statute's "public housing facility" provision is unconstitutionally vague, but affirmed conviction for simple possession of cocaine.
• Naturist Soc'y, Inc. v. Fillyaw
  858 F. Supp. 1559· S.D. Fla.· 1994-07-13 ·cited 2×
  The court held that the challenged park regulations were content-neutral time, place, and manner restrictions, narrowly tailored to serve significant government interests in preserving the park's natural environment and unique recreational experience.
• Gilbreath v. State
  629 So. 2d 962· Fla. 2d DCA· 1993-12-22 ·cited 2×·via Vagueness Of Statutes
  The court held that the statute prohibiting obscene or harassing telephone calls is constitutional as amended.
• M.H. v. State
  622 So. 2d 105· Fla. 3d DCA· 1993-07-27 ·cited 2×
  The term "public housing facility" in section 893.13(l)(i) is not unconstitutionally vague because it is an accepted phrase in English vocabulary that persons of average intelligence can comprehend.
• State v. Cuda
  622 So. 2d 502· Fla. 5th DCA· 1993-07-16 ·cited 2×
  Florida's exploitation statute criminalizing improper or illegal use of aged persons' funds was challenged as unconstitutionally vague. The court held that the word "improper" is unconstitutionally vague but "illegal" provides sufficient notice of prohibited conduct. The court se
• Elliott v. Adm'r, Animal & Plant Health Inspection Serv., United States Dep't OF Agric.
  990 F.2d 140· 4th Cir.· 1993-03-30 ·cited 2×
  The court held that the Secretary's interpretation of 'entering' under the Horse Protection Act was reasonable and consistent with Congressional intent, and that the Act was not unconstitutionally vague.
• Renetha C. Wyche v. State
  619 So. 2d 231· Fla.· 1993-03-25 ·cited 2×
  The Florida Supreme Court held that Tampa's loitering ordinance targeting persons suspected of prostitution is unconstitutional on its face because it is overbroad, vague, violates substantive due process, and imposes penalties exceeding those in comparable state statutes. The Co
• United States v. Franz
  818 F. Supp. 1478· M.D. Fla.· 1993-03-18 ·cited 2×·via Void For Vagueness Doctrine
  The court held that the superseding indictment was not subject to dismissal, finding the Analogue Act constitutional and its application to MDMA proper.
• United States v. Garrett A. Tansley
  986 F.2d 880· 5th Cir.· 1993-03-11 ·cited 2×·via Void For Vagueness Doctrine
  The court held that the calculations for offense levels in sentencing were proper and that the evidence was sufficient to support the convictions.
• United States v. Salisbury
  983 F.2d 1369· 6th Cir.· 1993-01-15 ·cited 2×·via Void For Vagueness Doctrine
  The court held that the indictment was unconstitutionally vague as applied to the defendant's conduct and that the jury instructions were confusing and misleading, constituting reversible error.
• Boyd Didrickson & Marina Katelnikoff Beck v. United States Dep't of the Interior
  982 F.2d 1332· 9th Cir.· 1992-12-28 ·cited 2×
  The court held that the Friends of the Sea Otter (FSO) have standing to appeal the district court's judgment, and that the FWS regulation excluding sea otter handicrafts from the MMPA exemption is invalid.
• State v. S.R.
  607 So. 2d 511· Fla. 5th DCA· 1992-11-13 ·cited 2×·via Vagueness Of Statutes
  The court held that a petition for delinquency alleging trespass on school grounds after warning was not defective for failing to specify the exact date of the warning.
• United States v. Akhil Mishra
  979 F.2d 301· 3d Cir.· 1992-10-29 ·cited 2×
  The court held that the Drug Paraphernalia Act (21 U.S.C. § 863) contains a scienter requirement and is not unconstitutionally vague.
• Brickner v. Voinovich
  977 F.2d 235· 6th Cir.· 1992-10-13 ·cited 2×·via Void For Vagueness Doctrine
  The court held that adequate state mechanisms existed to provide due process to the plaintiff, affirming the district court's judgment.
• Jones v. Caspari
  975 F.2d 460· 8th Cir.· 1992-09-11 ·cited 2×·via Void For Vagueness Doctrine
  The court held that the appellant failed to demonstrate cause and prejudice for his procedural defaults and that his claims of ineffective assistance of counsel and constitutional violations lacked merit.
• Turner v. Chicago Hous. Auth.
  969 F.2d 461· 7th Cir.· 1992-07-29 ·cited 2×·via Unconstitutional Vagueness
• Isaac v. Brave
  600 So. 2d 1258· Fla. 2d DCA· 1992-06-17 ·cited 2×·via Void For Vagueness Doctrine
  The court held that the transaction was a sale with a right of repurchase, not a loan, and the plaintiff's attempt to recover the property after 60 days was untimely under the statute.
• K-S Pharmacies, Inc. v. Am. Home Prods. Corp.
  962 F.2d 728· 7th Cir.· 1992-05-08 ·cited 2×
  Wisconsin's price discrimination statute for prescription drugs is constitutional as it applies only to in-state sales and is not unconstitutionally vague.
• Nat'l Advertising Co. v. City OF Raleigh
  947 F.2d 1158· 4th Cir.· 1991-10-25 ·cited 2×
  A cause of action for a regulatory taking accrues upon the ordinance's enactment, not upon the expiration of an amortization period, and the First Amendment claims are without merit.
• Jones v. Murray
  947 F.2d 1106· 4th Cir.· 1991-10-01 ·cited 2×·via Constitutional Vagueness
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the denial of the petition or the underlying state court judgment.
• Whiting v. Town OF Westerly & Mark Champlin
  942 F.2d 18· 1st Cir.· 1991-08-09 ·cited 2×
  The court held that the Westerly ordinances banning sleeping in public or in vehicles are not unconstitutionally overbroad or vague, and the differential enforcement procedure for nonresidents does not violate the Equal Protection Clause.
• Martin v. Occupational Safety & Health Review Comm'n
  941 F.2d 1051· 10th Cir.· 1991-08-05 ·cited 2×·via Vagueness Of Regulations
  The court held that the Secretary's interpretation of 29 C.F.R. § 1910.1029(g)(3) requiring corrective action for respirator fit after atmospheric testing is reasonable and that CF & I had fair notice of this interpretation, thus constituting a violation.
• Church of Scientology Flag Servs. Org., Inc. v. City of Clearwater
  756 F. Supp. 1498· M.D. Fla.· 1991-02-04 ·cited 2×
  The Court holds that Scientology has standing to sue and that Clearwater Ordinance 3479-84 is constitutional. The Court grants Scientology's motion for partial summary judgment on standing but denies it on other issues, while denying Clearwater's motion on standing but granting i
• United States v. Sorenson
  914 F.2d 173· 9th Cir.· 1990-09-12 ·cited 2×·via Void For Vagueness Doctrine
  The court held that the defendant's prior burglary convictions qualified for sentence enhancement under the Armed Career Criminal Act, and the special assessment was constitutional, affirming the district court's judgment.
• Wal-Juice BAR, Inc. v. Maher
  899 F.2d 1502· 6th Cir.· 1990-04-05 ·cited 2×
  A federal court must have a substantial federal question to exercise pendent jurisdiction over state law claims; otherwise, the complaint should be dismissed for lack of jurisdiction.
• The News-Journal Corp. v. The Honorable S. James Foxman
  559 So. 2d 1227· Fla. 5th DCA· 1990-03-30 ·cited 2×
  The court granted certiorari in part, striking two provisions from a trial court's restrictive order on extrajudicial statements: the phrase 'and all persons affiliated therewith' as impermissibly vague, and the provision extending the order through final determination in trial c
• Montgomery Nat'l Bank v. Clarke
  882 F.2d 87· 3d Cir.· 1989-08-16 ·cited 2×
  The court held that the "public interest" standard in N.J.S.A. § 17:9A-19(K) is not unconstitutionally vague and that the Comptroller's decision to approve a national bank's branch application was not arbitrary or capricious.
• Guardian Plans Inc. v. Teague
  870 F.2d 123· 4th Cir.· 1989-03-07 ·cited 2×
• United States v. Santoro
  866 F.2d 1538· 4th Cir.· 1989-01-31 ·cited 2×
  The court held that the property used for repeated drug sales is subject to civil forfeiture under 21 U.S.C. § 881(a)(7), and that the Santoro children, as beneficiaries of an express trust created by their parents' separation agreement, had standing to challenge the forfeiture o