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

• Glendell Russ v. State
  832 So. 2d 901· Fla. 1st DCA· 2002-12-19
  Glendell Russ, a former city commissioner, was convicted of election code violations involving absentee ballots in a 1999 Quincy city commission race. The appellate court reversed his convictions and remanded for a new trial because the trial court reversibly erred by overruling
• State v. T.M.
  832 So. 2d 118· Fla. 2d DCA· 2002-08-16 ·via Vagueness
  A juvenile curfew ordinance that is broader in application than comparable ordinances and lacks statistical evidence demonstrating it is precisely tailored to address juvenile crime during curfew hours specifically fails strict scrutiny review and is unconstitutional.
• Medina v. State
  820 So. 2d 943· Fla.· 2002-05-30 ·via Void For Vagueness Doctrine
  The PRRP is constitutional, but whether it applies to burglary of an unoccupied dwelling must be reconsidered under the principles established in State v. Huggins.
• Rectory Park, L.C. v. City of Delray Beach
  208 F. Supp. 2d 1320· S.D. Fla.· 2002-05-07 ·via Vagueness Challenge
  The court held that the City of Delray Beach's conditional use zoning ordinance contains sufficiently clear and definite standards to withstand a vagueness challenge and that the plaintiffs have standing to bring their claims.
• Medina v. State
  813 So. 2d 103· Fla.· 2002-03-14 ·via Void For Vagueness Doctrine
  The Prison Releasee Reoffender Punishment Act cannot be applied to burglary of an unoccupied dwelling as determined by State v. Huggins, and the PRRP does not violate the Florida Constitution on single subject, separation of powers, cruel and unusual punishment, vagueness, due pr
• Verro Chambers v. State
  789 So. 2d 339· Fla.· 2001-06-28
  Florida Supreme Court affirmed the First District Court of Appeal's decision upholding Chambers' sentence under the Prison Releasee Reoffender Act, rejecting his constitutional challenges as previously resolved in prior cases.
• Chambers v. State
  789 So. 2d 336· Fla.· 2001-06-28
  Florida Supreme Court affirmed the First District Court of Appeal's affirmance of Chambers' sentence under the Prison Releasee Reoffender Act, rejecting challenges previously resolved in Grant, Cotton, McKnight, and Ellis.
• Culpepper v. State
  789 So. 2d 338· Fla.· 2001-06-28
  Florida Supreme Court affirmed the Third District Court of Appeal's affirmance of Culpepper's sentencing under the Prison Releasee Reoffender Act, rejecting constitutional challenges previously resolved in related cases.
• Taylor v. State
  788 So. 2d 951· Fla.· 2001-06-07
  Florida Supreme Court affirmed the First District Court of Appeal's decision upholding Taylor's sentencing under the Prison Releasee Reoffender Act, rejecting constitutional challenges including ex post facto, equal protection, double jeopardy, separation of powers, vagueness, an
• Rooney v. State
  788 So. 2d 248· Fla.· 2001-06-07 ·via Void For Vagueness Doctrine
  The court held that there is no constitutional right to plea bargain, and affirmed the sentence under the Prison Releasee Reoffender Act to the extent it was consistent with prior rulings.
• Oliver v. State
  788 So. 2d 247· Fla.· 2001-06-07 ·via Void For Vagueness Doctrine
• Ross v. City of Orlando
  141 F. Supp. 2d 1360· M.D. Fla.· 2001-06-04
  The court held that while the city ordinance was not facially vague, its application to the plaintiff's boat on a trailer constituted an erroneous interpretation, not a constitutional violation.
• Yates v. State
  787 So. 2d 832· Fla.· 2001-05-31 ·via Vagueness Of Statutes
  The court held that the appellant's challenges to his sentence under the Prison Releasee Reoffender Act had already been addressed by this Court in prior decisions.
• Smith v. State
  787 So. 2d 830· Fla.· 2001-05-31 ·via Void For Vagueness Doctrine
  Smith petitioned for review of his sentence under Florida's Prison Releasee Reoffender Act, challenging its constitutionality and application. The Florida Supreme Court affirmed the district court's decision, finding that all of Smith's challenges had been previously addressed an
• Hillyar v. State
  787 So. 2d 829· Fla.· 2001-05-31 ·via Void For Vagueness Doctrine
  The court approved the decision in Hillyar to the extent it is consistent with prior rulings on the Prison Releasee Reoffender Act.
• Taylor v. State
  787 So. 2d 833· Fla.· 2001-05-31 ·via Void For Vagueness Doctrine
  The court approves the district court's decision to the extent it is consistent with prior rulings on the Prison Releasee Reoffender Act.
• Adams v. State
  787 So. 2d 828· Fla.· 2001-05-31 ·via Void For Vagueness Doctrine
  The Florida Supreme Court reviewed Thomas Adams's challenge to his sentencing under the Prison Releasee Reoffender Act. The Court affirmed the appellate court's decision, finding that Adams's various constitutional challenges to the Act had all been previously addressed and rejec
• Williams v. State
  787 So. 2d 810· Fla.· 2001-05-24 ·via Void For Vagueness Doctrine
  The Court approves the district court's decision to the extent it is consistent with prior rulings on the Prison Releasee Reoffender Act.
• Alexander v. State
  786 So. 2d 1172· Fla.· 2001-05-17 ·via Vagueness
  The Florida Supreme Court reviews a district court's decision concerning a challenge to a sentence under the Prison Releasee Reoffender Act, approving the decision to the extent it aligns with prior precedent on the Act's constitutionality and application.
• Sturgis v. State
  781 So. 2d 1069· Fla.· 2001-02-15 ·via Void For Vagueness Doctrine
  Robert Sturgis challenged his fifteen-year sentence under Florida's Prison Releasee Reoffender Act on multiple constitutional grounds. The Florida Supreme Court affirmed the sentence, finding that all of Sturgis's challenges had been previously addressed and rejected in prior dec
• Baggett v. State
  779 So. 2d 267· Fla.· 2001-02-15 ·via Void For Vagueness Doctrine
  The Florida Supreme Court approved a Fifth District Court of Appeals decision upholding a life sentence imposed under the Prison Releasee Reoffender Act, rejecting multiple constitutional challenges to the statute including ex post facto, equal protection, separation of powers, d
• Clarke v. State
  777 So. 2d 971· Fla.· 2001-02-08 ·via Void For Vagueness Doctrine
  The Florida Supreme Court approved a First District decision affirming Fred Clarke's sentence under the Prison Releasee Reoffender Act, rejecting his constitutional challenges to the statute and his sentencing as a habitual violent felony offender. The Court held that previous de
• Oralia Baez v. State
  777 So. 2d 971· Fla.· 2001-02-08 ·via Void For Vagueness Doctrine
  Oralia Baez challenged her five-year prison sentence imposed under Florida's Prison Releasee Reoffender Act on constitutional grounds. The Florida Supreme Court affirmed the Fourth District Court of Appeal's decision, rejecting all of Baez's challenges to the Act based on prior p
• Mickey Palmieri v. State
  777 So. 2d 974· Fla.· 2001-02-08
  Florida Supreme Court approved the Second District Court of Appeal's decision upholding Palmieri's sentence under the Prison Releasee Reoffender Act, rejecting constitutional challenges previously resolved in Grant v. State and State v. Cotton.
• Wahill Saleh Hack v. State
  779 So. 2d 264· Fla.· 2001-02-01 ·via Void For Vagueness Doctrine
  The Florida Supreme Court approved the Fifth District Court of Appeal's decision in Hack v. State challenging a five-year prison sentence under the Prison Releasee Reoffender Act, to the extent that decision was consistent with the Court's concurrent decisions in Cotton, Ellis, M
• Cook v. State
  784 So. 2d 403· Fla.· 2001-02-01 ·via Vagueness
  The Florida Supreme Court approved the Fifth District Court of Appeal's decision in Cook v. State, which challenged the Prison Releasee Reoffender Act on multiple constitutional grounds. The Court held that all of Cook's challenges had been previously addressed and rejected in re
• Sanders v. State
  778 So. 2d 991· Fla.· 2001-02-01 ·via Void For Vagueness Doctrine
  The Florida Supreme Court reviewed Sanders' challenge to his concurrent life sentences imposed under the Prison Releasee Reoffender Act. The Court approved the Fifth District's affirmance, rejecting all of Sanders' constitutional challenges to the Act as previously resolved in pr
• Carter v. State
  778 So. 2d 972· Fla.· 2001-01-25 ·via Void For Vagueness Doctrine
  The Florida Supreme Court reviews Carter's sentence under the Prison Releasee Reoffender Act, resolving a conflict between the Fifth and Second District Courts of Appeal. The court affirms Carter's conviction and sentence, holding that the Act is constitutional and does not viola
• Miller v. State
  778 So. 2d 972· Fla.· 2001-01-25 ·via Vagueness Challenge
  The Florida Supreme Court approved the decision affirming Miller's concurrent thirty-year prison sentences imposed under the Prison Releasee Reoffender Act, finding that all of Miller's constitutional challenges had been previously addressed and rejected in related cases.
• Maxwell v. State
  778 So. 2d 973· Fla.· 2001-01-25 ·via Void For Vagueness Doctrine
  The Florida Supreme Court approved a district court's affirmation of Maxwell's fifteen-year prison sentence under the Prison Releasee Reoffender Act, resolving a conflict between district court decisions and clarifying that the Act does not violate constitutional protections rega
• Durden v. State
  777 So. 2d 416· Fla.· 2001-01-18 ·via Void For Vagueness Doctrine
  Brian Durden challenged his mandatory life sentence imposed under Florida's Prison Releasee Reoffender Act as violating the state constitution's separation of powers clause and other constitutional protections. The Florida Supreme Court affirmed the district court's decision and
• Murray v. State
  776 So. 2d 272· Fla.· 2001-01-11 ·via Void For Vagueness Doctrine
  The Florida Supreme Court approved a Fifth District Court of Appeal decision affirming a Prison Releasee Reoffender Act sentence, resolving a conflict with a Second District decision. The court held that previously decided constitutional and procedural challenges to the Act do no
• Aric A. Williams v. State
  776 So. 2d 269· Fla.· 2001-01-11 ·via Void For Vagueness Doctrine
  The Florida Supreme Court reviewed a Fifth District Court of Appeal decision upholding Williams' five-year prison sentence under the Prison Releasee Reoffender Act. The Court approved the lower court's decision to the extent it was consistent with the Court's precedent in Cotton,
• Lookadoo v. State
  776 So. 2d 270· Fla.· 2001-01-11 ·via Void For Vagueness Doctrine
  The Florida Supreme Court approved a district court decision affirming Lookadoo's life sentence under the Prison Releasee Reoffender Act, resolving a conflict between appellate decisions by establishing that the Act is constitutional and does not violate separation of powers, due
• State v. Pariya Darynani
  774 So. 2d 855· Fla. 4th DCA· 2000-12-27
  Florida prosecuted a switchblade knife vendor under section 790.225, which prohibits self-propelled knives that propel a blade as a projectile using springs, elastic material, or compressed gas. The trial court found the statute unconstitutionally vague, but the appellate court r
• Pickett v. State
  773 So. 2d 1257· Fla. 4th DCA· 2000-12-20 ·via Void For Vagueness Doctrine
  The court affirmed the defendant's convictions for felony driving while license suspended and driving with an expired license, rejecting his constitutional challenges to the statute.
• Venice Devon Wilson v. State
  769 So. 2d 1150· Fla. 5th DCA· 2000-11-09 ·via Void For Vagueness Doctrine
  In this Anders appeal, the Florida Fifth District Court of Appeal reviewed Venice Devon Wilson's drug convictions arising from a single March 1999 incident. The court affirmed convictions for trafficking in cocaine and possession of cocaine with intent to sell/deliver within 1,00
• Hobby v. State
  761 So. 2d 1234· Fla. 2d DCA· 2000-07-12 ·via Vagueness Of Statutes
  Kevin Hobby was convicted of selling drugs within 1,000 feet of a church under Florida Statute 893.13(1)(e), which enhances penalties for drug crimes near places of worship. Hobby challenged the statute as unconstitutionally vague, violative of due process and equal protection, a
• Commercial Clean-Up Enters., Inc. v. LEE Cnty.
  779 So. 2d 319· Fla. 2d DCA· 1999-09-10
  Commercial Clean-Up Enterprises challenged a Lee County waste hauling ordinance that restricted non-franchised haulers from removing construction debris from renovation sites but allowed them to remove debris from new construction sites. The trial court granted summary judgment f
• State v. Brown
  734 So. 2d 1187· Fla. 2d DCA· 1999-07-02 ·via Due Process Vagueness Challenge
  The State appeals a trial court's dismissal of a charge under Florida Statute section 322.34(6)(a) for driving without a license and causing death. The appellate court reverses, holding that the statute is not unconstitutionally vague because it clearly prohibits operating a moto
• State v. Boone
  733 So. 2d 1155· Fla. 1st DCA· 1999-06-25 ·via Constitutional Vagueness
  Florida's First District Court of Appeal reversed trial court orders dismissing criminal charges for alleged violations of Florida's constitutional net ban amendment, holding that the challenged constitutional provisions were not unconstitutionally vague.
• R.L.S. v. State
  732 So. 2d 39· Fla. 2d DCA· 1999-05-05 ·via Void For Vagueness Doctrine
  R.L.S., a juvenile, was adjudicated delinquent for assault and weapon possession on school property. The court affirmed the assault charge but reversed the weapon possession charge and remanded because the trial court lacked guidance from the Florida Supreme Court's L.B. decision
• Mason v. Florida Bar
  29 F. Supp. 2d 1329· M.D. Fla.· 1998-12-15 ·via Void For Vagueness Doctrine
  The Florida Bar's requirement that an attorney include a disclaimer when advertising a 'Highest Rating' from Martindale-Hubbell does not violate the attorney's First Amendment rights or the void-for-vagueness doctrine.
• Fla. Pharmacy Ass'n v. Cook
  17 F. Supp. 2d 1293· N.D. Fla.· 1998-09-04
  Three individual pharmacists and the Florida Pharmacy Association challenged Florida's implementation of a variable Medicaid reimbursement fee schedule for pharmacies, alleging violations of federal law. The district court held that most federal provisions cited by plaintiffs do
• Maguna-Celaya v. Haro
  19 F. Supp. 2d 1337· S.D. Fla.· 1998-08-28 ·via Void For Vagueness Doctrine
  The court held that the magistrate erred in certifying extradition because the evidence of torture and coerced statements, which obliterated probable cause, should have been fully considered.
• State v. McKNIGHT
  710 So. 2d 1029· Fla. 4th DCA· 1998-05-27 ·via Unconstitutional Vagueness
• Nylen v. State
  707 So. 2d 409· Fla. 2d DCA· 1998-03-18
  The court held that the statute making fleeing to elude a felony is not unconstitutionally vague, but reversed the imposition of certain costs due to the trial court's failure to pronounce them at sentencing.
• United States v. Vaghela
  970 F. Supp. 1018· M.D. Fla.· 1997-06-13
  The court held that the Medicare anti-kickback statute is not unconstitutionally vague as applied to the defendants' alleged conduct, even when charged as co-conspirators or aiders and abettors.
• State v. Muller
  693 So. 2d 976· Fla.· 1997-05-15
  The Florida Supreme Court reversed the District Court of Appeal's decision invalidating a DUI statute's vehicle impoundment provision as unconstitutionally vague. The Court held that section 316.193(6)(d) provides adequate notice to DUI defendants that their vehicles will be impo
• D.M.L. v. State
  694 So. 2d 782· Fla. 1st DCA· 1997-05-06 ·via Void For Vagueness Doctrine
  The court held that section 39.061, Florida Statutes, is not unconstitutionally vague and adequately proscribes escape from low-risk residential commitment facilities.