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

• Hrynda v. United States
  933 F. Supp. 1047· M.D. Fla.· 1996-07-05
  The court held that the plaintiff's discharge under the 'Old Policy' for admitting homosexual orientation and conduct was constitutionally permissible and did not violate her First or Fifth Amendment rights.
• Univ. Books & Videos, Inc. v. Metro. Dade Cnty.
  844 F. Supp. 758· S.D. Fla.· 1996-07-03
  The court held that abstention doctrines were inapplicable and denied plaintiffs' motions to remand.
• Wahnetta Joanne Shetler v. State
  681 So. 2d 730· Fla. 2d DCA· 1996-05-24 ·via Vagueness
  Wahnetta Shetler was arrested for violating a Polk County ordinance prohibiting public nudity while wearing a T-back bathing suit while selling hot dogs. The court upheld the ordinance, holding that the conduct was subject to governmental regulation and did not receive significan
• Hialeah, Inc. v. Fla. Horsemen's Benevolent & Protective Ass'n
  899 F. Supp. 616· S.D. Fla.· 1995-08-25
  The court denied defendants' motion to dismiss the plaintiff's antitrust and constitutional claims, finding sufficient allegations of harm to competition and that the IHA's constitutionality as applied was not precluded by a sister circuit's ruling. The court granted plaintiff's
• Huffine v. State
  655 So. 2d 103· Fla.· 1995-05-18
• State v. Gonzalez
  651 So. 2d 185· Fla. 2d DCA· 1995-02-22
  The court held that Florida's Stalking Statute, section 784.048, Florida Statutes (Supp.1992), is facially constitutional.
• S.W.M. v. State
  647 So. 2d 313· Fla. 2d DCA· 1994-12-16
  S.W.M., a juvenile, was charged with escape under a repealed statute (section 39.112) after its replacement statute (section 39.061) was found unconstitutional. The court affirmed the adjudication of delinquency, holding that the unconstitutional repeal provision was void and the
• State v. Sailer
  645 So. 2d 1114· Fla. 3d DCA· 1994-12-07 ·via Vagueness Of Statutes
  The court held that the statute prohibiting a notary public from falsely or fraudulently taking an acknowledgment is not unconstitutionally vague.
• Kirkland v. State
  647 So. 2d 142· Fla. 1st DCA· 1994-05-05 ·via Vagueness Challenge To Statute
  Verbal threats made while completely immobilized by restraints constitute insufficient evidence of resisting an officer with violence under Florida Statutes § 843.01 because the defendant lacked the capacity to achieve the threatened result.
• Saun Reeves v. State
  631 So. 2d 374· Fla. 1st DCA· 1994-02-11 ·via Constitutional Vagueness
  Florida's Hate Crimes Statute (section 775.085) is constitutional and does not violate the Free Speech or Due Process Clauses; affirming conviction for shooting into an occupied building with hate crime enhancement.
• Prieto v. Storer Commc'ns, Inc.
  133 F.R.D. 531· M.D. Fla.· 1994-01-26
• Torres v. State
  627 So. 2d 120· Fla. 1st DCA· 1993-12-03 ·via Vagueness
  Court affirmed probation revocation but remanded for credit for pre-violation prison time on one count, and rejected constitutional challenges to habitual felony offender sentencing statute.
• Gordon v. Miriam Freeman for the children
  625 So. 2d 1245· Fla. 3d DCA· 1993-09-07 ·via Constitutional Vagueness
  The court held that the parents' constitutional vagueness challenge was not preserved for appeal and that the statute was sufficiently specific when read in conjunction with another statutory definition.
• United States v. Strauss
  999 F.2d 692· 2d Cir.· 1993-07-29
  The court held that there was sufficient evidence to convict the defendants of conspiring to misbrand and adulterate dog food, and that the statute was not unconstitutionally vague as applied to them. The court also found no plain error in the admission of testimony regarding the
• United States v. Gerber
  999 F.2d 1112· 7th Cir.· 1993-07-20
  The Archaeological Resources Protection Act's criminal provision applies to artifacts removed from any land, not just federal or Indian lands, provided the removal violated state or local law related to the protection of archaeological resources.
• United States v. Whittaker
  999 F.2d 38· 2d Cir.· 1993-07-09
  The court held that the amended Sentencing Guideline was properly applied because the offense of being found in the United States was ongoing and completed at the time of arrest, not solely at the time of illegal entry. The statute was not unconstitutionally vague, and the distri
• United States v. McINTYRE
  997 F.2d 687· 10th Cir.· 1993-06-07 ·via Void For Vagueness Doctrine
  The court affirmed the defendant's conviction, holding that the district court did not abuse its discretion in its evidentiary rulings or its decision regarding juror qualification, and that the admission of certain documents, while potentially erroneous, did not constitute plain
• DeMont R.D. Conner v. Sakai
  994 F.2d 1408· 9th Cir.· 1993-06-02 ·via Void For Vagueness Doctrine
  The court held that a prisoner's due process rights may be violated by disciplinary segregation imposed without adequate notice or opportunity to call witnesses, and by punishment for praying in Arabic under an overly broad English-only rule. Qualified immunity may not apply if a
• Nuris Jimenez v. Dep't OF Health & Rehabilitative Servs.
  619 So. 2d 405· Fla. 3d DCA· 1993-06-01 ·via Vagueness and Indefiniteness
• E.L. v. State
  619 So. 2d 252· Fla.· 1993-03-25
  The Florida Supreme Court invalidated a Sanford ordinance prohibiting loitering for the purpose of engaging in drug-related activity, finding it unconstitutionally vague, overbroad, and violative of substantive due process. Following its reasoning in the companion case Wyche v. S
• State v. Sweet
  616 So. 2d 114· Fla. 2d DCA· 1993-03-24
  The Florida District Court of Appeal reversed a county court's dismissal of charges under Florida's "disturbing a religious assembly" statute (§ 871.01), holding that the statute is not facially unconstitutional or unconstitutionally vague despite a church schism and police prese
• United States v. Sandsness
  988 F.2d 970· 9th Cir.· 1993-03-10
  The court held that the statute prohibiting the sale of drug paraphernalia was neither unconstitutionally vague on its face nor as applied to the defendant's sentence enhancement for managerial status.
• State v. McCARTHY
  615 So. 2d 784· Fla. 2d DCA· 1993-03-10 ·via Void For Vagueness Doctrine
  The state appealed the trial court's dismissal of a charge under Florida's business opportunity seller statute, which prohibits misrepresenting prospects for success. The appellate court affirmed, holding that the statute is unconstitutionally vague and overbroad because it fails
• United States v. ARCH Trading Co.
  987 F.2d 1087· 4th Cir.· 1993-02-26
  The court held that violations of executive orders authorized by the International Emergency Economic Powers Act (IEEPA) constitute an 'offense' under 18 U.S.C. § 371, and that the IEEPA's delegation of authority to the President is constitutional.
• United States v. Cochrane
  985 F.2d 1027· 9th Cir.· 1993-02-16 ·via Void For Vagueness Doctrine
  The court affirmed the conviction, holding that the defendant did not receive ineffective assistance of counsel and that the statute and indictment were not unconstitutionally vague.
• United States v. McLAMB
  985 F.2d 1284· 4th Cir.· 1993-02-10 ·via Void For Vagueness Doctrine
  The court affirmed the convictions, holding that the evidence was sufficient to support the structuring and money laundering charges, the jury instructions were not plainly erroneous, and the statute was constitutional as applied.
• Reed v. United States
  985 F.2d 880· 7th Cir.· 1993-02-01 ·via Vagueness Challenge
  The court affirmed the denial of the motion to vacate sentence because the defendant failed to establish cause for his procedural default in raising issues on direct appeal.
• United States v. Ellowood Eugene Bennett
  984 F.2d 597· 4th Cir.· 1993-01-19 ·via Vagueness Challenge To Statute
  The court affirmed the convictions, holding that RICO's "pattern of racketeering" requirement was not unconstitutionally vague as applied to the appellants' conduct and that sufficient evidence supported Eugene Bennett's conviction for arson resulting in death.
• Wolfel v. Morris
  972 F.2d 712· 6th Cir.· 1992-08-18
  The court held that prison officials are entitled to qualified immunity for actions taken under a regulation later found unconstitutionally vague as applied, and that enhancement of attorney fees for contingency is not permitted under 42 U.S.C. § 1988.
• United States v. McAUSLAND
  979 F.2d 970· 4th Cir.· 1992-08-14 ·via Vagueness Challenge To Statute
  The court held that the statute 18 U.S.C. § 641 was not unconstitutionally vague as applied to the defendants' conduct, and that publicity surrounding a related guilty plea did not warrant a mistrial.
• Becker v. A.L. Lockhart
  971 F.2d 172· 8th Cir.· 1992-08-03 ·via Constitutional Vagueness
  The court held that the evidence was insufficient to prove that the defendant used physical force to resist apprehension immediately after a misdemeanor theft, entitling him to habeas relief.
• Video Software Dealers Ass'n v. Webster
  968 F.2d 684· 8th Cir.· 1992-07-01
  The statute is facially unconstitutional because it is not narrowly tailored to serve a compelling state interest, is unconstitutionally vague, and imposes strict liability, thereby violating the First Amendment.
• United States v. DeBOER
  966 F.2d 1066· 6th Cir.· 1992-06-09 ·via Void For Vagueness Doctrine
  The court held that the defendant's conviction for conspiracy to distribute a controlled substance was supported by sufficient evidence and that the trial court did not commit reversible error in its jury instructions or evidentiary rulings.
• Cary R. Ortberg v. Russel Moody
  961 F.2d 135· 9th Cir.· 1992-04-03 ·via Vagueness
  A request for a Certificate of Probable Cause can serve as a notice of appeal, and a nolo contendere plea bars challenges to pre-plea constitutional violations not related to the plea's voluntariness.
• Pilsen Neighbors Cmty. Council & Nat'l Consumers Found. v. Netsch
  960 F.2d 676· 7th Cir.· 1992-04-03 ·via Void For Vagueness Doctrine
  The court held that the Illinois Voluntary Payroll Deductions Act is not unconstitutionally vague and does not violate the First Amendment, as the state employee charitable solicitation drive constitutes a non-public forum with reasonable and viewpoint-neutral restrictions.
• Bullfrog Films, Inc. v. Wick
  959 F.2d 778· 9th Cir.· 1992-03-12
  The court dismissed the appeal as moot regarding three issues due to new legislation and remanded for vacatur of prior judgments, while declining to rule on a fourth issue pending district court reconsideration.
• United States v. True
  946 F.2d 682· 9th Cir.· 1991-10-07 ·via Void For Vagueness Doctrine
  The dissenting judge would affirm the district court's judgment, finding the closure order enforceable despite the modifying note.
• United States v. Mosti
  936 F.2d 425· 9th Cir.· 1991-06-13 ·via Unconstitutional Vagueness
  The weight of the carrier medium for LSD must be included when determining the offense level for sentencing.
• United States v. LEE
  935 F.2d 952· 8th Cir.· 1991-06-10
  The dissenting judge would reverse the conviction on Count I, finding the statute as applied to the expressive conduct was not narrowly tailored to serve a compelling government interest and infringed upon First Amendment protections.
• Johnson v. John Deere Co.
  935 F.2d 151· 8th Cir.· 1991-06-05 ·via Void For Vagueness Doctrine
  The court held that North Dakota's statute barring recovery for product alterations that substantially contribute to injury applies to negligence claims and is not unconstitutionally vague or a violation of equal protection.
• Hatter v. Iowa Men's Reformatory
  932 F.2d 701· 8th Cir.· 1991-05-01 ·via Vagueness Challenge To Statute
  The court held that the Iowa kidnapping statute was not unconstitutionally vague as applied, the kidnapping was not incidental to the sexual abuse, the confession was admissible for impeachment, and the life sentence was not disproportionate.
• United States v. Argo
  925 F.2d 1133· 9th Cir.· 1991-02-04 ·via Void For Vagueness Doctrine
  The court held that applying the Supreme Court's decision in Taylor v. United States retroactively was not unfair and did not violate the plea agreement, rejecting the defendant's constitutional challenges.
• United States v. Chaidez
  916 F.2d 563· 9th Cir.· 1990-10-12 ·via Vagueness Challenge
  The court held that the defendant's conspiracy offense qualified as a 'drug trafficking crime' under the pre-amendment definition of 18 U.S.C. § 924(c)(2), and that the statute's mandatory minimum sentence provision does not violate the separation of powers.
• BIG Bear Super Mkt. NO. 3 v. Immigr. & Naturalization Serv.
  913 F.2d 754· 9th Cir.· 1990-09-06 ·via Void For Vagueness Doctrine
  The court held that employers have a continuing duty to prepare and maintain employment verification forms (I-9s) for all employees, and failure to do so constitutes a violation even after receiving a citation for prior non-compliance.
• Planned Parenthood OF Minnesota v. The State OF Minn.
  910 F.2d 479· 8th Cir.· 1990-08-02
  The Minnesota fetal disposition law is constitutional, not unconstitutionally vague, and does not infringe on a woman's right to an abortion.
• Buckley v. Collins
  904 F.2d 263· 5th Cir.· 1990-06-27 ·via Void For Vagueness Doctrine
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, that the Texas rape statute was constitutional, and that the jury instructions were not fundamentally erroneous.
• Daiva Richardson and Ronnie Richardson v. City OF S. Euclid
  904 F.2d 1050· 6th Cir.· 1990-06-11
  The majority erred by requiring proof of separate property or liberty interests beyond the deprivation caused by an unconstitutionally vague ordinance, which itself violates due process.
• Rubin C. McGAHEE v. State
  561 So. 2d 333· Fla. 1st DCA· 1990-04-18 ·via Vagueness Of Statutes
  Rubin McGahee was convicted of rape of a female child under age 10 based on oral sexual contact in 1971-1972. The court reversed his conviction, holding that the oral copulation conduct was not punishable as rape under the rape statute as it existed in 1971-1972, and applying the
• State v. Corley
  558 So. 2d 187· Fla. 4th DCA· 1990-03-21
  Florida appealed a county court's decision declaring section 327.35 unconstitutional and dismissing a boating-under-the-influence charge against Richard Corley. The appellate court reversed, holding that while the statute's prohibition on "using" a vessel while impaired was uncon
• State v. Kolacia
  558 So. 2d 190· Fla. 4th DCA· 1990-03-21
  Florida appeals a county court's decision striking down a boating-under-the-influence statute as unconstitutionally overbroad. The appellate court reverses, holding that the overbroad provision can be severed while the remainder of the statute remains valid, and that applying the