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

• United States v. RAY
  731 F.2d 1361· 9th Cir.· 1984-04-24 ·cited 64×·via Vagueness Challenge To Statute
• Rev. Roy Jones v. The City OF Lubbock
  727 F.2d 364· 5th Cir.· 1984-03-05 ·cited 64×
  The court held that the district court clearly erred in finding that the City's at-large electoral system was adopted with discriminatory intent under the Fifteenth Amendment. However, the court affirmed the district court's finding that the system violates Section 2 of the Votin
• United States v. Webster
  639 F.2d 174· 4th Cir.· 1981-01-15 ·cited 64×·via Void For Vagueness Doctrine
  The court held that wiretap applications and orders were valid, jury instructions were harmlessly erroneous, and the RICO statute requires the enterprise's affairs to be conducted through racketeering, not the reverse.
• Baldwin v. Redwood City
  540 F.2d 1360· 9th Cir.· 1976-08-09 ·cited 64×·via Vagueness
  Redwood City's ordinances limiting the aggregate area of political signs per candidate/issue, imposing permit fees and deposits, and banning signs in residential areas violate the First Amendment. However, limitations on individual sign size and aggregate area per parcel are perm
• United States v. Riehl
  460 F.2d 454· 3d Cir.· 1972-05-09 ·cited 64×
  The court held that the Organized Crime Control Act of 1970, specifically 18 U.S.C. §§ 1511 and 1955, is a constitutional exercise of Congress's commerce power and is not unconstitutionally vague. The court affirmed convictions under these statutes for conducting and conspiring t
• United States v. DePUGH
  434 F.2d 548· 8th Cir.· 1970-11-25 ·cited 64×
  The court affirmed the defendant's conviction, despite concerns about the trial judge's comments to the jury.
• Armstrong v. City OF Edgewater
  157 So. 2d 422· Fla.· 1963-11-08 ·cited 64×·via Vagueness Of Statutes
  The Florida Supreme Court reversed a circuit court decision invalidating Chapter 63-1310 (1963), a statute establishing a primary election system for the City of Edgewater. The Court held the statute was constitutional despite drafting defects, applying accepted rules of statutor
• Chavez v. Dickson
  280 F.2d 727· 9th Cir.· 1960-06-16 ·cited 64×
  The court held that the state court's construction of California Penal Code sections did not deprive appellants of federal rights, and that the district court did not err in denying relief on most grounds, but must remand for a hearing on the accuracy of transcribed statements us
• United States v. Gerald Levy (89-5980) & Calvin Black (89-6099)
  904 F.2d 1026· 6th Cir.· 1990-05-25 ·cited 63×·via Void For Vagueness Doctrine
  The court affirmed the convictions and sentences, holding that the district court did not err in its evidentiary rulings, jury instructions, or sentencing decisions, and that the challenged statute was not unconstitutionally vague or disproportionate.
• United States v. Hines
  696 F.2d 722· 10th Cir.· 1982-11-02 ·cited 63×·via Vagueness
  The court held that the defendants' convictions under federal conspiracy and racketeering laws were valid, affirming the trial court's decisions on various evidentiary and procedural challenges.
• Bell v. State
  289 So. 2d 388· Fla.· 1973-12-20 ·cited 63×
  Gilbert Bell appealed his conviction for offenses involving a minor, challenging the constitutionality of Florida Statutes §§ 828.21, 800.02, and 796.07. The Florida Supreme Court upheld all three statutes as sufficiently definite and not unconstitutionally vague, and affirmed Be
• United States v. Cleophus C. Lewin
  467 F.2d 1132· 7th Cir.· 1972-08-23 ·cited 62×
  The court held that the trial court committed reversible error by inadequately conducting the voir dire examination and by unduly restricting the presentation of character evidence, necessitating a new trial.
• Dufresne v. State
  826 So. 2d 272· Fla.· 2002-09-05 ·cited 61×·via Vagueness Challenge
  The Florida Supreme Court addressed whether the term "mental injury" in the child abuse statute (section 827.03(1)(b)) is unconstitutionally vague. The Court held that the term is not vague because it is adequately defined in related statutory provisions in chapter 39, and statut
• Pallas v. State
  636 So. 2d 1358· Fla. 3d DCA· 1994-05-03 ·cited 61×
  John L. Pallas appeals his conviction for aggravated stalking under Florida Statute § 784.048(3), challenging the statute as unconstitutionally vague and overbroad. The Third District Court of Appeal affirms, holding that the statute provides fair notice of proscribed conduct and
• United States v. Alfreda Barnes
  890 F.2d 545· 1st Cir.· 1989-11-30 ·cited 61×·via Void For Vagueness Doctrine
  The court held that there was sufficient evidence to support the jury's verdict of constructive possession of cocaine base and possession of a firearm by a felon, and that the term 'cocaine base' was not unconstitutionally vague, nor were the jury instructions on reasonable doubt
• Eisner v. Stamford Bd. OF Educ.: Ursa Coleman
  440 F.2d 803· 2d Cir.· 1971-03-05 ·cited 60×
  A school board's policy requiring prior administrative approval for student distribution of written materials is unconstitutional due to a lack of procedural safeguards, specifically regarding the time for decision and the submission process.
• Smith v. State
  237 So. 2d 139· Fla.· 1970-06-17 ·cited 60×
  James Clyde Smith challenged the constitutionality of Florida Statute Section 317.221(1), which prohibits driving a vehicle at a speed greater than is reasonable and prudent under the conditions. The Florida Supreme Court upheld the statute as sufficiently definite under due proc
• United States v. Wivell
  893 F.2d 156· 8th Cir.· 1990-01-03 ·cited 59×
  The court affirmed the defendant's sentence, holding that the district court did not err in refusing to grant a two-level reduction for acceptance of responsibility and that the Sentencing Guidelines are not unconstitutionally vague.
• United States v. Ingredient Tech. Corp.
  698 F.2d 88· 2d Cir.· 1983-01-05 ·cited 59×
  The court held that the sham transactions designed to inflate inventory for tax purposes did not qualify for inclusion in LIFO inventory and that the defendants' actions were willful despite claims of unclear tax law.
• Ryan v. Ryan
  277 So. 2d 266· Fla.· 1973-03-30 ·cited 59×·via Vagueness Of Statutes
  Florida's Supreme Court upheld the constitutionality of Florida's new no-fault dissolution of marriage law (effective July 1, 1971), which replaced traditional fault-based divorce grounds with a single ground: that the marriage is irretrievably broken. The Court rejected challeng
• Grant v. State
  745 So. 2d 519· Fla. 2d DCA· 1999-11-24 ·cited 58×
  The Prison Releasee Reoffender Act is constitutional and does not violate the single subject requirement, separation of powers, cruel and unusual punishment, vagueness, due process, equal protection, or ex post facto provisions; Grant's sentence of fifteen years as a habitual fel
• United States v. Griffin
  589 F.2d 200· 5th Cir.· 1979-02-06 ·cited 58×
  Perjury before a grand jury, by falsely denying knowledge of relevant events or individuals, constitutes an obstruction of justice punishable under 18 U.S.C. § 1503.
• Arvo W. Kannisto & the San Francisco Police Officers Ass'n v. The City & Cnty. OF SAN Francisco
  541 F.2d 841· 9th Cir.· 1976-08-31 ·cited 58×
• Moreno v. Henckel
  431 F.2d 1299· 5th Cir.· 1970-09-23 ·cited 58×
  A federal court cannot abstain from hearing a civil rights case solely because a state remedy is available; the federal remedy under Section 1983 is supplementary and does not require exhaustion of state judicial or administrative remedies.
• Muller v. Conlisk
  429 F.2d 901· 7th Cir.· 1970-06-29 ·cited 58×
  A police department rule prohibiting all derogatory comments about the department is unconstitutionally overbroad and violates officers' First Amendment free speech rights.
• Moshe Leib v. Hillsborough Cnty. Pub. Transp. Comm'n
  558 F.3d 1301· 11th Cir.· 2009-02-19 ·cited 57×·via Unconstitutional Vagueness
  The Eleventh Circuit affirmed the district court's dismissal of the plaintiff's complaint, holding that the Hillsborough County Public Transportation Commission's "luxury" requirement for limousines did not violate due process or equal protection, was not unconstitutionally vague
• Bouters v. State
  634 So. 2d 246· Fla. 5th DCA· 1994-03-25 ·cited 57×·via Vagueness
• Warren v. State
  572 So. 2d 1376· Fla.· 1991-01-03 ·cited 57×
  The Florida Supreme Court held that Florida Statute § 796.01, which prohibits keeping a house of ill fame for prostitution or lewdness, is unconstitutionally vague because the term "ill fame" lacks definition and fails to provide fair notice to citizens of what conduct is prohibi
• Cartwright v. Maynard
  822 F.2d 1477· 10th Cir.· 1987-06-22 ·cited 57×
  Reliance on an unconstitutionally vague or overbroad statutory aggravating circumstance requires vacating the death sentence, especially when the state courts do not reweigh circumstances on appeal.
• Chalmers v. City OF LOS Angeles
  762 F.2d 753· 9th Cir.· 1985-06-04 ·cited 57×
  The court held that the City of Los Angeles violated Chalmers' due process rights by enforcing vague and conflicting ordinances, and that the jury's damage award was supported by the evidence.
• State v. Werner
  402 So. 2d 386· Fla.· 1981-06-25 ·cited 57×
  The Florida Supreme Court reversed a trial court's order dismissing cocaine trafficking charges and declaring the trafficking statute unconstitutional. The court held that the statute's use of "may" in authorizing post-conviction sentence reduction in exchange for substantial ass
• United States v. Brooks
  611 F.2d 614· 5th Cir.· 1980-02-11 ·cited 57×·via Vagueness Challenge To Statute
  The court held that the jury instructions, while potentially incomplete, were sufficient to present the core issues to the jury and that any error was harmless given the overwhelming evidence.
• In re Wissam T. Hammoud
  931 F.3d 1032· 11th Cir.· 2019-07-23 ·cited 56×·via Void For Vagueness Doctrine
  The Eleventh Circuit granted petitioner's application for leave to file a second or successive motion to vacate his sentence, finding he made a prima facie showing that his § 924(c) conviction is unconstitutional under the new rule announced in Davis.
• Textile Workers Pension Fund v. Standard DYE & Finishing Co., Inc.
  725 F.2d 843· 2d Cir.· 1984-01-09 ·cited 56×·via Vagueness Challenge
  The court held that the retroactive application of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) withdrawal liability provisions is constitutional and does not violate employers' due process rights.
• United States v. Davis
  710 F.2d 104· 3d Cir.· 1983-06-21 ·cited 56×
  The court held that the dangerous special offender statute's use of a preponderance of the evidence standard for findings of dangerousness and specialness does not violate due process, and that the statute's proportionality requirement and definition of dangerousness are not unco
• United States v. Howard
  569 F.2d 1331· 5th Cir.· 1978-03-23 ·cited 56×·via Due Process Vagueness Challenge
  The court held that the sale of secret grand jury testimony constitutes obstruction of justice under 18 U.S.C. § 1503, as the omnibus clause covers acts similar in result to those specifically enumerated.
• United States v. Williamson
  567 F.2d 610· 4th Cir.· 1977-12-29 ·cited 56×
  The court held that the firearms conviction was proper and the sentence imposed under the Dangerous Special Offender statute was not unconstitutionally vague or disproportionate.
• United States v. Ehrlichman
  546 F.2d 910· D.C. Cir.· 1976-05-17 ·cited 56×
  The court did not reach the issue of warrantless searches for foreign intelligence due to lack of presidential or attorney general authorization.
• United States v. Feinberg
  535 F.2d 1004· 7th Cir.· 1976-05-17 ·cited 56×·via Vagueness Of Statutes
  The court held that there was sufficient evidence to support the conviction for mail fraud, that rebuttal evidence of prior similar conduct was properly admitted, and that the mail fraud statute was not unconstitutionally vague.
• United States v. Chestnut
  533 F.2d 40· 2d Cir.· 1976-03-08 ·cited 56×·via Vagueness
  The court affirmed the conviction, holding that venue was proper in New York, the indictment was sufficient, and the evidence supported the jury's finding of willfulness.
• United States v. Stewart
  531 F.2d 326· 6th Cir.· 1976-02-06 ·cited 56×
  The court held that the dangerous special offender statute (18 U.S.C. § 3575) is not unconstitutionally vague, as it provides sufficient procedural safeguards and standards for sentencing.
• United States v. Brown
  859 F.2d 974· D.C. Cir.· 1988-10-21 ·cited 55×
  The court held that the statute's definition of 'cocaine base' is not unconstitutionally vague and the mandatory minimum sentence does not constitute cruel and unusual punishment.
• Frank Collin & the Nat'l Socialist Party of Am. v. Smith
  578 F.2d 1197· 7th Cir.· 1978-05-22 ·cited 55×
  The court held that the Village of Skokie's ordinances prohibiting the dissemination of materials inciting hatred and prohibiting demonstrations by political parties in uniform were unconstitutional as applied to the National Socialist Party of America's planned demonstration.
• United States v. Quinn
  514 F.2d 1250· 5th Cir.· 1975-06-23 ·cited 55×·via Vagueness
  The court held that the defendant's conviction for extortion under the Hobbs Act was affirmed because the payments received were not in furtherance of legitimate labor objectives and violated federal labor law, rendering them 'wrongful'.
• Marshall v. United States
  355 F.2d 999· 9th Cir.· 1966-01-27 ·cited 55×
  The court held that 18 U.S.C. § 1952(b)(2) applies to single acts of extortion and that the trial court did not err in denying motions for mistrial due to publicity or in its handling of a juror's undisclosed badge status.
• State v. Barnum
  921 So. 2d 513· Fla.· 2005-09-22 ·cited 54×·via Vagueness Of Statutes
  Florida Supreme Court held that its prior decision in Thompson v. State, requiring knowledge of victim's law enforcement status as an element of attempted first-degree murder of a law enforcement officer under section 784.07(3), is not retroactively applicable to final conviction
• State v. Sydney Rochelle
  609 So. 2d 613· Fla. 4th DCA· 1992-07-22 ·cited 54×·via Void For Vagueness Doctrine
  The Fourth District Court of Appeal reversed the county court's decision excluding breathalyzer test results obtained before August 1, 1991, when non-promulgated forms were used for periodic equipment testing. The court held that the administrative rules were not void for vaguene
• United States v. Christopher
  700 F.2d 1253· 9th Cir.· 1983-03-08 ·cited 54×
  The court held that the charging information was sufficient and the regulation constitutional, but that one defendant's conviction must be vacated due to improper arraignment in his absence.
• Diebold v. Marshall
  585 F.2d 1327· 6th Cir.· 1978-11-03 ·cited 54×
  The court held that while the Commission's interpretation of the safety regulation was reasonable, its application to Diebold violated due process due to vagueness and lack of adequate warning.
• United States v. Pastor
  557 F.2d 930· 2d Cir.· 1977-05-19 ·cited 54×
  The court held that the district judge erred in finding that the appellant voluntarily absented himself from trial, as his hospitalization for a severe anginal episode was medically justified and his constitutional right to be present was not knowingly waived.