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

• King v. State
  557 So. 2d 899· Fla. 5th DCA· 1990-03-01 ·via Vagueness Of Statutes
  Peter King challenged the constitutionality of Florida's amended Habitual Felony Offender statute on equal protection and due process grounds after being convicted and sentenced to ten years as a habitual offender. The Fifth District Court of Appeal upheld the statute as constitu
• Leonardson v. City OF E. Lansing
  896 F.2d 190· 6th Cir.· 1990-02-13 ·via Void For Vagueness Doctrine
  The court held that Section 9.111 of Ordinance 653 was not unconstitutionally vague, but Section 9.112 was unconstitutionally vague due to excessive discretion granted to officials, potentially infringing on First Amendment rights.
• Am. Dog Owners Ass'n v. Dade Cnty.
  728 F. Supp. 1533· S.D. Fla.· 1989-11-30
  The court held that the Dade County ordinance regulating pit bull dogs was not impermissibly vague and therefore did not violate due process. The ordinance provided sufficient notice to dog owners of ordinary intelligence and established adequate standards for enforcement.
• Postscript Enters., Inc. v. Hon. George Peach
  878 F.2d 1114· 8th Cir.· 1989-07-13 ·via Void For Vagueness Doctrine
  The court held that the district court correctly applied the Younger abstention doctrine, requiring abstention from hearing the federal constitutional challenge due to pending state forfeiture and criminal proceedings.
• Schultz v. Frisby
  877 F.2d 6· 7th Cir.· 1989-06-09
  The court held that the meaning of the ordinance is established by the Supreme Court's prior ruling, and plaintiffs' remaining claims were either not properly raised or must be pursued in state court.
• Women's Health Ctr. OF W. Cnty., Inc. v. Webster
  871 F.2d 1377· 8th Cir.· 1989-03-31
  The court affirmed the trial court's judgment awarding damages to the client for abuse of process and malicious prosecution, while also affirming the trial court's judgment awarding damages to the securities broker for fraudulent uttering of worthless checks.
• Williams v. State
  540 So. 2d 229· Fla. 5th DCA· 1989-03-23 ·via Vagueness Challenge To Statute
  The court held that a writ of certiorari should not be granted to review a circuit court's reversal of a dismissal of criminal charges based on a statute's alleged unconstitutionality, as this would unduly expand interlocutory appellate review.
• Am. Booksellers Ass'n, Inc. v. Schiff
  868 F.2d 1199· 10th Cir.· 1989-03-06 ·via Vagueness
  The court held that plaintiffs established standing to challenge a New Mexico law regulating the display of material deemed harmful to minors, despite the pre-enforcement nature of the challenge.
• Francelle Dorman v. Satti
  862 F.2d 432· 2d Cir.· 1988-12-07
  The court held that the Connecticut Hunter Harassment Act is unconstitutionally vague and overbroad on its face and affirmed the district court's judgment.
• United States v. Gaudreau
  860 F.2d 357· 10th Cir.· 1988-10-17 ·via Void For Vagueness Doctrine
  The court held that the Colorado commercial bribery statute, as interpreted by the Colorado Supreme Court to mean 'duty of loyalty' defined by common law, provides sufficient notice and clear enforcement standards to serve as predicate acts for a RICO prosecution.
• Ezell v. Bowen
  849 F.2d 844· 4th Cir.· 1988-05-09
  The court held that the district court properly dismissed the complaint for lack of subject matter jurisdiction because the appellant failed to raise a colorable statutory or constitutional claim.
• United States v. Towns
  842 F.2d 740· 4th Cir.· 1988-03-29 ·via Vagueness Of Statutes
  The Army and Air Force Exchange Service (AAFES) is an agency of the United States, and theft of its property constitutes a property loss to the United States, making prosecution under 18 U.S.C. § 641 applicable.
• News & Sun-Sentinel Co. v. Bd. of Cnty. Comm'rs
  693 F. Supp. 1066· S.D. Fla.· 1987-06-30 ·via Void For Vagueness Doctrine
  A county ordinance requiring publishers to verify contractor certification numbers or obtain affidavits impermissibly infringes on the freedom of the press by shifting enforcement burdens to the media.
• State of Fla.: Bob Graham v. Hodges
  506 So. 2d 437· Fla. 1st DCA· 1987-03-27
  Florida challenged a trial court's finding that section 370.153(4)(b) of Florida's shrimping regulations was unconstitutionally vague as applied to Nassau County. The appellate court reversed, holding that the statute clearly restricts dead shrimp production to the St. Johns Rive
• Buckland v. Cnty. OF Montgomery OF the Commonwealth OF Pa.
  812 F.2d 146· 3d Cir.· 1987-03-02
  The court held that Pennsylvania Rule of Criminal Procedure 4015(b), which allows counties to set a reasonable fee for administering the ten percent cash bail program, does not violate the federal constitution.
• Glatz v. Kort
  807 F.2d 1514· 10th Cir.· 1986-12-15 ·via Vagueness Challenge
  The court held that Colorado's criminal commitment and release procedures for individuals found not guilty by reason of insanity do not violate the Due Process or Equal Protection Clauses of the Fourteenth Amendment.
• Bellsouth Advertising & Publ'g Corp. v. Metro. Dade Cnty.
  497 So. 2d 1321· Fla. 3d DCA· 1986-11-25 ·via Unconstitutional Vagueness
  The court affirmed the trial court's finding that Dade County Code Section 10.4.1 is constitutional, rejecting BellSouth's challenges based on vagueness, delegation of legislative power, and First Amendment free speech grounds.
• United States v. Garcia-Restrepo
  648 F. Supp. 1188· S.D. Fla.· 1986-11-03 ·via Void For Vagueness Doctrine
  The court held that the magistrate erred in suppressing evidence against Garcia-Restrepo and in finding 31 U.S.C. § 5317(b) unconstitutional, and that Arango-Velez voluntarily consented to the search of his residence.
• United States v. Perceval
  803 F.2d 601· 10th Cir.· 1986-10-17 ·via Vagueness
  A conviction under 18 U.S.C. § 1791(a)(2) requires proof that the inmate knowingly made or possessed an object that may be used as a weapon, not necessarily that the inmate intended to use it as a weapon.
• Dirks v. Sec. & Exch. Comm'n
  802 F.2d 1468· D.C. Cir.· 1986-10-10 ·via Void For Vagueness Doctrine
  Section 14(b) of SIPA, as clarified by the SEC's administrative construction, is not unconstitutionally vague, and the SEC's findings of negligence are supported by substantial evidence.
• United States v. Borrero-Gonzalez
  793 F.2d 1252· 11th Cir.· 1986-07-18 ·via Void For Vagueness Doctrine
• Pringle v. Court OF Common Pleas
  778 F.2d 998· 3d Cir.· 1985-12-12
  The court held that the Pennsylvania disorderly conduct statute, as applied to appellant's speech in 1979, was unconstitutionally vague because it failed to provide fair notice that her words, previously deemed not obscene by the Supreme Court, could be considered obscene based o
• United States v. Da-Chuan Zheng
  768 F.2d 518· 3d Cir.· 1985-07-19
  The court held that the district court erred in adopting an unduly restrictive definition of 'items' as used in the Arms Export Control Act, and that the designation 'countermeasures' on the Munitions List was a permissible construction of the statutory term.
• Maroney v. Univ. Interscholastic League
  764 F.2d 403· 5th Cir.· 1985-07-01
  Removal jurisdiction never attached because the plaintiff's federal claim was insubstantial and foreclosed by prior decisions.
• 754 Orange AVE., Inc. v. City OF W. Haven
  761 F.2d 105· 2d Cir.· 1985-04-30
  The court held that the City's zoning and licensing ordinances, as applied to the plaintiff's adult bookstore, were likely unconstitutional due to vagueness, overbreadth, and impermissible prior restraint on First Amendment expression, warranting a preliminary injunction.
• United States v. Collins
  603 F. Supp. 301· S.D. Fla.· 1985-02-20 ·via Void For Vagueness Doctrine
  Section 6(c) of the Classified Information Procedures Act (CIPA) is constitutional, as it does not violate the Sixth Amendment's compulsory process clause, the Fifth Amendment's due process or equal protection clauses, and the standard of substantial equivalence is not void for v
• Growden v. State
  463 So. 2d 1145· Fla.· 1985-02-07
  The court held that section 817.563, Florida Statutes (1981), is constitutional against challenges of substantive and procedural due process, vagueness, and improper burden on the defendant.
• Hurst v. State
  464 So. 2d 534· Fla.· 1985-01-24
• State v. Jenkins
  454 So. 2d 79· Fla. 1st DCA· 1984-08-17
  Florida appeals the dismissal of criminal charges against a county property appraiser for official misconduct under Florida Statutes § 839.25(1)(a). The court affirms the trial court's finding that this statute is facially unconstitutional because it is impermissibly vague and su
• United States v. Greer
  739 F.2d 262· 7th Cir.· 1984-07-13
  The court held that the Illinois extended sentence statute, as applied to a brutal murder conviction, does not violate the Eighth Amendment, even in light of Solem v. Helm, because the petitioner did not claim his sentence was disproportionate to the crime.
• Electrolert Corp. v. Barry
  737 F.2d 110· D.C. Cir.· 1984-06-19
  The court held that the District of Columbia ordinance banning possession of radar detectors in motor vehicles did not violate the Commerce Clause or the Due Process Clause.
• Burke Justice, Jr. v. Superior Court of the Dist. of Columbia
  732 F.2d 949· D.C. Cir.· 1984-04-20 ·via Vagueness
  The court held that the district court should abstain from hearing the constitutional claims pending resolution by the D.C. Court of Appeals.
• Marrero v. City of Hialeah
  334 F.2d 506· S.D. Fla.· 1984-03-08
  The court held that the City was not liable under § 1983 because the plaintiffs failed to prove a custom or policy, and that the prosecutor was entitled to qualified immunity as his actions did not violate clearly established constitutional rights.
• Pietzsch v. Mattox
  719 F.2d 129· 5th Cir.· 1983-11-10 ·via Vagueness
  The court held that the district court did not abuse its discretion in abstaining from judgment on the constitutionality of the Texas statutes.
• Nat'l Alliance v. United States
  710 F.2d 868· D.C. Cir.· 1983-06-28
  The court held that National Alliance's publications do not qualify as 'educational' for tax exemption purposes because they lack reasoned development and present unsupported opinions, even if the IRS regulation used was found vague in a prior case.
• Jackson v. Jackson
  432 So. 2d 695· Fla. 1st DCA· 1983-06-07 ·via Vagueness Of Statutes
  Mary Lynn Jackson appealed the trial court's order appointing her father as curator of her property under Florida's Curatorship Act. The First District Court of Appeal affirmed the appointment, holding that the 1957 repeal of a specific statutory section did not eliminate the cou
• State v. Block
  428 So. 2d 782· Fla. 4th DCA· 1983-03-30 ·via Void For Vagueness Doctrine
  Florida appealed a county court order dismissing a DUI charge on the ground that the relevant statute was unconstitutionally vague. The District Court of Appeal reversed, holding that the trial court erred by reaching a constitutional issue when it should have dismissed on the na
• Lipman v. State
  428 So. 2d 733· Fla. 1st DCA· 1983-03-18 ·via Vagueness Of Statutes
  Justin Jerome Lipman appeals his conviction as a principal to counterfeiting, contending he was denied a fair trial due to prosecutorial misconduct and that missing trial transcript pages (200-500 pages) prevented meaningful appellate review. The appellate court agreed on both po
• State v. C.H.
  421 So. 2d 62· Fla. 4th DCA· 1982-11-03
  Florida appealed a trial court's order invalidating section 777.03, Fla. Stat., which immunizes certain family members from criminal prosecution for aiding a fugitive relative. The appellate court reversed, holding the statute is neither void for vagueness nor violative of equal
• Fla. Publ'g Co. v. The Honorable William Wilkes
  420 So. 2d 333· Fla. 1st DCA· 1982-09-23 ·via Vagueness Of Statutes
  The court held that the trial court's order to exclude the press and seal files was overly broad, and that proceedings concerning matters of pleading should be open to the public, while those requiring evidence should remain closed.
• J. R. Furlong, Inc. v. Chrysler Corp.
  419 So. 2d 385· Fla. 3d DCA· 1982-09-14
  J. R. Furlong, Inc., a Chrysler-Plymouth dealer, appealed a trial court's dismissal of its complaint for attorneys' fees under Florida Statutes Section 320.641(5) after prevailing in an administrative proceeding against Chrysler for unfair cancellation of its franchise agreement.
• United States v. Blaine Johnson
  685 F.2d 337· 9th Cir.· 1982-08-26 ·via Vagueness Challenge
  The court held that the Wild Free-roaming Horses and Burros Act is not unconstitutionally vague or overbroad as applied to the defendant's conduct of removing wild horses from public lands without a permit.
• Heist v. Lock & Gunsmith, Inc.
  417 So. 2d 1041· Fla. 1st DCA· 1982-07-14 ·via Vagueness Of Statutes
  Court affirmed dismissal of complaint against gun dealer for failure to allege sufficient facts that dealer knew or should have known the purchaser was mentally unsound or dangerous, despite allegations dealer knew the true buyer was someone other than the named purchaser.
• State v. Grabarnick
  414 So. 2d 1144· Fla. 3d DCA· 1982-06-08
  The State of Florida appealed a trial court's order dismissing a charge under Florida's Schemes to Defraud statute (Section 817.035(2), (3)) on constitutional grounds. The appellate court upheld the statute as constitutional and reversed the dismissal, finding no facial vagueness
• United States v. Echols
  677 F.2d 498· 5th Cir.· 1982-06-04 ·via Due Process Vagueness Challenge
  The court held that the statutes and regulations concerning withholding exemption certificates are not unconstitutionally vague and provide sufficient notice of prohibited conduct.
• Brady Otis Byrd v. State
  390 So. 2d 697· Fla.· 1980-10-02
  The court held that section 316.192(1), Florida Statutes, is not unconstitutionally vague and affirms the conviction for reckless driving.
• Coffin v. State
  374 So. 2d 504· Fla.· 1979-07-18 ·via Constitutional Vagueness
  Clifford Coffin, president of a cemetery company, was convicted of violating Florida's cemetery trust fund statute by failing to make required ten percent contributions to a care and maintenance trust fund. The Florida Supreme Court affirmed his conviction, rejecting constitution
• McDONALD v. Dodd Miller
  596 F.2d 686· 5th Cir.· 1979-06-08
  A party whose conduct clearly violates a statute or regulation cannot challenge it for vagueness.
• Riggins v. State
  369 So. 2d 948· Fla.· 1979-04-05 ·via Vagueness Challenge
  The Florida Supreme Court upheld section 409.325, Florida Statutes, prohibiting fraudulent failure to disclose material facts in food stamp eligibility determinations, rejecting constitutional challenges based on vagueness, overbreadth, and unlawful delegation of legislative auth
• State v. Brayman
  49 Fla. Supp. 1· Broward Cty. Ct.· 1979-03-27 ·via Vagueness Of Statutes
  The defendant was charged with disorderly intoxication and resisting arrest without violence after verbally insulting police officers during a domestic disturbance call. The court held that while Florida Statute 843.02 is facially constitutional, its application to mere profane o