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

• Mohr v. State
  370 So. 2d 17· Fla. 1st DCA· 1979-02-20
• United States v. Jenkins
  586 F.2d 635· 6th Cir.· 1978-11-02
  The court affirmed the conviction, finding no reversible error in the jury instructions or the prosecutor's comments after a curative instruction was given.
• United States v. Aundra O. Magee
  586 F.2d 636· 6th Cir.· 1978-11-02
  The court held that the statute and regulations were not unconstitutionally vague and that the admission of co-conspirator statements was proper.
• Flowers v. State
  363 So. 2d 1076· Fla.· 1978-07-27
  The court held that the statute is not vague and Fifth Amendment rights were not violated by delayed Miranda warnings.
• Leeman v. State
  357 So. 2d 693· Fla.· 1978-04-04
  Alexander Leeman appealed his conviction for possessing a 'Blue Box' device capable of duplicating telephone tones to avoid long-distance charges in violation of Florida Statute § 817.482. The Florida Supreme Court upheld the statute as constitutional and affirmed the conviction,
• Gorchov v. State
  354 So. 2d 116· Fla. 3d DCA· 1978-01-24 ·via Vagueness
  Michael Gorchov challenged his involuntary hospitalization, arguing that the relevant Florida statute was unconstitutional and that the trial court applied the wrong standard of proof. The Florida Supreme Court resolved the constitutional issues in a companion case, leaving only
• Glynis Margaret LAW v. State
  355 So. 2d 1174· Fla.· 1977-11-30
  Glynis Law appealed her conviction under a Florida statute making it unlawful to keep or operate a place for prostitution, challenging the statute as vague and overbroad. The Florida Supreme Court upheld the facial validity of the statute and transferred the case to the circuit c
• United States v. Raftery
  563 F.2d 965· 9th Cir.· 1977-10-25 ·via Vagueness
  The court held that the trial court did not err in admitting evidence of the appellant's prior association with drug smugglers and dealers, nor was the indictment unconstitutionally vague.
• Allen v. State
  347 So. 2d 615· Fla.· 1977-06-16
  Florida Supreme Court upheld a welfare fraud statute against a constitutional vagueness challenge, holding that the statute's requirement that fraud be committed through false statements or representations provides sufficient notice to the public of prohibited conduct.
• Speck v. Auger
  558 F.2d 394· 8th Cir.· 1977-06-09 ·via Vagueness Challenge To Statute
  The court held that the Iowa juvenile transfer statute, as interpreted by the Iowa Supreme Court, is not unconstitutionally vague because it allows for consideration of specific factors and provides flexibility without permitting arbitrary decisions.
• State v. Williams
  45 Fla. Supp. 208· Fla. Cty. Ct.· 1977-06-07 ·via Vagueness Of Statutes
  A Florida county court held that Florida Statute 316.272(2), which prohibits excessive fumes or smoke from motor vehicles, is unconstitutional and void for vagueness. The court dismissed a traffic citation issued to Williams after his jeep produced smoke when he started it after
• Sunbeam Television Corp. v. Shevin
  45 Fla. Supp. 53· Fla. Cir. Ct.· 1977-01-14 ·via Void For Vagueness Doctrine
  Sunbeam Television Corporation and the Miami Herald Publishing Company challenged the constitutionality of Florida's 1974 amendment to Chapter 934 (the Security of Communications Act), which prohibited electronic recording of conversations without all parties' consent. The court
• Walters v. Hon. C. Archie Clement
  544 F.2d 1340· 5th Cir.· 1977-01-10
  The court held that a petition for habeas corpus is an unsatisfactory method to challenge a statute's facial constitutionality, especially when the state supreme court has already provided a narrowed construction.
• United States v. Isaacs
  539 F.2d 686· 9th Cir.· 1976-08-05 ·via Due Process Vagueness Challenge
  A statement is not false if it is literally true under the precise meaning of a word, even if a broader interpretation exists.
• Stallings v. City OF Jacksonville
  333 So. 2d 70· Fla. 1st DCA· 1976-06-15
  Property owners challenged Jacksonville's Housing Code provisions requiring screen doors, imposing pest extermination duties on owners, and using vague inspection citations. The court reversed the trial court's dismissal, finding the screen door requirement unconstitutionally dis
• Horvath v. City OF Chicago
  510 F.2d 594· 7th Cir.· 1975-05-16 ·via Void For Vagueness Doctrine
  The court held that federal courts should not interfere with state civil proceedings to determine the application of a municipal ordinance, even if the ordinance is arguably vague.
• United States v. Irving
  509 F.2d 1325· 5th Cir.· 1975-03-20
• Cornelia Webster v. Alan R. Perry as Chairman & representative of the Bd. of Educ. of the Winston-Salem/Forsyth Cnty. Sch. Sys.
  512 F.2d 612· 4th Cir.· 1975-03-17
  The court held that the district court correctly abstained from deciding the vagueness and overbreadth claims pending state court construction, but erred in remanding the due process claim, which requires a three-judge panel.
• United States ex rel. Sidney J. Clark v. Anderson
  502 F.2d 1080· 3d Cir.· 1974-06-13 ·via Void For Vagueness Doctrine
  A state cannot constitutionally apply a superseded predecessor statute to a defendant after ruling the successor statute unconstitutionally vague, as this violates due process notice requirements.
• City of Atlantis v. Herron
  42 Fla. Supp. 147· Palm Beach Cty. Cir. Ct.· 1974-03-26
  The Emergency School Aid Act of 1972 (§ 718) applies to attorneys' fees incurred prior to its enactment if the case was pending on appeal when the statute became effective, and applying it would not result in manifest injustice.
• In the Interest of B.O.W.
  40 Fla. Supp. 93· Dade Cty. Cir. Ct.· 1974-02-07 ·via Void For Vagueness Doctrine
  In this child dependency case, the Dade County Circuit Court upheld Florida's dependency statute against constitutional challenges and adjudicated B.O.W., an eight-month-old child with spiral fractures and skull fractures, as a dependent child due to parental child abuse. The cou
• United States v. Bast
  495 F.2d 138· D.C. Cir.· 1974-01-25 ·via Vagueness Of Statutes
  The court held that the brochure's language, including reference to 'secret intelligence investigation,' provided probable cause to believe the defendants violated the statute prohibiting advertising devices for surreptitious interception, even under a narrow interpretation of th
• Peoples v. State
  287 So. 2d 63· Fla.· 1973-12-13 ·via Vagueness Of Statutes
  The Florida Supreme Court reversed the conviction of James Peoples for carrying a concealed firearm, holding that Section 790.25(3)(n) of the Florida Statutes exempts persons possessing arms at their home or place of business from the concealed weapons prohibition. The court foun
• State v. Ivanhoe Prods., Inc.
  40 Fla. Supp. 67· Orange Cty. Ct.· 1973-11-07 ·via Unconstitutional Vagueness
  The court held that Chapter 73-120 of the Florida Laws is unconstitutional as applied and on its face, and that the defendant was immunized from prosecution by the compulsory production of the film.
• English v. Va. Prob. & Parole Bd.
  481 F.2d 188· 4th Cir.· 1973-06-19
  The court held that the Virginia statute defining and prohibiting common nuisances related to drug use was not unconstitutionally vague and that the classification of marijuana as a narcotic drug did not violate equal protection.
• Unique Caterers, Inc. v. Pollifrone
  279 So. 2d 345· Fla. 3d DCA· 1973-06-19
  An interlocutory order requiring a corporation to provide five days' notice before selling or conveying a major or material portion of its assets must be reversed as too vague and indefinite regarding the corporation's permitted and prohibited actions, the type of notice required
• Stembridge v. Harwitz
  39 Fla. Supp. 80· Dade Cty. Cir. Ct.· 1973-06-18
  The court held that the ordinance is unconstitutional because it is vague, indefinite, and uncertain, violating due process and freedom of the press protections.
• State v. Mayhew
  38 Fla. Supp. 107· Duval Cty. Cir. Ct.· 1973-03-21 ·via Void For Vagueness Doctrine
  The Duval County Circuit Court declared Florida's profanity statute (Fla. Stat. §847.04) unconstitutional on its face as violating the First, Fifth, and Fourteenth Amendments. The court granted the defendant's motion to dismiss charges for profanity and resisting arrest, finding
• Daulton v. United States
  474 F.2d 1248· 6th Cir.· 1973-03-01
  The court held that the federal kidnapping statute is not unconstitutionally vague as applied to the defendant's conduct.
• City OF Miami Beach v. Int'l Ass'n OF Fire Fighters
  273 So. 2d 406· Fla. 3d DCA· 1973-02-27
  The court held that the ordinance's prohibition against civil service employees being "in any manner concerned" in political activities is impermissibly vague and thus unconstitutional.
• United States v. Gibbons
  463 F.2d 1201· 3d Cir.· 1972-06-28 ·via Void For Vagueness Doctrine
  The court held that the statute was not void for vagueness, the information was sufficient, the search warrant execution complied with statutory requirements, and the evidence was sufficient to support the conviction.
• United States v. James
  456 F.2d 278· 4th Cir.· 1972-03-20
  The court held that commercial explosives, when intended for use as a bomb, can constitute a destructive device under the Gun Control Act of 1968.
• Tuscany Fabrics, Inc. v. The United States
  454 F.2d 1188· C.C.P.A.· 1972-02-17 ·via Void For Vagueness Doctrine
  The court affirmed the Customs Court's classification, holding that the "significant amounts" standard in headnote 1(ii) is sufficiently definite and that the imported fabric did not impart asbestos's peculiar characteristics commercially.
• Int'l Ass'n OF Fire Fighters v. City OF Miami Beach
  36 Fla. Supp. 200· Dade Cty. Cir. Ct.· 1972-02-07
  Fire fighters challenged a Miami Beach ordinance prohibiting city employees from soliciting or participating in political activities, arguing it violated First Amendment protections. The court held the ordinance unconstitutional as overbroad and vague, relying on precedent from t
• United States v. Netski
  448 F.2d 744· 9th Cir.· 1971-08-03 ·via Void For Vagueness Doctrine
  The court held that the evidence was sufficient to sustain the conviction and that the statute was constitutional and not void for vagueness.
• Satz v. Bd. of Pub. Instruction of Dade Cnty.
  36 Fla. Supp. 38· Dade Cty. Cir. Ct.· 1971-07-14
  Parents challenged the constitutionality of Florida's corporal punishment statute and school board policy allowing paddling, arguing it violated due process and constituted cruel and unusual punishment. The circuit court upheld the statute and policy as valid and constitutional,
• State v. Garmire
  35 Fla. Supp. 207· Dade Cty. Cir. Ct.· 1971-07-12
  A Florida circuit court held that Miami's loitering ordinance was unconstitutionally vague and overbroad as applied to loitering in or about schools, colleges, parks, libraries, or university campuses without legitimate reason. The court granted habeas corpus relief and discharge
• City OF Belle Glade v. McGEHEE
  244 So. 2d 425· Fla.· 1971-02-17
  The court held that Chapter 69-54, Laws of Florida (1969), which requires county tax assessors and collectors to assess and collect municipal ad valorem taxes, is constitutional.
• Kreiling v. Field
  431 F.2d 502· 9th Cir.· 1970-09-14 ·via Constitutional Vagueness
  The court held that the petitioner's sentence was not cruel and unusual punishment and that his counsel's assistance was effective.
• Crosby v. Ellsworth
  431 F.2d 35· 9th Cir.· 1970-04-13 ·via Void For Vagueness Doctrine
  The court held that the Montana Supreme Court's interpretation of state statutes regarding bigamy is binding and not a due process violation, and that the prior marriage to Mary Lou Daniels provided a valid basis for the bigamy conviction.
• State v. Ibrahim Ramos
  232 So. 2d 381· Fla.· 1970-02-25 ·via Constitutional Vagueness
  The court held that the term 'profess' in the statute prohibiting unlicensed podiatry practice is not unconstitutionally vague.
• State v. Yanes
  231 So. 2d 212· Fla.· 1970-02-04
  The Circuit Justice granted the applications for stays, allowing candidates to run for the U.S. House of Representatives.
• Barad v. Fla. Bd. of Pharmacy
  33 Fla. Supp. 91· Palm Beach Cty. Cir. Ct.· 1969-12-03
  Barad challenges the constitutionality of a Florida statute requiring pharmacists under age 65 to complete 15 hours of continuing professional education for license renewal. The court grants summary judgment, finding the statute unconstitutionally vague, lacking adequate standard
• Heinlein v. Dade Cnty.
  33 Fla. Supp. 41· Dade Cty. Cir. Ct.· 1969-10-15 ·via Constitutional Vagueness
  The Heinleins challenged the validity of Dade County's housing code on constitutional grounds. The circuit court, following remand from the District Court of Appeal, granted a final declaratory judgment upholding the code as constitutional and denying the plaintiffs' relief.
• State v. Reese
  222 So. 2d 732· Fla.· 1969-05-07
  Florida's obscenity statute prohibiting possession of obscene material was challenged as unconstitutionally vague. The Florida Supreme Court upheld the statute as sufficiently definite under the Roth test and its subsequent elaborations, while severing the term 'immoral' as uncon
• Roemer W. Winkler v. United States
  372 F.2d 74· 5th Cir.· 1967-01-30
  The court held that the term 'concerned' in the federal statute is not unconstitutionally vague, as its meaning is clear and well-established in criminal law.
• State v. Burnette
  188 So. 2d 347· Fla. 1st DCA· 1966-06-30 ·via Vagueness
  The State appealed from a trial court's order quashing a grand jury indictment against Burnette for assault with intent to rape. The indictment failed to allege the requisite intent to commit rape, making it insufficient to charge either assault with intent to rape or attempted r
• State v. Farrell
  25 Fla. Supp. 120· Dade Cty. Cir. Ct.· 1965-07-02
  The court held that the ordinance is not invalid for uncertainty or arbitrariness, and the record supports the convictions.
• Knight & Wall Co. v. State Revenue Comm'n
  23 Fla. Supp. 179· Leon Cty. Cir. Ct.· 1964-06-23 ·via Vagueness Of Statutes
  Three Florida businesses challenged the constitutionality of a tax on fishing, hunting, camping, swimming, and diving equipment under chapter 63-527, Laws of Florida. The court upheld the statute as constitutional and applied its definitional principles to determine whether speci
• Bass v. United States
  324 F.2d 168· 8th Cir.· 1963-11-01 ·via Constitutional Vagueness
  The court held that the evidence was sufficient to support the jury's verdict and that the trial court did not err in its instructions or rulings.