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

• M.C. v. State
  695 So. 2d 477· Fla. 3d DCA· 1997-06-11 ·cited 33×
  M.C., a juvenile, was adjudicated delinquent for violating Florida's statute prohibiting disruption of school functions after she loudly protested her brother's arrest in the school office. The appellate court upheld the statute against facial challenges of unconstitutionality, f
• United States v. Mobile Materials, Inc.
  871 F.2d 902· 10th Cir.· 1989-03-22 ·cited 33×·via Vagueness
  The court held that count one of the indictment was constitutionally and procedurally defective due to vagueness, failing to provide sufficient detail to protect the appellants' due process rights.
• Loxahatchee River Env't Control Dist. v. Sch. Bd. OF Palm Beach Cnty.
  496 So. 2d 930· Fla. 4th DCA· 1986-10-29 ·cited 33×·via Void For Vagueness Doctrine
  The Loxahatchee River Environmental Control District appealed a trial court judgment holding that statutory service availability and line charges imposed on the School Board of Palm Beach County constitute prohibited impact fees under Florida law. The court affirmed, finding the
• Sauer-Getriebe KG v. White Hydraulics, Inc.
  715 F.2d 348· 7th Cir.· 1983-08-22 ·cited 33×·via Vagueness
  An arbitration clause covering "any and all disputes" governs challenges to the contract's validity, and filing suit for injunctive relief does not waive the right to arbitrate.
• United States v. UNI OIL, Inc.
  646 F.2d 946· 5th Cir.· 1981-05-19 ·cited 33×
  The court held that it has jurisdiction to hear the appeal and that the indictments are sufficient, reversing the district court's dismissal.
• United States v. King
  532 F.2d 505· 5th Cir.· 1976-06-01 ·cited 33×·via Vagueness Of Statutes
  The court held that the evidence was sufficient to support the convictions for conspiracy and engaging in the firearms business without a license, and that the trial judge properly exercised discretion regarding expert testimony and closing argument length.
• Carpentier v. State
  587 So. 2d 1355· Fla. 1st DCA· 1991-07-25 ·cited 32×
  Dennis Carpentier appealed his convictions for second-degree murder, attempted murder of a law enforcement officer, and aggravated assault, challenging the constitutionality of Florida's attempted murder of a law enforcement officer statute. The court rejected his vagueness chall
• Nat'l Advertising Co. v. City OF Fort Lauderdale
  934 F.2d 283· 11th Cir.· 1991-06-24 ·cited 32×·via Vagueness
  The court held that amendments to a city's sign code do not render a constitutional challenge moot, and the case must be decided on its merits.
• United States v. Hoyland
  914 F.2d 1125· 9th Cir.· 1990-09-14 ·cited 32×
  A defendant can be convicted of structuring bank deposits to avoid reporting requirements even if they were unaware the conduct was illegal, as long as they acted with the intent to prevent the bank from filing a report.
• Lindsey v. Thigpen
  875 F.2d 1509· 11th Cir.· 1989-05-24 ·cited 32×·via Vagueness Challenge
  The court denied all relief sought by the petitioner, including a stay of execution, appointment of new counsel, and certificates of probable cause, finding that his claims were procedurally barred, an abuse of the writ, or otherwise without merit.
• United States v. Ferguson
  776 F.2d 217· 8th Cir.· 1985-10-17 ·cited 32×·via Void For Vagueness Doctrine
  The court affirmed the conviction, holding that the appellant waived his Speedy Trial Act rights by failing to object, that the expungement of prior convictions was validly handled, and that the evidence and jury instructions were proper.
• United States v. Lane
  765 F.2d 1376· 9th Cir.· 1985-07-16 ·cited 32×·via Vagueness
  The court held that the trial court did not err in denying the motion for a continuance, nor was the indictment insufficient, and the evidence was sufficient to support the conviction for conspiracy to defraud the United States.
• The City OF Hialeah v. Rehm
  455 So. 2d 458· Fla. 3d DCA· 1984-08-07 ·cited 32×·via Vagueness
  The City of Hialeah and its police officers appealed a directed verdict judgment awarding $25,000 to Stephen Rehm for false arrest and false imprisonment. The court reversed, holding that the trial court erred in directing a verdict on liability because reasonable jurors could di
• Brooks v. Francis
  716 F.2d 780· 11th Cir.· 1983-09-15 ·cited 32×
  The court held that while prosecutorial misconduct occurred during the sentencing phase, it did not render the guilt phase fundamentally unfair. However, the misconduct during sentencing was so prejudicial that it denied the defendant a fair sentencing hearing.
• Hejira Corp. v. MacFARLANE
  660 F.2d 1356· 10th Cir.· 1981-05-05 ·cited 32×
  The court held that the Colorado Drug Paraphernalia Act's definition of drug paraphernalia, when read as 'primarily designed and intended,' is not unconstitutionally vague, and that plaintiffs have standing to challenge the Act.
• Arnett v. State
  397 So. 2d 330· Fla. 1st DCA· 1981-04-02 ·cited 32×·via Vagueness Of Statutes
  Appellant Arnett challenged the constitutionality of Florida Statute Section 947.16(3), which allows trial courts to retain jurisdiction over sentences to review parole commission release orders, arguing it violates separation of powers and due process. The court upheld the statu
• Nat'l Comm'n ON EGG Nutrition & Richard Weiner, Inc. v. Fed. Trade Comm'n
  570 F.2d 157· 7th Cir.· 1977-11-29 ·cited 32×·via Vagueness
  The court held that the FTC's order prohibiting false and misleading advertising regarding the link between egg consumption and heart disease was largely valid, but a provision requiring an additional statement was overbroad and needed modification.
• United States v. Dupree
  544 F.2d 1050· 9th Cir.· 1976-11-01 ·cited 32×
  The court held that 18 U.S.C. § 113(c) is not unconstitutionally vague because the common law definition of assault provides sufficient notice of forbidden conduct.
• Miller v. United States
  431 F.2d 655· 9th Cir.· 1970-09-16 ·cited 32×
• Goldwasser v. Brown
  417 F.2d 1169· D.C. Cir.· 1969-09-17 ·cited 32×·via Constitutional Vagueness
  The dissenting judge would remand the case for a determination of whether the Air Force had sufficient control over foreign students to be required to produce them for a hearing.
• Hattie Mae Ricks v. Dist. OF Columbia
  414 F.2d 1097· D.C. Cir.· 1968-12-23 ·cited 32×·via Void For Vagueness Doctrine
  The court held that the challenged subsections of the District of Columbia vagrancy statute are unconstitutionally vague because they fail to provide fair notice of prohibited conduct and grant excessive discretion to law enforcement.
• Donnell Douglas v. Sigler
  386 F.2d 684· 8th Cir.· 1967-11-28 ·cited 32×
  The court held that a state statute allowing for diminution of sentence based on good behavior is a conditional grant, not a vested right, and its forfeiture does not raise a federal constitutional issue unless administrative due process is violated.
• Major v. State
  180 So. 2d 335· Fla.· 1965-11-17 ·cited 32×
  The court held that an information charging a violation of F.S. § 817.41 (misleading advertising) is sufficient if it tracks the statute, and the statute does not require proof of all elements of obtaining money by false pretenses.
• Mills v. Hunter
  204 F.2d 468· 10th Cir.· 1953-04-28 ·cited 32×·via Void For Vagueness Doctrine
  The court held that the Texas sentence was not void for vagueness and did not run concurrently with other sentences, thus petitioner had not fully served his time.
• Creech v. A.J. Arave
  947 F.2d 873· 9th Cir.· 1991-03-27 ·cited 31×
  The panel erred in holding that Idaho's statutory aggravating factor of 'utter disregard for human life' is unconstitutionally vague, failing to give adequate deference to the Idaho Supreme Court's limiting construction.
• United States v. van Hawkins
  899 F.2d 852· 9th Cir.· 1990-03-27 ·cited 31×·via Void For Vagueness Doctrine
  The court held that the statutes penalizing trafficking of cocaine base are not unconstitutionally vague, as they provide sufficient notice of prohibited conduct and guidelines for law enforcement.
• Schwartzmiller v. Darrol Gardner
  752 F.2d 1341· 9th Cir.· 1984-12-20 ·cited 31×·via Void For Vagueness Doctrine
  The court held that the statute was not unconstitutionally vague as applied to the defendant's conduct, but reversed the district court's finding of facial vagueness.
• M.S. News Co. a Kan. Corp. v. Casado
  721 F.2d 1281· 10th Cir.· 1983-11-16 ·cited 31×
  The court held that the Wichita ordinance prohibiting the promotion of sexually oriented materials to minors is constitutional, rejecting claims of overbreadth, vagueness, equal protection violation, prior restraint, and Sixth Amendment jury trial infringement.
• Shawgo v. Spradlin
  701 F.2d 470· 5th Cir.· 1983-03-28 ·cited 31×·via Vagueness Of Regulations
  The court held that the plaintiffs were afforded due process through a post-suspension hearing and that their privacy interests were not violated by the disciplinary actions taken by the police department.
• United States v. Womack
  654 F.2d 1034· 5th Cir.· 1981-08-31 ·cited 31×
  The court held that the statute's delegation of authority to the Secretary of the Treasury to define explosives was constitutional, the definition was not unconstitutionally vague, and the defendant's conviction was supported by sufficient evidence.
• State v. DeCarr D. Covington and Arthur Rodriguez
  392 So. 2d 1321· Fla.· 1981-01-15 ·cited 31×
  The Florida Supreme Court affirmed the dismissal of two counts charging securities law violations against board members of a special taxing district, but on grounds of insufficient notice in the charging document rather than constitutional vagueness. The court held that when a st
• Hart Book Stores, Inc. v. Edmisten
  612 F.2d 821· 4th Cir.· 1979-12-04 ·cited 31×
  The North Carolina statute prohibiting multiple adult establishments in one building is constitutional, as it is a permissible place and manner regulation that serves substantial state interests unrelated to suppressing expression.
• Hirschkop v. Hon. Harold F. Snead
  594 F.2d 356· 4th Cir.· 1979-03-02 ·cited 31×
  The court concurred with the majority opinion, finding that the state's interest in protecting the integrity of the judicial process, beyond individual fair trial rights, justifies certain restrictions on lawyer speech.
• United States v. Manfred Swarovski
  592 F.2d 131· 2d Cir.· 1979-02-08 ·cited 31×·via Unconstitutional Vagueness
  The court affirmed the conviction, holding that the State Department regulations were not unconstitutionally vague and that warrantless searches at the border were permissible.
• State v. Joyce
  361 So. 2d 406· Fla.· 1978-07-27 ·cited 31×
  Section 827.04(2), Florida Statutes, criminalizing willful or culpably negligent deprivation of necessary food, clothing, shelter, or medical treatment, or knowingly or culpably negligently permitting material endangerment of a child's physical or mental health, is not unconstitu
• United States v. Seuss
  474 F.2d 385· 1st Cir.· 1973-02-16 ·cited 31×·via Vagueness Of Statutes
  The court held that the statute prohibiting inspectors from accepting gifts from entities engaged in interstate commerce is not unconstitutionally vague and applies to employees, not just proprietors. Evidence of pre-statute of limitations acts was admissible to prove the conspir
• State v. Coleen Marie Magee
  259 So. 2d 139· Fla.· 1972-02-16 ·cited 31×
  The Florida Supreme Court upheld Fla. Stat. § 877.03 against a vagueness challenge, holding that the statute's prohibition on acts that "corrupt the public morals or outrage the sense of public decency" provides sufficient notice to average citizens of what conduct is prohibited.
• State v. COX
  627 So. 2d 1210· Fla. 2d DCA· 1993-12-01 ·cited 30×·via Vagueness Challenge
  Cox and Jackman, who disclosed they are homosexual, were denied the opportunity to apply for adoption under Florida Statute § 63.042(3), which prohibits homosexuals from adopting. The trial court ruled the statute unconstitutional on vagueness, privacy, due process, and equal pro
• Richmond v. Lewis
  948 F.2d 1473· 9th Cir.· 1990-12-26 ·cited 30×
  The court held that the panel erred in its harmless error analysis by incorrectly assuming Arizona is not a weighing state, which requires reevaluation when an invalid aggravating factor is present.
• United States v. Eklund
  733 F.2d 1287· 8th Cir.· 1984-05-04 ·cited 30×
  The court held that the defendant's failure to register with the Selective Service System constituted a continuing offense, and that his claim of selective prosecution failed because he did not demonstrate an impermissible motive by the government.
• J-R Distribs., Inc. v. Eikenberry
  725 F.2d 482· 9th Cir.· 1984-02-06 ·cited 30×
  The majority opinion is flawed in holding that the use of the word 'lust' in defining prurient interest renders a statute facially overbroad under the First Amendment.
• Hall v. Bd. OF Sch. Comm'rs OF Mobile Cnty.
  681 F.2d 965· 5th Cir.· 1982-08-02 ·cited 30×
  The court held that school policies regulating literature distribution (KIA and KIB) were unconstitutional both facially and as applied due to vagueness and overbreadth, but policies regulating visitors (KM and GBRBB) were not facially unconstitutional.
• Irvington Moore v. The Occupational Safety & Health Review Comm'n & F. Ray Marshall
  556 F.2d 431· 9th Cir.· 1977-06-20 ·cited 30×
• United States v. Cartano
  534 F.2d 788· 8th Cir.· 1976-04-13 ·cited 30×
  The court held that the indictment was sufficient, the Iowa gambling statute was not unconstitutionally vague, the jury instructions were adequate, and the evidence was sufficient to support the conviction.
• United States ex rel. Frank Stachulak v. Coughlin
  520 F.2d 931· 7th Cir.· 1975-08-06 ·cited 30×
  Due process requires that the state prove a person is sexually dangerous beyond a reasonable doubt for commitment under the Illinois Sexually Dangerous Persons Act.
• Washington v. State
  302 So. 2d 401· Fla.· 1974-09-11 ·cited 30×·via Vagueness Of Statutes
  The Florida Supreme Court affirmed the conviction of four male inmates for rape under Section 794.01(2), holding that the statute is not unconstitutionally vague and that rape includes forcible anal intercourse with male victims. This case established that males are entitled to e
• United States v. Ramsey
  503 F.2d 524· 7th Cir.· 1974-08-06 ·cited 30×·via Vagueness
  Title III of the Omnibus Crime Control and Safe Streets Act of 1968 is not unconstitutional on its face, and the appellant lacked standing to challenge the minimization requirement of the wiretap order.
• In re Bithoney
  486 F.2d 319· 1st Cir.· 1973-10-23 ·cited 30×
  The court held that an attorney's repeated filing of frivolous immigration appeals, especially after a specific warning, and his failure to diligently prosecute some appeals, constituted conduct unbecoming a member of the bar, warranting disciplinary action.
• Francisco Enters., Inc. v. Kirby
  482 F.2d 481· 9th Cir.· 1973-07-19 ·cited 30×
  The court held that res judicata principles precluded the federal district court from entertaining the appellant's complaint, as the California Department of Alcoholic Beverage Control is considered a state court of limited jurisdiction.
• United States v. Rodriquez-Camacho
  468 F.2d 1220· 9th Cir.· 1972-10-31 ·cited 30×
  The court held that 21 U.S.C. § 841(a)(1) is not unconstitutionally vague and sufficiently states an offense against the United States, as Congress has the power to regulate intrastate activities affecting interstate commerce.