Vagueness Of Statutes

230 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Gideon Bernhardt v. State
  288 So. 2d 490· Fla.· 1974-01-09 ·cited 314×
  Bernhardt challenges the constitutionality of Florida Statute 949.10, which provides that arrest on a felony charge constitutes prima facie evidence of probation violation. The Florida Supreme Court upholds the statute as neither vague nor unconstitutional, and affirms the trial
• In re T.W.
  551 So. 2d 1186· Fla.· 1989-10-05 ·cited 199×
  The Florida Supreme Court held that Florida's parental consent statute for minors seeking abortions violates the state constitution's explicit right to privacy. The court found the statute unconstitutional both because it intrudes on a fundamental privacy right that extends to mi
• L.B. v. State
  700 So. 2d 370· Fla.· 1997-10-02 ·cited 155×
  The Florida Supreme Court reversed the Second District Court of Appeal's decision that section 790.001(13)'s exception for 'common pocketknives' was unconstitutionally vague. The Court held that the term provides ordinary citizens fair notice of forbidden conduct and vacated the
• The State of Fla. ex rel. Edward H. Clarkson v. Philips
  70 Fla. 340· Fla.· 1915-11-18 ·cited 147×
  In this mandamus proceeding, the Florida Supreme Court addresses whether the 1915 game laws are unconstitutional and whether a county judge must issue a hunter's license to a resident who meets the statutory requirements. The court sustains the demurrer to the writ and upholds th
• State v. Hagan
  387 So. 2d 943· Fla.· 1980-09-04 ·cited 144×
  The Florida Supreme Court reversed a trial court's decision that invalidated a statute prohibiting the use of more than one trawl net in Charlotte Harbor waters. The Court held that the statutory terms were sufficiently definite to withstand vagueness challenges under due process
• Alvord v. State
  322 So. 2d 533· Fla.· 1975-09-17 ·cited 141×
  Gary Alvord was convicted of three counts of first-degree murder and sentenced to death for strangling three women—a mother and her two daughters—while committing burglary in Tampa, Florida. The Florida Supreme Court affirmed the conviction and death sentence, rejecting constitut
• Brown v. State
  629 So. 2d 841· Fla.· 1994-01-06 ·cited 127×
  The Florida Supreme Court consolidated three cases challenging the constitutionality of section 893.13(1)(i), which imposed enhanced drug penalties for violations within 200 feet of a public housing facility. The Court held the statute unconstitutionally vague because the phrase
• Miami Dolphins, Ltd. v. Metro. Dade Cnty.
  394 So. 2d 981· Fla.· 1981-01-29 ·cited 116×
  Miami Dolphins challenged the constitutionality of Florida's Local Option Tourist Development Act and a Dade County ordinance imposing a 2% tourist room tax to fund Orange Bowl renovations. The Florida Supreme Court affirmed that the tax was constitutional, the referendum was val
• Learie Leo Alford v. State
  307 So. 2d 433· Fla.· 1975-01-29 ·cited 115×
  Alford was convicted of rape and murder of a 13-year-old child and sentenced to death. The Florida Supreme Court upheld the conviction and death sentence, reaffirming the constitutionality of Florida's murder statute and capital punishment procedures against Furman v. Georgia cha
• Odham v. Foremost Dairies, Inc.
  128 So. 2d 586· Fla.· 1961-03-22 ·cited 112×
  The Florida Supreme Court determined it had jurisdiction to hear an interlocutory appeal from an order denying a motion for summary judgment and continuing an injunction. The case involves a milk distributor challenging the constitutionality of milk commission statutes under whic
• State v. Lewis
  364 So. 2d 1223· Fla.· 1978-10-19 ·cited 104×
  Florida's Supreme Court reversed the dismissal of theft charges against Victor Lewis, rejecting his constitutional challenges to Florida's omnibus theft statute (Section 812.014). The court held that the statute is not unconstitutionally vague, overbroad, or subject to selective
• Bouters v. State
  659 So. 2d 235· Fla.· 1995-04-27 ·cited 101×
  Scott Bouters challenges the constitutionality of Florida's stalking statute (§ 784.048) after being charged with aggravated stalking for harassing his ex-girlfriend in violation of a domestic violence injunction. The Florida Supreme Court upholds the statute, finding it neither
• United States v. Bohle
  445 F.2d 54· 7th Cir.· 1971-06-02 ·cited 101×
• Ratliff v. State
  914 So. 2d 938· Fla.· 2005-07-07 ·cited 90×
  Life sentences do not violate the Florida Constitution's prohibition against indefinite imprisonment.
• State v. Fowler
  94 Fla. 752· Fla.· 1927-10-21 ·cited 88×
  The Florida Supreme Court held that Chapter 10207 of the 1925 Acts (creating a state Board of Plumbing Commissioners and State Plumbing Inspector) was unconstitutional on two grounds: the title was misleading and did not disclose the Act's true scope, and the Act improperly deleg
• Henderson v. Antonacci
  62 So. 2d 5· Fla.· 1952-12-19 ·cited 87×
  Used car dealers challenged the constitutionality of Florida's amended Sunday closing laws (Sections 855.01 and 855.02) as applied to their business. The Florida Supreme Court held the 1951 amendments unconstitutional because the exemptions for various businesses bore no rational
• Leeman v. State
  357 So. 2d 703· Fla.· 1978-04-04 ·cited 85×
  The Florida Supreme Court affirmed a conviction for possessing a "Blue Box" device, holding that the statute prohibiting such possession for the purpose of avoiding long-distance telecommunication charges was not unconstitutionally vague. The court also found that the trial court
• Sarasota Cnty. v. Barg
  302 So. 2d 737· Fla.· 1974-04-19 ·cited 84×
  The Florida Supreme Court reviewed the constitutionality of Chapter 71-904, a special act creating the Manasota Key Conservation District with restrictions on property use, density, and environmental protection. The Court held that Section 7 and part of Section 6 were unconstitut
• United States v. Sacco
  491 F.2d 995· 9th Cir.· 1974-01-30 ·cited 84×
  The court held that 18 U.S.C. § 1955 is constitutional, not vague, and applies to lower-level participants in illegal gambling businesses.
• United States v. Marino-Garcia
  679 F.2d 1373· 11th Cir.· 1982-07-09 ·cited 81×
  The court held that 21 U.S.C.A. § 955a extends U.S. criminal jurisdiction to all stateless vessels on the high seas engaged in drug distribution, regardless of a nexus to the United States, and that such seizures do not violate the Fourth Amendment.
• United States v. Parness
  503 F.2d 430· 2d Cir.· 1974-06-27 ·cited 80×
  The court held that the evidence was sufficient to support the convictions and that the RICO statute applied to the acquisition of a foreign corporation through criminal acts affecting U.S. commerce, and that the statute was not unconstitutionally vague.
• Leslie Pearlstein, M.D. v. Malunney
  500 So. 2d 585· Fla. 2d DCA· 1986-12-10 ·cited 79×
  Defendants in a medical malpractice action sought certiorari to overturn a trial court order declaring Florida's prefiling notice requirement for medical malpractice claims unconstitutional. The appellate court held the statute constitutional and that the prefiling notice is a ma
• Sieniarecki v. State
  756 So. 2d 68· Fla.· 2000-04-27 ·cited 73×
  Theresa Sieniarecki was convicted of neglect of a disabled adult under Florida Statute § 825.102(3) for failing to provide adequate care to her mother, who died from septicemia, malnutrition, and dehydration. The Florida Supreme Court upheld the statute against constitutional cha
• Zachary v. State
  269 So. 2d 669· Fla.· 1972-11-22 ·cited 73×
  Wayne Zachary appealed his conviction for throwing a missile at a motor vehicle occupied by Robert Brostek, arguing that Florida Statute Section 790.19 was unconstitutionally vague. The Florida Supreme Court upheld the statute, finding that a person of ordinary intelligence would
• In re In the Interest of Vincent Camm
  294 So. 2d 318· Fla.· 1974-05-01 ·cited 71×
  The Florida Supreme Court upheld a trial court's permanent commitment of three children to the Division of Family Services for adoption, rejecting parents' constitutional challenge to the statute authorizing such commitments. The court held that the statute is not unconstitutiona
• Armstrong v. City OF Edgewater
  157 So. 2d 422· Fla.· 1963-11-08 ·cited 64×
  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
• Dufresne v. State
  826 So. 2d 272· Fla.· 2002-09-05 ·cited 61×
  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
• Ryan v. Ryan
  277 So. 2d 266· Fla.· 1973-03-30 ·cited 59×
  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
• United States v. Feinberg
  535 F.2d 1004· 7th Cir.· 1976-05-17 ·cited 56×
  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.
• State v. Barnum
  921 So. 2d 513· Fla.· 2005-09-22 ·cited 54×
  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
• United States v. Hill
  500 F.2d 733· 5th Cir.· 1974-09-11 ·cited 54×
  The court held that the jury instructions, by incorporating elements of both the Roth-Memoirs and Miller obscenity standards, provided the defendant with the benefit of both tests, and that the materials were not constitutionally protected under either standard. The court also re
• United States v. Carter
  311 F.2d 934· 6th Cir.· 1963-01-09 ·cited 54×
  A bona fide loan between an employer and a union representative does not violate Section 302(a) and (b) of the Taft-Hartley Act as it read prior to the 1959 amendment. However, if the transaction is a sham to conceal an illegal payment, it is a violation.
• Hutchins v. Hon. Nathan Mayo
  143 Fla. 707· Fla.· 1940-07-16 ·cited 53×
  The Florida Supreme Court reviewed by certiorari a lower court's denial of a temporary injunction against enforcement of a 1935 citrus grading law. The Court held that while the statute's delegation of power to the Florida Citrus Commission was constitutionally valid, the Commiss
• Nat'l Labor Relations Bd. v. Edward G. Budd MFG. Co.
  169 F.2d 571· 6th Cir.· 1948-08-16 ·cited 52×
  The court held that the Labor Management Relations Act of 1947 excludes supervisors from the definition of 'employee,' and therefore, the National Labor Relations Board's order protecting foremen's union activities is no longer valid.
• Golden v. McCARTY
  337 So. 2d 388· Fla.· 1976-07-30 ·cited 50×
  Section 877.04, Florida Statutes, prohibiting tattooing except by licensed physicians or dentists or under their direction, is a constitutional exercise of the state's police power as a reasonable restriction on the occupation to protect public health. The statute is neither void
• United States v. Hill
  589 F.2d 1344· 8th Cir.· 1979-01-04 ·cited 46×
  The court held that the evidence was sufficient to support the jury's guilty verdicts for illegal acquisition and possession with intent to distribute controlled substances, and that the trial court did not err in its evidentiary rulings or jury instructions.
• Williams v. United States
  179 F.2d 644· 5th Cir.· 1950-01-10 ·cited 46×
  The dissenting judge believes the conspiracy statute (18 U.S.C.A. § 241) is constitutional and sufficiently definite, and the indictment was valid, thus the conviction should be affirmed.
• United States v. Ballard
  779 F.2d 287· 5th Cir.· 1986-01-03 ·cited 44×
  The court held that the attorney-client privilege does not shield communications made for the purpose of furthering a crime or fraud, and that the defendant's civil deposition testimony was admissible as an admission by a party-opponent.
• Aztec Motel, Inc. v. State ex rel. Earl Faircloth
  251 So. 2d 849· Fla.· 1971-06-30 ·cited 44×
  The Florida Supreme Court held that statutes authorizing forfeiture of corporate charters based on illegal activities by officers, directors, stockholders, or agents are unconstitutional because they are unconstitutionally vague and fail to provide adequate notice and ascertainab
• Garden v. Frier
  602 So. 2d 1273· Fla.· 1992-07-02 ·cited 43×
  The Florida Supreme Court held that land surveyors are not "professionals" under Florida's professional malpractice statute of limitations because the state licensing requirements allow some future admittees to practice without a four-year college degree. The Court established a
• State v. Hamilton
  388 So. 2d 561· Fla.· 1980-09-18 ·cited 42×
  The Florida Supreme Court reversed a trial court's decision dismissing pollution charges against Harry Hamilton for violating Florida's Air and Water Pollution Control Act. The court held that the statute's prohibition on causing pollution that harms human health or aquatic life
• United States v. Williams
  621 F.2d 123· 5th Cir.· 1980-07-07 ·cited 40×
  The court held that the definition of extortion under the Hobbs Act, specifically "under color of official right," does not render the statute unconstitutionally vague, even without proof of coercion.
• State v. Lindsay
  284 So. 2d 377· Fla.· 1973-10-24 ·cited 40×
  The Florida Supreme Court held that Florida Statutes Section 828.19, criminalizing contributing to the delinquency of a minor, is neither unconstitutionally vague nor overbroad. The Court reversed the trial court's dismissal of charges against Lindsay and remanded for further pro
• United States v. Isobel Prince
  515 F.2d 564· 5th Cir.· 1975-07-03 ·cited 39×
  The court held that a prosecutor's statement vouching for a witness's truthfulness, while dangerous, was cured by a jury instruction, and that the statute under which defendants were prosecuted was not unconstitutionally vague. The court also held that there was insufficient evid
• United States v. Wise
  550 F.2d 1180· 9th Cir.· 1977-03-28 ·cited 38×
  The court held that 17 U.S.C. § 104 is constitutional and that most of the film distribution agreements were restricted licenses, not sales, thus constituting infringement. However, one conviction was reversed due to insufficient proof of absence of a first sale.
• United States v. Lauchli
  371 F.2d 303· 7th Cir.· 1966-12-05 ·cited 38×
  The court held that the defendant's convictions under the National Firearms Act and Federal Firearms Act were valid, and the entrapment defense was properly submitted to the jury.
• United States v. Fleet Wallace Maull
  806 F.2d 1340· 8th Cir.· 1986-12-02 ·cited 36×
  The court held that concurrent sentences for conspiracy and Continuing Criminal Enterprise (CCE) charges constitute impermissible double punishment, requiring vacation of the conspiracy conviction. Other convictions were affirmed.
• Procio Rivero Pilapil v. Immigr. & Naturalization Serv.
  424 F.2d 6· 10th Cir.· 1970-03-20 ·cited 35×
  The court held that it is not precluded from considering constitutional issues raised by an alien in a petition for review, even if not explicitly raised in the administrative record, and that a nonimmigrant student does not have a constitutional right to work without authorizati
• United States v. Davenport
  929 F.2d 1169· 7th Cir.· 1991-04-09 ·cited 34×
  The court held that the act of structuring a transaction to evade reporting requirements constitutes a single offense, not multiple offenses for each individual deposit. It also held that statements made to investigators after waiving the right to remain silent are admissible.
• Savina Home Indus., Inc. v. Sec'y OF Labor & Occupational Safety & Health Review Comm'n
  594 F.2d 1358· 10th Cir.· 1979-03-23 ·cited 34×
  The court held that the exclusionary rule is not retroactively applicable to pre-Barlow's OSHA inspections where the inspecting officer could not have known the search was unconstitutional, and that Savina's due process and Sixth Amendment claims lacked merit or standing.