Vagueness Of Statutes

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

• S.H.B. v. State
  355 So. 2d 1176· Fla.· 1977-11-30 ·cited 34×
  The Florida Supreme Court upheld a juvenile's adjudication for violating Section 871.01, which prohibits willful disturbance of school assemblies and religious gatherings. The court rejected First Amendment overbreadth challenges, holding that the statute is constitutional and ca
• Eugenio Herberto Rojas v. State
  288 So. 2d 234· Fla.· 1973-12-05 ·cited 34×
  Eugenio Rojas appealed his conviction on direct appeal to the Florida Supreme Court, challenging the constitutionality of jury selection procedures and a state statute governing grand jury pool selection. The court accepted jurisdiction only over the statutory validity issue and
• United States v. King
  532 F.2d 505· 5th Cir.· 1976-06-01 ·cited 33×
  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.
• Arnett v. State
  397 So. 2d 330· Fla. 1st DCA· 1981-04-02 ·cited 32×
  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
• 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.
• 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×
  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
• Washington v. State
  302 So. 2d 401· Fla.· 1974-09-11 ·cited 30×
  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
• Crossen v. Breckenridge
  446 F.2d 833· 6th Cir.· 1971-06-23 ·cited 30×
  Appellants Crossen and Craddock have standing and presented a case or controversy; appellant Pozzuto and the Women's Liberation Group lack standing. A three-judge court must be convened for the remaining appellants.
• United States v. Groner
  494 F.2d 499· 5th Cir.· 1974-05-24 ·cited 28×
  The court held that the defendant's convictions for transporting obscene materials were valid, affirming the prior judgment.
• United States v. Olie Duane Jones, Sr.
  480 F.2d 954· 5th Cir.· 1973-07-11 ·cited 28×
  The court held that the evidence supported a single conspiracy conviction and that the trial court did not err in admitting evidence or denying discovery motions.
• United States v. Crosson
  462 F.2d 96· 9th Cir.· 1972-05-26 ·cited 28×
  A conviction for contemptuously burning a flag under 18 U.S.C. § 700 violates the First Amendment because the statute and prosecution are aimed at suppressing communicative expression, not regulating non-communicative conduct.
• United States v. Sachs
  679 F.2d 1015· 1st Cir.· 1982-06-11 ·cited 26×
  The court affirmed the conviction and sentence, holding that the defendant's conduct constituted an unreasonable obstruction of an elevator, that his constitutional claims were waived by not being raised below, and that his sentencing was lawful.
• Lehman v. Lycoming Cnty. Child's. Servs. Agency
  648 F.2d 135· 3d Cir.· 1981-03-31 ·cited 26×
  The district court erroneously dismissed the habeas corpus petition for lack of jurisdiction.
• United States v. Swindler
  476 F.2d 167· 10th Cir.· 1973-03-27 ·cited 26×
  The court held that the evidence was sufficient to establish conveyance of a weapon within a federal penitentiary and that the statute does not require proof of specific intent to disobey the law.
• Lion Mfg. Corp. (new Lion) v. Kennedy
  330 F.2d 833· D.C. Cir.· 1964-03-05 ·cited 26×
  The court held that the district court correctly dismissed the complaint for lack of jurisdiction because the plaintiffs failed to establish a case or controversy. The plaintiffs' fears of prosecution were too speculative and generalized.
• Fla. Real Est. Comm'n v. Harris
  134 So. 2d 785· Fla.· 1961-10-25 ·cited 26×
  The Florida Supreme Court reversed a circuit court decree that enjoined enforcement of a statute authorizing the Florida Real Estate Commission to revoke a broker's registration upon confinement in a state or federal prison. The Court held that the broker's challenge was barred b
• Printing Specialties & Paper Converters Union v. LE Baron
  171 F.2d 331· 9th Cir.· 1948-12-13 ·cited 26×
  The court held that Section 8(b)(4)(A) of the Taft-Hartley Act, which prohibits certain types of secondary picketing, is constitutional and does not violate the First Amendment's free speech protections.
• Dunne v. United States
  138 F.2d 137· 8th Cir.· 1943-09-20 ·cited 26×
  The court held that the challenged sections of the Act (9, 10, and 11) are valid, and the indictment was sufficient.
• Martin Tractor Co. v. Fed. Election Comm'n
  627 F.2d 375· D.C. Cir.· 1980-05-08 ·cited 25×
  The court held that the challenges to the Federal Election Campaign Act's provisions restricting solicitation by corporate political action committees were not ripe for adjudication, either on their face or as applied.
• State v. Bussey
  444 So. 2d 63· Fla. 4th DCA· 1984-01-11 ·cited 24×
  The Fourth District Court of Appeal upheld a trial court's finding that Florida Statute § 817.563, which criminalizes the sale of a noncontrolled substance in lieu of a controlled substance, is unconstitutional. The court concluded the statute violates due process because it fail
• Mercer v. Long MFG. N.C., Inc.
  665 F.2d 61· 5th Cir.· 1982-01-04 ·cited 24×
  The court held that the jury's answers to special interrogatories regarding breach of warranty and DTPA violation were irreconcilable, requiring a new trial on those issues. The court also found the damage instruction for strict liability to be erroneous, requiring a new trial on
• United States v. Guzek
  527 F.2d 552· 8th Cir.· 1975-12-08 ·cited 24×
  The court held that the evidence was sufficient to support the convictions of the appellants for conducting an illegal gambling business under 18 U.S.C. § 1955, finding sufficient interdependence between the bookmaking operations.
• United States v. Sherpix, Inc.
  512 F.2d 1361· D.C. Cir.· 1975-05-15 ·cited 23×
  Convictions are reversed because the trial court improperly instructed the jury on obscenity using a post-offense judicial standard (Miller) rather than the pre-offense standard (Roth-Memoirs), violating due process. Additionally, the indictment was insufficient to charge Sherpix
• Samples v. Florida Birth-Related Neurological
  40 So. 3d 18· Fla. 5th DCA· 2010-06-18 ·cited 22×
  Parents of a child with birth-related neurological injuries appealed an administrative award of $100,000 in parental compensation, arguing the statute should be construed to allow $100,000 per parent rather than a single $100,000 award to both parents jointly. The court affirmed
• United States v. Tapert
  625 F.2d 111· 6th Cir.· 1980-06-16 ·cited 22×
  A physician who receives illegal kickbacks from laboratories for referring Medicaid patients is considered to have 'furnished items or services' for which federal funds are paid and received kickbacks 'in connection with' those services.
• State v. Mel J. Dinsmore
  308 So. 2d 32· Fla.· 1975-01-29 ·cited 22×
  The Florida Supreme Court reviewed three consolidated appeals challenging the constitutionality of conflict-of-interest statutes applied to a mayor accused of concealing his business interest. The Court held Section 112.313(2) unconstitutional for vagueness but found Sections 112
• Guzzardo v. Bengston
  643 F.2d 1300· 7th Cir.· 1981-03-13 ·cited 20×
  The court held that the petitioner's Sixth Amendment confrontation clause rights were not violated by hearsay remarks or opening statement summaries, and the pandering statute was not unconstitutionally vague. Furthermore, the petitioner did not receive ineffective assistance of
• A-T-O, Inc. v. Pension Benefit Guar. Corp.
  634 F.2d 1013· 6th Cir.· 1980-11-12 ·cited 20×
  The court held that the pension plan benefits were 'nonforfeitable' under ERISA, and that the PBGC correctly interpreted 'unreasonable hardship' to mean substantial economic hardship, not broader equitable considerations.
• Williams v. State
  370 So. 2d 1143· Fla.· 1979-05-03 ·cited 20×
  Gloria Williams appealed a trial court's denial of her motion to dismiss an information charging her under Florida's theft statute (§ 812.014). The Florida Supreme Court affirmed, rejecting Williams's constitutional challenges to the statute's clarity and the adequacy of the char
• Montgomery v. State
  69 So. 3d 1023· Fla. 5th DCA· 2011-09-16 ·cited 19×
  Montgomery challenges Florida's noise statute (Fla. Stat. § 316.3045) as unconstitutionally vague and overbroad after being stopped for playing loud music from his car, during which police discovered drugs. The Fifth District held the statute is not vague but is unconstitutionall
• Cuda v. State
  639 So. 2d 22· Fla.· 1994-06-30 ·cited 19×
  The Florida Supreme Court held that section 415.111(5), which criminalized the exploitation of aged persons through "improper or illegal" use of their funds, was unconstitutionally vague for failing to provide adequate notice of proscribed conduct. The Court quashed the Fifth Dis
• Comm'n ON Ethics v. Barker
  677 So. 2d 254· Fla.· 1996-05-02 ·cited 18×
  The Florida Supreme Court held that section 112.313(4), which prohibits public officials from accepting gifts they know or should know are given to influence official action, is facially constitutional despite containing a constructive knowledge element. The Court reversed the Th
• United States v. Stewart
  872 F.2d 957· 10th Cir.· 1989-04-24 ·cited 18×
  The court affirmed the convictions, holding that the mail and wire fraud statutes were not unconstitutionally vague, the indictment sufficiently alleged an offense, and the trial court properly refused jury instructions regarding intangible rights, common law fraud, and antitrust
• Wells v. State
  402 So. 2d 402· Fla.· 1981-07-30 ·cited 18×
  Sheila Wells was convicted of drug possession and introducing contraband into a state prison. The Florida Supreme Court upheld her convictions, holding that prison visitors have no reasonable expectation of privacy from searches for contraband, and that the contraband statute is
• Harris L. Kimball v. THE Florida BAR
  632 F.2d 1283· 5th Cir.· 1980-12-18 ·cited 18×
  Federal district courts lack jurisdiction to review or reverse final state court orders, even when framed as a civil rights claim.
• United States v. Alton R. Moss
  604 F.2d 569· 8th Cir.· 1979-08-16 ·cited 18×
  The court held that the defendant's actions in advising others on how to avoid federal income tax withholding were not protected by the First Amendment, an indictment was not required, and he was not illegally selectively prosecuted.
• Navarrion Johnson v. State
  701 So. 2d 367· Fla. 2d DCA· 1997-10-24 ·cited 17×
  Navarrion Johnson appealed his conviction and sentence for home invasion robbery, challenging certain probation conditions. The court affirmed his conviction and sentence but struck the $100 investigative cost and clarified that a probation condition prohibiting possession of dru
• Harmon W. Shields v. Nevin G. Smith
  404 So. 2d 1106· Fla. 1st DCA· 1981-10-08 ·cited 16×
  Harmon Shields, former executive director of Florida's Department of Natural Resources, appeals a circuit court judgment forfeiting his state retirement benefits based on his federal conviction for Hobbs Act violations. The court affirms, holding that federal convictions can trig
• State v. Little
  400 So. 2d 197· Fla. 5th DCA· 1981-07-01 ·cited 16×
  Florida appeals the dismissal of poaching charges against Robert Little, arguing that the poaching statute is not unconstitutionally vague. The appellate court reverses, holding that the statute clearly conveys what conduct is prohibited when read with common understanding and su
• United States v. Kirby
  587 F.2d 876· 7th Cir.· 1978-11-30 ·cited 16×
  The court held that the indictment's conspiracy count was sufficient, that the objects of the conspiracy fell within federal jurisdiction, and that the false statement counts were constitutionally applied.
• United States v. Persky
  520 F.2d 283· 2d Cir.· 1975-06-18 ·cited 16×
  The court held that Section 10(b) and SEC Rule 10b-5 are not unconstitutionally vague and that the jury instruction regarding the 'in connection with' requirement was proper.
• Dean Rubber Mfg. Co. v. United States
  356 F.2d 161· 8th Cir.· 1966-02-08 ·cited 16×
  The court held that the interstate shipment of defective prophylactics, even with an administrative tolerance for defects, violates the Federal Food, Drug and Cosmetic Act, and that the Act is constitutional as applied.
• Palma v. United States
  261 F.2d 93· 5th Cir.· 1958-11-26 ·cited 16×
  The court held that the statute and regulations were constitutional and not subject to the defendant's challenges.
• Beaudett v. City OF Hampton
  775 F.2d 1274· 4th Cir.· 1985-11-04 ·cited 15×
  The court held that a pro se litigant's vague references to potential claims do not obligate the district court to address issues not fairly presented, and affirmed the dismissal of the action.
• Crump v. State
  746 So. 2d 558· Fla. 1st DCA· 1999-12-14 ·cited 14×
  Reginald Crump appealed his sentences under Florida's Prison Releasee Reoffender Punishment Act following convictions for resisting arrest with violence and felony petit theft. The court rejected his constitutional challenges to the statute but vacated the felony petit theft sent
• State v. DE LA Llana
  693 So. 2d 1075· Fla. 2d DCA· 1997-05-16 ·cited 14×
  Florida appeals a county court's dismissal of a criminal charge under Fla. Stat. § 893.13(7)(a)5, which prohibits keeping or maintaining a place where controlled substances are used or sold. The appellate court reverses, holding the statute is facially constitutional and not impe
• Plante v. Dep't of Bus. & Prof'l Reg.
  685 So. 2d 886· Fla. 4th DCA· 1996-11-13 ·cited 14×
  A veterinarian licensed to work at a harness racing track appeals his suspension and $2,000 fine for administering a sodium bicarbonate solution ("milkshake") to a racehorse. The court affirms the finding that he violated Florida's prohibition on administering drugs to affect rac
• Harrington & Co., Inc. v. Tampa Port Auth.
  358 So. 2d 168· Fla.· 1978-01-19 ·cited 14×
  The court held that Section 310.28, Florida Statutes (1973), is unconstitutionally vague because it delegates licensing power without sufficient specific standards, allowing for arbitrary exercise.
• Gov't of the Virgin Islands v. Aleida Rodriguez
  423 F.2d 9· 3d Cir.· 1970-03-12 ·cited 14×
  The court held that the government must prove defendants knew the house was a house of ill fame to convict them under the vagrancy statute, and that the evidence presented was sufficient to support this finding.