Vagueness Of Statutes

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

• Robinson v. Fed. Commc'ns Comm'n
  334 F.2d 534· D.C. Cir.· 1964-03-19 ·cited 14×
• Christian v. State
  272 So. 2d 852· Fla. 4th DCA· 1973-02-08 ·cited 13×
  James Edward Christian was convicted of first-degree murder for killing a woman during an attempted sexual assault. The Fourth District Court of Appeal reversed his conviction because the felony murder theory used at trial was based on Florida's unconstitutional "crime against na
• State v. Hoyt
  609 So. 2d 744· Fla. 1st DCA· 1992-12-07 ·cited 12×
  Florida appealed three orders from Clay County Court that struck down Florida Statute § 370.11(3) as unconstitutionally vague and overbroad. The statute regulated shad fishing, including prohibiting fishing between Saturday sundown and Monday sunrise. The First District Court of
• Miller v. Dugger
  858 F.2d 1536· 11th Cir.· 1988-11-01 ·cited 12×
  The court held that appellate counsel was not ineffective for failing to raise claims that lacked merit, and therefore, the petition for a writ of habeas corpus should be denied.
• State v. ROU
  366 So. 2d 385· Fla.· 1978-11-09 ·cited 12×
  The Florida Supreme Court upheld a trial court's dismissal of criminal charges against a county commissioner, finding that Florida Statutes Section 112.313(3), which prohibited public officials from using their position to secure "special privileges or exemptions," was unconstitu
• Roberts v. State
  329 So. 2d 296· Fla.· 1976-03-17 ·cited 12×
  John David Roberts was charged with operating a motor vehicle with an unlawful blood alcohol level of 0.10% or above in violation of Florida Statute 316.028(3). On direct appeal, Roberts challenged the statute's constitutionality on grounds that it was not reasonably related to t
• Stamler v. Honorable Edwin E. Willis
  371 F.2d 413· 7th Cir.· 1966-11-10 ·cited 12×
• State ex rel. Farber v. Honorable Gene Williams
  183 So. 2d 537· Fla.· 1966-02-23 ·cited 12×
  The Florida Supreme Court upheld the constitutionality of Fla. Stat. § 877.02(1), which criminalizes the solicitation of legal business by attorneys or their agents, rejecting a petitioner's challenges that the statute was unconstitutionally vague and infringed First Amendment ri
• State v. Presidential Women's Ctr.
  707 So. 2d 1145· Fla. 4th DCA· 1998-02-18 ·cited 11×
  Florida abortion clinics challenged the constitutionality of the 1997 Women's Right to Know Act under both federal and state constitutions. The trial court temporarily enjoined enforcement of the law, and the appellate court affirmed, finding the clinics had established a substan
• Hancock Advertising, Inc. v. Dep't OF Transp.
  549 So. 2d 1086· Fla. 3d DCA· 1989-09-26 ·cited 11×
  Hancock Advertising appeals a Department of Transportation order requiring removal of an outdoor advertising sign located near the intersection of I-95 and State Road 836 in Miami. The court reversed, holding that the sign is located "on" State Road 836, not I-95, and therefore f
• Alvord v. Wainwright
  564 F. Supp. 459· M.D. Fla.· 1983-05-05 ·cited 11×
  The court held that a defendant's expressed unwillingness to raise a defense does not absolve counsel of the responsibility to investigate and present that defense, especially when the defense is the only plausible one.
• State v. Brown
  412 So. 2d 426· Fla. 4th DCA· 1982-04-14 ·cited 11×
  Florida appeals the dismissal of a criminal information charging Leonard Brown with illegally disposing of school bus tire carcasses without competitive bidding in violation of Section 274.06, Florida Statutes. The trial court struck down the statute as unconstitutionally vague,
• Liner v. Workers Temp. Staffing, Inc.
  990 So. 2d 473· Fla.· 2008-07-31 ·cited 10×
  The Florida Supreme Court reversed the Fourth District's decision invalidating a labor law statute regulating transportation charges for day laborers. The Court held that Workers Temporary Staffing, Inc. did not violate the law by charging $1.50 for site-to-site transportation, a
• Kennan Nephew v. State
  580 So. 2d 305· Fla. 1st DCA· 1991-05-24 ·cited 10×
  Kennan Nephew appealed his conviction for attempted first-degree murder of a law enforcement officer and related offenses, challenging the constitutionality of Florida's mandatory 25-year minimum sentence for attempted murder of a law enforcement officer. The court affirmed the c
• Schoffner v. Commissioner OF Internal Revenue
  812 F.2d 292· 6th Cir.· 1987-02-26 ·cited 10×
  The court held that the plaintiff's tax return issues were without merit and that the appeal was frivolous, warranting damages.
• McDONALD v. The United States
  531 F.2d 490· Ct. Cl.· 1976-02-18 ·cited 10×
  The court held that the Uniform Code of Military Justice's combination of roles for the convening authority does not, on the facts presented, violate the Due Process Clause.
• Worthy v. United States
  409 F.2d 1105· D.C. Cir.· 1968-08-06 ·cited 10×
  The dissenting judge would hold that a search incident to an arrest under a potentially unconstitutional vagrancy statute is unreasonable under the Fourth Amendment, and the evidence seized should be excluded.
• Martin v. State
  747 So. 2d 474· Fla. 5th DCA· 1999-12-30 ·cited 9×
  A pocketknife can qualify as a deadly weapon in an aggravated battery prosecution when used in a manner likely to produce great bodily harm, and the trial court's conviction was affirmed.
• Livingston v. Garmire
  442 F.2d 1322· 5th Cir.· 1971-05-10 ·cited 9×
  A federal court cannot enjoin a pending state criminal prosecution unless the plaintiff proves great and immediate irreparable injury, and mere vagueness or overbreadth of a statute is insufficient without bad faith or harassment.
• Weeks v. State
  146 So. 3d 81· Fla. 1st DCA· 2014-08-26 ·cited 8×
  Section 790.23, Florida Statutes, is unconstitutionally vague regarding possession of a replica of an antique firearm by a convicted felon, as the term 'replica' lacks a clear definition providing fair notice.
• Jones v. Cont'l Ins.
  670 F. Supp. 937· S.D. Fla.· 1987-09-22 ·cited 8×
  The court held that Florida Statutes Section 624.155(1)(b)(1) applies to first-party actions and is not unconstitutionally vague or overbroad, and that the plaintiff stated a claim under it. The court also dismissed claims for intentional infliction of emotional distress and tort
• Citizens FOR John W. Moore Party v. Bd. OF Election Comm'rs OF the City OF Chicago
  794 F.2d 1254· 7th Cir.· 1986-07-08 ·cited 8×
  Illinois Election Code § 10-4, prohibiting individuals from circulating petitions for more than one party in an election season, does not unconstitutionally burden First Amendment rights of speech and association.
• State v. Short
  483 So. 2d 10· Fla. 2d DCA· 1985-10-25 ·cited 8×
  The Florida Second District Court of Appeal reversed a trial court's dismissal of an indictment against a sheriff for official misconduct, holding that Florida's official misconduct statute—specifically the provision criminalizing falsification of official records—is constitution
• The United States Jaycees v. McCLURE
  709 F.2d 1560· 8th Cir.· 1983-06-07 ·cited 8×
  The dissent argues that the Jaycees' right of association can be subordinated to the state's interest in preventing sex discrimination in public accommodations, and that the statute is neither vague nor overbroad as applied.
• State v. Perkins
  436 So. 2d 150· Fla. 2d DCA· 1983-02-11 ·cited 8×
  Florida appeals the dismissal of charges against defendants who violated a special state law prohibiting net fishing within 50 yards of docks or piers in Pinellas County. The trial court found the law unconstitutional as lacking rational basis and serving only private interests.
• State v. Se. Fisheries Ass'n, Inc.
  415 So. 2d 1326· Fla. 1st DCA· 1982-06-18 ·cited 8×
  Florida's Department of Natural Resources appealed a trial court's summary judgment invalidating a statute prohibiting the use and possession of fish traps. The First District Court of Appeal reversed, holding the statute is not unconstitutionally vague, not preempted by federal
• KAY v. Austin
  621 F.2d 809· 6th Cir.· 1980-04-30 ·cited 8×
  The court held that the plaintiff lacked standing to challenge the statute's constitutionality due to his failure to pursue alternative ballot access methods and that laches barred his claim for equitable relief due to his significant delay in filing suit.
• Woodward v. State
  379 So. 2d 664· Fla. 5th DCA· 1980-01-16 ·cited 8×
  Sheldon Woodward appeals his conviction for possession of more than 100 pounds of cannabis under Florida law. The court affirms the conviction, rejecting constitutional challenges to the statute and finding sufficient evidence that Woodward possessed the prohibited drug, even tho
• Fiske v. State
  366 So. 2d 423· Fla.· 1978-12-21 ·cited 8×
  Fiske was convicted of felony possession of psilocybin after being found with wild mushrooms containing the controlled substance. The Florida Supreme Court reversed his conviction, holding that the statute criminalizing psilocybin violated due process because it failed to give fa
• State v. Nichols
  892 So. 2d 1221· Fla. 1st DCA· 2005-02-15 ·cited 7×
  The State appealed a county court order declaring Florida Statute § 370.093(2)(b), which prohibits use of monofilament nets, unconstitutionally vague. The appellate court reversed, holding that the term "monofilament" has a fixed and definite meaning well understood in the fishin
• Steigerwalt v. The City OF ST. Petersburg
  316 So. 2d 554· Fla.· 1975-07-02 ·cited 7×
  A Florida police officer with over 12 years of service was discharged for wanton or willful neglect and denied his pension under a legislative act. The officer challenged the constitutionality of the pension forfeiture provision as arbitrary and violating due process, but the Flo
• Sexton v. State
  146 So. 3d 515· Fla. 2d DCA· 2014-08-13 ·cited 6×
  Roger Louis Sexton appealed an order modifying his probation to require completion of a batterers' intervention program, arguing his 2011 conviction for possession of a firearm by a convicted felon should be vacated based on a First District decision finding the relevant statute
• Sieniarecki v. State
  724 So. 2d 626· Fla. 4th DCA· 1998-12-30 ·cited 6×
  The court held that the statutes criminalizing neglect of a disabled person are not facially unconstitutional for lacking a specific intent requirement or for vagueness, and that a right to privacy cannot be asserted vicariously.
• Glendale Fed. Sav. & Loan Ass'n v. State
  587 So. 2d 534· Fla. 1st DCA· 1991-09-30 ·cited 6×
  Financial institutions and insurance agencies challenged Florida's statute restricting insurance agents employed by banks and savings and loan associations as unconstitutionally vague, violating equal protection and due process, and preempted by federal law. The court affirmed su
• Sibley v. State
  586 So. 2d 1245· Fla. 1st DCA· 1991-09-23 ·cited 6×
  Darryl Sibley appeals his conviction for attempted first-degree murder of a law enforcement officer and his sentence as a habitual felony offender to life imprisonment with a 25-year minimum mandatory. The appellate court affirmed the conviction but reversed the habitual offender
• Thernes v. City OF Lakeside Park
  779 F.2d 1187· 6th Cir.· 1986-01-06 ·cited 6×
  The court held that the ordinance's absolute prohibition of radio antennas, while permitting television antennas, is arbitrary, capricious, and violates equal protection.
• Chicago Lock Co. v. Morris v. Fanberg and Victor Fanberg
  676 F.2d 400· 9th Cir.· 1982-05-06 ·cited 6×
  The court held that the Fanbergs' acquisition and publication of key code correlations, obtained from locksmiths who reverse-engineered them, did not constitute the use of 'improper means' under trade secret law, and thus did not violate California's unfair business practice stat
• Turoso v. The Cleveland Mun. Court
  674 F.2d 486· 6th Cir.· 1982-02-04 ·cited 6×
  The dissenting judge argues that the majority's attempt to save the Ohio obscenity statute by reinterpreting it is unconstitutional and violates the First Amendment.
• State v. Wagner
  403 So. 2d 1349· Fla. 5th DCA· 1981-09-09 ·cited 6×
  Section 480.047, Florida Statutes prohibits falsely representing oneself as a licensed masseur, not the practice of massage itself. To prove a violation, the State must show that the defendant represented himself as administering massage for compensation, represented he was licen
• Meyer v. State
  402 So. 2d 527· Fla. 3d DCA· 1981-08-18 ·cited 6×
  Dr. Carl Meyer, a veterinarian at Florida racetracks, challenged the Division of Pari-Mutuel Wagering's decision revoking his occupational license and imposing a $2,000 fine for administering Sublimaze to racehorses in violation of state regulations. The Florida appellate court a
• Avrech v. The Sec'y OF the Navy
  520 F.2d 100· D.C. Cir.· 1975-09-26 ·cited 6×
  The dissenting judge argues that the conviction should be vacated because the court-martial instruction on the First Amendment rights was legally incorrect.
• United States v. Goyette
  458 F.2d 992· 9th Cir.· 1972-03-30 ·cited 6×
  The court held that the evidence was sufficient to prove unlawful intent and the statute was not unconstitutionally vague.
• United States v. Madril
  445 F.2d 827· 9th Cir.· 1971-07-02 ·cited 6×
  The court held that the detention and search were lawful, and the conviction was based on a constitutional statute and properly admitted evidence.
• Jones v. Peyton
  411 F.2d 857· 4th Cir.· 1969-06-02 ·cited 6×
  The court held that the warrantless searches were unreasonable because the antecedent arrests lacked probable cause, violating the Fourth and Fourteenth Amendments.
• Cesin v. State
  288 So. 2d 473· Fla.· 1974-01-16 ·cited 5×
  Michael Cesin was charged with riding a motorcycle without wearing prescribed protective headgear under Florida Statute 316.287. The Florida Supreme Court upheld the constitutionality of the statute against Cesin's challenge that it unconstitutionally delegated legislative power
• United States v. Henderson
  121 F.2d 75· D.C. Cir.· 1941-04-07 ·cited 5×
  The court held that the statute defining negligent homicide was sufficiently certain to be constitutional, and the information charging the offense was adequate to apprise the accused of the nature of the accusation.
• State v. Presidential Women's Ctr.
  884 So. 2d 526· Fla. 4th DCA· 2004-10-13 ·cited 4×
  Florida's appellate court affirmed a trial court judgment striking down the state's abortion informed-consent statute (the "Women's Right to Know Act") as unconstitutional under the Florida Constitution's explicit right to privacy. The court found the statute impermissibly intrud
• State v. Mark Marks, P.A.
  758 So. 2d 1131· Fla. 4th DCA· 2000-03-29 ·cited 4×
  Florida appealed the dismissal of insurance fraud charges against a law firm and its associates after a trial judge engaged in extensive ex parte communications with prosecutors regarding the crime-fraud exception to attorney-client privilege. The appellate court affirmed the dis
• Cooper v. State
  585 So. 2d 489· Fla. 5th DCA· 1991-09-12 ·cited 4×
  Dennis Cooper was convicted of possessing motor vehicles with removed visible vehicle identification numbers. The court affirmed, holding that a statute prohibiting possession of vehicles with removed identification numbers applies to removal of the visible VIN even if a conceale
• Samuel Eubanks, M.D. v. Wilkinson
  937 F.2d 1118· 6th Cir.· 1991-07-03 ·cited 4×
  The district court did not err in severing unconstitutional provisions of Kentucky's parental consent statute, as these provisions were not essential to the statute's overall purpose.