Vagueness Of Statutes

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

• State v. Carswell
  557 So. 2d 183· Fla. 3d DCA· 1990-02-20 ·cited 4×
  The State appealed a trial court's dismissal of a criminal information charging Carswell with operating an aircraft in a careless or reckless manner under Florida Statute § 860.13. The trial court had ruled the statute unconstitutional on three grounds, but the appellate court re
• State v. Falcon
  556 So. 2d 762· Fla. 2d DCA· 1990-01-26 ·cited 4×
  Florida appealed the dismissal of an embezzlement charge against a contractor, arguing that section 713.34(3) was constitutional. The Second District Court of Appeal held that while the underlying embezzlement charge was valid, the statutory provision creating a prima facie evide
• State v. Leslie W. Parish, Jr.
  509 So. 2d 1365· Fla. 2d DCA· 1987-07-22 ·cited 4×
  Florida's Second District Court of Appeal reversed a county court's finding that section 843.06, Florida Statutes (requiring citizens to assist law enforcement officers upon request), was unconstitutionally vague and overbroad. The court held the statute provides sufficient notic
• State v. Salvadore Saiez
  469 So. 2d 927· Fla. 3d DCA· 1985-05-28 ·cited 4×
  Florida appealed the dismissal of two counts charging Salvadore Saiez with possession of credit card embossing machines under section 817.63. The trial court dismissed the counts finding that provision unconstitutionally vague and overbroad, and the appellate court affirmed, hold
• DOE v. Staples
  706 F.2d 985· 6th Cir.· 1983-05-06 ·cited 4×
  The court should have abstained from deciding constitutional questions regarding child removal under the Pullman abstention doctrine.
• Remy Morales v. State
  407 So. 2d 230· Fla. 3d DCA· 1981-11-10 ·cited 4×
  Remy Morales was convicted of making a counterfeit Indiana operator's license in violation of Florida Statute Section 831.29. On appeal, he challenged the statute as unconstitutionally vague and overbroad, and argued the evidence was insufficient due to discrepancies between his
• Crossley v. State
  334 So. 2d 17· Fla.· 1976-05-28 ·cited 4×
  The court affirmed a conviction for violating a statute prohibiting firearm possession by felons, finding the statute constitutional despite the defendant's argument that an exemption for those with restored civil rights was unconstitutionally vague.
• Myron M. Amato v. Divine
  496 F.2d 441· 7th Cir.· 1974-03-12 ·cited 4×
  The court held that the Wisconsin statute prohibiting the sale of obscene materials was unconstitutionally vague under the standards established in Miller v. California, thus requiring reversal of the conviction.
• Reed v. Giarrusso
  462 F.2d 706· 5th Cir.· 1972-06-26 ·cited 4×
  The court held that the plaintiffs possessed the requisite standing to maintain their suit challenging the constitutionality of municipal ordinances, despite the dismissal of their original charges.
• Fort v. Daley
  431 F.2d 1128· 7th Cir.· 1970-08-07 ·cited 4×
  The court held that the district court erred in striking plaintiffs' motions for a three-judge court and temporary restraining order solely for failure to file supporting briefs, and that dismissal issues should be decided by a three-judge court if convened.
• United States v. Rutherford
  332 F.2d 444· 2d Cir.· 1964-05-27 ·cited 4×
  The court held that the statute criminalizing the imparting of false information about an attempt to commit a crime is constitutional as applied to the defendant's false bomb report, and the indictment was not defective.
• Watkins v. United States
  233 F.2d 681· D.C. Cir.· 1956-04-23 ·cited 4×
  The court held that the questions asked by the Committee on Un-American Activities were pertinent to a valid legislative purpose and authorized by statute, and that the First Amendment did not protect the witness's refusal to answer.
• Lindemuth v. State
  247 So. 3d 635· Fla. 3d DCA· 2018-05-16 ·cited 3×
  Ryan Charles Lindemuth appeals his conviction for interfering with the custody of a minor under Florida Statute section 787.03(1). The trial court convicted Lindemuth of attempting to entice a fourteen-year-old minor into his car by offering money, and he was sentenced to five ye
• Femesha Foster v. State
  937 So. 2d 742· Fla. 4th DCA· 2006-09-01 ·cited 3×
  The court held that the term 'poison' in section 859.01, Florida Statutes, is not unconstitutionally vague because it has a plain and ordinary meaning understandable by a person of ordinary intelligence.
• Roque v. State
  664 So. 2d 928· Fla.· 1995-09-21 ·cited 3×
  The court held that section 838.15, Florida Statutes (Supp.1990), is unconstitutionally vague and susceptible to arbitrary application.
• Reilly v. Florida
  847 F. Supp. 951· M.D. Fla.· 1994-03-31 ·cited 3×
  The court denied Petitioner's writ of habeas corpus, finding his claims regarding the constitutionality of Florida statutes, double jeopardy, sufficiency of evidence, right to self-representation, and state sentencing procedures lacked merit or were not reviewable.
• Jenkins v. State
  791 So. 2d 1119· Fla. 4th DCA· 2000-12-06 ·cited 2×
• Hammett v. State
  700 So. 2d 21· Fla. 5th DCA· 1997-08-15 ·cited 2×
• Gilbreath v. State
  629 So. 2d 962· Fla. 2d DCA· 1993-12-22 ·cited 2×
  The court held that the statute prohibiting obscene or harassing telephone calls is constitutional as amended.
• State v. S.R.
  607 So. 2d 511· Fla. 5th DCA· 1992-11-13 ·cited 2×
  The court held that a petition for delinquency alleging trespass on school grounds after warning was not defective for failing to specify the exact date of the warning.
• Brecheisen v. Eloy Mondragon
  833 F.2d 238· 10th Cir.· 1987-11-12 ·cited 2×
  The court held that a conviction for criminal sexual penetration (CSP) did not violate the Double Jeopardy Clause, the CSP statute was not unconstitutionally vague or overbroad, and there was sufficient evidence to support the conviction.
• Artway v. Pallone
  672 F.2d 1168· 3d Cir.· 1982-02-17 ·cited 2×
  The federal district court properly dismissed the civil rights complaint, as federal courts are generally precluded from interfering with state criminal proceedings and the plaintiff's claims are primarily cognizable through federal habeas corpus after exhausting state remedies.
• LEE v. State
  397 So. 2d 684· Fla.· 1981-04-16 ·cited 2×
  Dwight Lee challenged the constitutionality of Florida Statute § 918.14(3)(a)(1), which criminalizes placing a witness in fear by threat of force. The Florida Supreme Court upheld the statute as sufficiently definite and not unconstitutionally vague, affirming Lee's conviction.
• Hixson v. Housewright
  642 F.2d 242· 8th Cir.· 1981-03-04 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, finding sufficient evidence to support the conviction for theft by deception and upholding the constitutionality of the relevant statute.
• Lt. Edward G. Little v. REO Hill Fisheries
  322 So. 2d 557· Fla.· 1975-11-05 ·cited 2×
  The Florida Supreme Court upheld a trial court's declaration that Section 370.151, Florida Statutes, was unconstitutionally vague and unenforceable because it used defective legal descriptions ('north longitude' instead of 'west longitude') to define a prohibited shrimping area,
• United States v. Moises Cantu
  501 F.2d 1019· 7th Cir.· 1972-10-06 ·cited 2×
  The court held that the trial court did not err in denying the motion to suppress identification evidence, that the jury instructions were adequate, and that the statute was not unconstitutionally vague.
• Pennsylvania ex rel. Judith Rothenberg (Beers) v. Beers
  450 F.2d 783· 3d Cir.· 1971-11-03 ·cited 2×
  Removal under 28 U.S.C. § 1443(1) is improper when the alleged denial of rights is not based on racial equality.
• S. Ry. Co. v. Mrs. Opal Shealey
  382 F.2d 752· 5th Cir.· 1967-08-09 ·cited 2×
  The court held that the jury charges were substantially covered, evidence of train speed at a prior location was admissible, and the verdict was valid even if based on either a public or private road theory.
• United States v. Pellegrino Millo
  354 F.2d 224· 2d Cir.· 1965-12-15 ·cited 2×
  The court held that the wagering tax statutes do not violate the Fifth Amendment privilege against self-incrimination and were not void for vagueness, and that there was sufficient evidence of wilfulness and engagement in the wagering business.
• Fla. Fruit & Produce, Inc. v. United States
  117 F.2d 506· 5th Cir.· 1941-02-13 ·cited 2×
  The court held that the Fair Labor Standards Act is constitutional and that the trial court did not err in its rulings regarding the evidence or the statute's application.
• Donnie W. Reynolds v. State
  383 So. 2d 228· Fla.· 1980-04-24 ·cited 1×
  Junkyard owners appealed a trial court order upholding the constitutionality of a Florida statute requiring record-keeping of motor vehicles acquired as salvage. The Florida Supreme Court rejected challenges that the statute was unconstitutionally vague and constituted an unlawfu
• Zediker v. State
  218 So. 2d 464· Fla. 3d DCA· 1969-02-04 ·cited 1×
  Gene and Betty Zediker were convicted of contributing to the delinquency of a minor under Florida Statute § 828.21 after allowing their daughter to host a party at their home where an intoxicated guest was later found in a ditch. The Florida District Court of Appeal granted certi
• De Fernandez v. Crowley Mar. Corp.
  S.D. Fla.· 2022-03-23
  The court held that plaintiffs have standing to sue under the Act, sufficiently allege trafficking, and that the Act is not unconstitutional, but dismissed claims by estates and heirs who acquired their rights after the statutory deadline.
• Morales v. Sec'y, Dep't of Corr. (Hillsborough)
  M.D. Fla.· 2021-06-10
  The petition for a writ of habeas corpus is denied because the claims are procedurally barred or waived by a guilty plea.
• Williams v. United States
  M.D. Fla.· 2020-10-30
  The court held that the petitioner's claims of ineffective assistance of counsel and other grounds for vacating his sentence were procedurally barred, refuted by the record, or otherwise without merit.
• Yates v. State
  787 So. 2d 832· Fla.· 2001-05-31
  The court held that the appellant's challenges to his sentence under the Prison Releasee Reoffender Act had already been addressed by this Court in prior decisions.
• Hobby v. State
  761 So. 2d 1234· Fla. 2d DCA· 2000-07-12
  Kevin Hobby was convicted of selling drugs within 1,000 feet of a church under Florida Statute 893.13(1)(e), which enhances penalties for drug crimes near places of worship. Hobby challenged the statute as unconstitutionally vague, violative of due process and equal protection, a
• State v. Sailer
  645 So. 2d 1114· Fla. 3d DCA· 1994-12-07
  The court held that the statute prohibiting a notary public from falsely or fraudulently taking an acknowledgment is not unconstitutionally vague.
• Rubin C. McGAHEE v. State
  561 So. 2d 333· Fla. 1st DCA· 1990-04-18
  Rubin McGahee was convicted of rape of a female child under age 10 based on oral sexual contact in 1971-1972. The court reversed his conviction, holding that the oral copulation conduct was not punishable as rape under the rape statute as it existed in 1971-1972, and applying the
• King v. State
  557 So. 2d 899· Fla. 5th DCA· 1990-03-01
  Peter King challenged the constitutionality of Florida's amended Habitual Felony Offender statute on equal protection and due process grounds after being convicted and sentenced to ten years as a habitual offender. The Fifth District Court of Appeal upheld the statute as constitu
• United States v. Towns
  842 F.2d 740· 4th Cir.· 1988-03-29
  The Army and Air Force Exchange Service (AAFES) is an agency of the United States, and theft of its property constitutes a property loss to the United States, making prosecution under 18 U.S.C. § 641 applicable.
• Jackson v. Jackson
  432 So. 2d 695· Fla. 1st DCA· 1983-06-07
  Mary Lynn Jackson appealed the trial court's order appointing her father as curator of her property under Florida's Curatorship Act. The First District Court of Appeal affirmed the appointment, holding that the 1957 repeal of a specific statutory section did not eliminate the cou
• Lipman v. State
  428 So. 2d 733· Fla. 1st DCA· 1983-03-18
  Justin Jerome Lipman appeals his conviction as a principal to counterfeiting, contending he was denied a fair trial due to prosecutorial misconduct and that missing trial transcript pages (200-500 pages) prevented meaningful appellate review. The appellate court agreed on both po
• Fla. Publ'g Co. v. The Honorable William Wilkes
  420 So. 2d 333· Fla. 1st DCA· 1982-09-23
  The court held that the trial court's order to exclude the press and seal files was overly broad, and that proceedings concerning matters of pleading should be open to the public, while those requiring evidence should remain closed.
• Heist v. Lock & Gunsmith, Inc.
  417 So. 2d 1041· Fla. 1st DCA· 1982-07-14
  Court affirmed dismissal of complaint against gun dealer for failure to allege sufficient facts that dealer knew or should have known the purchaser was mentally unsound or dangerous, despite allegations dealer knew the true buyer was someone other than the named purchaser.
• State v. Brayman
  49 Fla. Supp. 1· Broward Cty. Ct.· 1979-03-27
  The defendant was charged with disorderly intoxication and resisting arrest without violence after verbally insulting police officers during a domestic disturbance call. The court held that while Florida Statute 843.02 is facially constitutional, its application to mere profane o
• State v. Williams
  45 Fla. Supp. 208· Fla. Cty. Ct.· 1977-06-07
  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
• United States v. Bast
  495 F.2d 138· D.C. Cir.· 1974-01-25
  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
  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
• Knight & Wall Co. v. State Revenue Comm'n
  23 Fla. Supp. 179· Leon Cty. Cir. Ct.· 1964-06-23
  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