Vagueness

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

• State v. Ecker
  311 So. 2d 104· Fla.· 1975-02-19 ·cited 253×
  The Florida Supreme Court upheld the constitutionality of Florida's loitering statute (Section 856.021), finding it sufficiently narrow and protective against arbitrary enforcement when properly applied. The statute, modeled after the Model Penal Code, requires proof that the def
• State v. Gray
  435 So. 2d 816· Fla.· 1983-07-21 ·cited 188×
  The Florida Supreme Court reversed the District Court of Appeal's decision that reversed Gray's conviction for witness tampering under section 918.14(3)(a)1, holding that scienter and specific intent are not required elements of the crime and therefore need not be alleged in the
• Focus ON THE Family v. Pinellas Suncoast Transit Auth.
  344 F.3d 1263· 11th Cir.· 2003-09-09 ·cited 150×
  Focus on the Family challenged a contract between the Pinellas Suncoast Transit Authority (PSTA) and Eller Media that allegedly barred Focus from advertising its "Love Won Out" conference on bus shelters in Pinellas County, Florida. The district court granted summary judgment for
• State v. DYE
  346 So. 2d 538· Fla.· 1977-05-19 ·cited 126×
  The Florida Supreme Court affirmed the dismissal of trespass charges against Dye for lack of an essential element in the charging information, while reversing the trial court's finding that the trespass statute (§ 810.09) was unconstitutional. The Court held the statute constitut
• United States v. Spock
  416 F.2d 165· 1st Cir.· 1969-07-11 ·cited 113×
  The court held that while the First Amendment does not per se require acquittal, the government must prove individual specific intent to adhere to the illegal portions of a bifarious conspiracy, and the conviction of one defendant (Spock) was reversed due to insufficient evidence
• United States v. A Single Fam. Residence & Real Prop. Located AT 900 RIO Vista BLVD.
  803 F.2d 625· 11th Cir.· 1986-11-03 ·cited 111×
  The court held that the property was forfeitable as proceeds traceable to illegal drug transactions and that the appeal was frivolous, warranting sanctions.
• United States v. Smith
  680 F.2d 255· 1st Cir.· 1982-06-08 ·cited 103×
  The court held that 21 U.S.C. § 955a is within Congress's power to apply extraterritorially to stateless vessels engaged in drug trafficking affecting the United States, and that the evidence was sufficient to support the appellant's conviction for possession with intent to distr
• McCREARY v. State
  371 So. 2d 1024· Fla.· 1979-05-10 ·cited 99×
  The Florida Supreme Court upheld section 782.071, the vehicular homicide statute, against a vagueness challenge and affirmed the conviction of a driver whose vehicle struck another car at an intersection, killing a passenger. The court held that vehicular homicide is a lesser inc
• United States v. Varkonyi
  645 F.2d 453· 5th Cir.· 1981-05-20 ·cited 88×
  The court held that the indictment was sufficient, the statutes were constitutional as applied, the evidence was sufficient for conviction, and the jury instructions were not plain error.
• Mahaun v. State
  377 So. 2d 1158· Fla.· 1979-12-13 ·cited 87×
  The Florida Supreme Court affirmed convictions for third-degree felony murder and aggravated child abuse arising from the death of a child in the appellants' care, but vacated one conviction for each appellant based on double-jeopardy principles when the underlying felony was an
• 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
• United States v. Helmel
  769 F.2d 1306· 8th Cir.· 1985-08-08 ·cited 77×
  The court held that the admission of the ledger was proper for Stowe, Helmel, and Glick under the coconspirator rule, but reversed Paulsen's conviction due to insufficient independent evidence to support the admission of the ledger against him. The court also found that Stowe and
• United States v. Stefan
  784 F.2d 1093· 11th Cir.· 1986-03-20 ·cited 74×
  The court held that the evidence was sufficient to support the convictions, that the district court did not err in admitting evidence or instructing the jury regarding civil banking statute violations, that the prosecutor's remarks were improper but not prejudicial, that the RICO
• Fernandes v. Limmer
  663 F.2d 619· 5th Cir.· 1981-12-11 ·cited 74×
  The court held that the Dallas-Fort Worth Airport terminals are public forums and that the ordinance's permit system is unconstitutional due to lack of procedural safeguards and excessive discretion granted to officials.
• CBS Inc. v. The Honorable Don J. Young
  522 F.2d 234· 6th Cir.· 1975-07-02 ·cited 74×
  A district court's order broadly prohibiting parties, their relatives, friends, and associates from discussing a case with the news media or public constitutes an unconstitutional prior restraint on First Amendment freedoms.
• United States v. Becton
  751 F.2d 250· 8th Cir.· 1984-12-27 ·cited 70×
  The court held that the evidence was sufficient to support the continuing criminal enterprise (CCE) conviction and the first Travel Act conviction, but not the second Travel Act conviction. The court also found no reversible error in evidentiary rulings or indictment defects.
• United States v. Dozier
  672 F.2d 531· 5th Cir.· 1982-04-08 ·cited 70×
  The court held that the Hobbs Act is not unconstitutionally vague as applied to elected officials soliciting funds under color of official right, and that the jury instructions were adequate.
• Basiardanes v. City OF Galveston
  682 F.2d 1203· 5th Cir.· 1982-08-19 ·cited 69×
  The court held that the zoning ordinance restricting adult theaters was an unconstitutional prior restraint on speech because it was not narrowly tailored to serve a substantial governmental interest and effectively banned such theaters from the city.
• United States v. Joseph D. Beasley, M.D.
  550 F.2d 261· 5th Cir.· 1977-04-08 ·cited 68×
  The court affirmed the convictions, finding no merit in the appellants' numerous assignments of error regarding the indictment's sufficiency, grand jury proceedings, disclosure of evidence, witness immunity, continuance requests, and federal jurisdiction over false claims submitt
• United States v. RAY
  731 F.2d 1361· 9th Cir.· 1984-04-24 ·cited 64×
• Baldwin v. Redwood City
  540 F.2d 1360· 9th Cir.· 1976-08-09 ·cited 64×
  Redwood City's ordinances limiting the aggregate area of political signs per candidate/issue, imposing permit fees and deposits, and banning signs in residential areas violate the First Amendment. However, limitations on individual sign size and aggregate area per parcel are perm
• United States v. Hines
  696 F.2d 722· 10th Cir.· 1982-11-02 ·cited 63×
  The court held that the defendants' convictions under federal conspiracy and racketeering laws were valid, affirming the trial court's decisions on various evidentiary and procedural challenges.
• Bouters v. State
  634 So. 2d 246· Fla. 5th DCA· 1994-03-25 ·cited 57×
• United States v. Brooks
  611 F.2d 614· 5th Cir.· 1980-02-11 ·cited 57×
  The court held that the jury instructions, while potentially incomplete, were sufficient to present the core issues to the jury and that any error was harmless given the overwhelming evidence.
• Textile Workers Pension Fund v. Standard DYE & Finishing Co., Inc.
  725 F.2d 843· 2d Cir.· 1984-01-09 ·cited 56×
  The court held that the retroactive application of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) withdrawal liability provisions is constitutional and does not violate employers' due process rights.
• United States v. Chestnut
  533 F.2d 40· 2d Cir.· 1976-03-08 ·cited 56×
  The court affirmed the conviction, holding that venue was proper in New York, the indictment was sufficient, and the evidence supported the jury's finding of willfulness.
• United States v. Quinn
  514 F.2d 1250· 5th Cir.· 1975-06-23 ·cited 55×
  The court held that the defendant's conviction for extortion under the Hobbs Act was affirmed because the payments received were not in furtherance of legitimate labor objectives and violated federal labor law, rendering them 'wrongful'.
• State v. Sal Aiuppa
  298 So. 2d 391· Fla.· 1974-05-01 ·cited 54×
  The Florida Supreme Court upheld the constitutionality of Chapter 73-120, Florida's obscenity statute, against challenges that it violated the First Amendment by being vague and not specifically defining sexual conduct under the Miller v. California standard. The court adopted Ge
• State v. Walker
  444 So. 2d 1137· Fla. 2d DCA· 1984-02-08 ·cited 52×
  Florida appealed the dismissal of charges against Carolyn Walker for violating a statute that criminalizes possession of lawfully prescribed controlled substances outside their original containers. The court affirmed the dismissal, holding that the statute violates substantive du
• United States v. Perrin
  580 F.2d 730· 5th Cir.· 1978-09-20 ·cited 50×
  The dissenting judge believes the Travel Act does not criminalize commercial bribery without explicit statutory language.
• United States v. Girard
  601 F.2d 69· 2d Cir.· 1979-06-20 ·cited 49×
  The court held that the unauthorized sale of government information constitutes a violation of 18 U.S.C. § 641, and that the statute is not unconstitutionally vague or overbroad.
• Am. Booksellers Ass'n, Inc. v. Hudnut
  771 F.2d 323· 7th Cir.· 1985-08-27 ·cited 46×
  The court's majority opinion, which this concurrence partially joins, found the ordinance unconstitutional on First Amendment grounds.
• United States v. Gross
  451 F.2d 1355· 7th Cir.· 1971-11-02 ·cited 46×
  The court held that the statute prohibiting dealing in firearms without a license was not unconstitutionally vague and that the defendant's repeated sales constituted engaging in the business of dealing firearms.
• United States v. Broncheau
  597 F.2d 1260· 9th Cir.· 1979-05-30 ·cited 45×
  The court held that the indictment was sufficient, 18 U.S.C. § 1153 is not void for vagueness, federal courts have jurisdiction over certain crimes committed by Indians in Indian country, and the assertion of federal jurisdiction does not violate equal protection or due process.
• United States v. Concepcion Mena
  863 F.2d 1522· 11th Cir.· 1989-01-23 ·cited 43×
  The court affirmed the convictions and sentences, finding no reversible error in the denial of motions to dismiss, suppress, or compel production, nor in the sufficiency of evidence, jurisdictional findings, or comments made during closing arguments.
• United States v. DeROSA
  670 F.2d 889· 9th Cir.· 1982-03-04 ·cited 43×
  The court held that the evidence was sufficient to sustain convictions for RICO and narcotics violations, and that the trial court did not err in denying severance motions or in its rulings on other claims.
• United States v. Taxe
  540 F.2d 961· 9th Cir.· 1976-06-08 ·cited 42×
  The court held that the 1971 Sound Recording Amendment is constitutional and that the jury instructions and evidentiary rulings were largely proper, though the imposition of prosecution costs on one defendant was vacated.
• United States v. Kenner
  354 F.2d 780· 2d Cir.· 1965-12-15 ·cited 42×
  The court held that the trial judge's modified Allen charge, while borderline coercive, was saved by disclaimers and willingness to accept any verdict, and that other claims of error lacked merit.
• Janusaitis v. Middlebury Volunteer Fire Dep't
  607 F.2d 17· 2d Cir.· 1979-09-19 ·cited 41×
  The court held that the volunteer fire department's dismissal of a member constituted state action, but that the dismissal did not violate the member's First Amendment rights due to the need for harmonious relations within the department.
• State v. Kahles
  644 So. 2d 512· Fla. 4th DCA· 1994-08-24 ·cited 40×
  The court held that the trial court erred in finding Florida's Stalking Statute facially unconstitutional without first analyzing the defendant's conduct and whether the statute reached constitutionally protected conduct.
• United States v. Brewster
  506 F.2d 62· D.C. Cir.· 1974-08-02 ·cited 39×
  A conviction under the illegal gratuity statute (18 U.S.C. § 201(g)) can be sustained as a lesser included offense of bribery (18 U.S.C. § 201(c)(1)), but the trial judge's instructions failed to adequately distinguish between the offenses.
• United States v. Clemente Julio-Diaz
  678 F.2d 1031· 11th Cir.· 1982-06-17 ·cited 38×
  The court held that the evidence was sufficient to establish the vessel was of United States registry and that the appellants' convictions for conspiracy and possession with intent to distribute marijuana were valid.
• Levine v. United States Dist. Court FOR the Cent. Dist. OF Cal.
  764 F.2d 590· 9th Cir.· 1985-06-24 ·cited 36×
  The court held that attorneys' speech can be restrained by gag orders to prevent the risk of eliminating a fair trial before an impartial jury.
• United States v. Largent
  545 F.2d 1039· 6th Cir.· 1976-12-13 ·cited 36×
  The court held that the defendants' Sixth Amendment speedy trial rights were not violated, the statutes under which they were convicted are constitutional, and the admission of prior similar acts evidence was proper.
• Bradshaw v. State
  286 So. 2d 4· Fla.· 1973-11-21 ·cited 36×
  Florida Supreme Court affirmed Bradshaw's conviction for disorderly conduct, resisting an officer, and assault and battery, rejecting his challenge that the disorderly conduct statute was unconstitutionally vague and overbroad. The court held the statute met constitutional standa
• Thoms v. Heffernan
  473 F.2d 478· 2d Cir.· 1973-01-08 ·cited 36×
  The dissenting judge believes the court lacks appellate jurisdiction because the three-judge district court failed to properly address injunctive relief, and thus the case should be remanded.
• United States v. Gomer
  764 F.2d 1221· 7th Cir.· 1985-06-11 ·cited 34×
  The dissenting judge argues that the majority erred in finding plain error regarding the district court's failure to consider the defendant's dependents' needs, as the defendant waived the issue by not raising it below.
• United States v. Mobile Materials, Inc.
  871 F.2d 902· 10th Cir.· 1989-03-22 ·cited 33×
  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.
• Sauer-Getriebe KG v. White Hydraulics, Inc.
  715 F.2d 348· 7th Cir.· 1983-08-22 ·cited 33×
  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.
• Nat'l Advertising Co. v. City OF Fort Lauderdale
  934 F.2d 283· 11th Cir.· 1991-06-24 ·cited 32×
  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.