Vagueness

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

• LeFLORE v. Robinson
  446 F.2d 715· 5th Cir.· 1971-06-25 ·cited 14×
  The court vacated its original opinion and remanded for reconsideration in light of recent Supreme Court decisions regarding federal interference with state prosecutions.
• Iacobucci v. City OF Newport
  785 F.2d 1354· 6th Cir.· 1986-03-20 ·cited 13×
  The court held that the fingerprinting ordinance is constitutional as a valid exercise of police power, but the nude dancing ordinance requires further factual determination regarding the city's authority.
• Roger diLEO v. Greenfield
  541 F.2d 949· 2d Cir.· 1976-09-01 ·cited 13×
  The dissenting judge believes the federal court should have abstained, allowing state courts to construe the teacher termination statute, rather than affirming the judgment based on a federal court's narrow interpretation.
• Orlando Reg'l Healthcare Sys., Inc. v. Dajuanda Alexander
  909 So. 2d 582· Fla. 5th DCA· 2005-09-02 ·cited 12×
  Orlando Regional Healthcare System appeals an administrative law judge's order denying NICA's exclusive remedy based on the healthcare provider's failure to provide pre-delivery notice to the patient. The court reverses on the notice issue, holding that the statutory exemption fo
• Ismail Abdul Hakim Akbar v. State
  570 So. 2d 1047· Fla. 1st DCA· 1990-11-27 ·cited 12×
  Ismail Abdul Hakim Akbar challenged his habitual felony offender sentence for two cocaine sales convictions, arguing that the trial judge improperly admitted evidence of facts for which he was not charged and that the habitual offender statute was unconstitutionally vague. The ap
• Robert Doyle, M.D. v. Sec'y OF Health & Human Servs.
  848 F.2d 296· 1st Cir.· 1988-06-03 ·cited 12×
  The court held that a doctor must exhaust administrative remedies before seeking judicial review of a Medicare sanction, and that the statute and procedures used were constitutional.
• J.H. Pritchard v. JAX Liquors, Inc.
  499 So. 2d 926· Fla. 1st DCA· 1986-12-24 ·cited 12×
  Pritchard appealed the dismissal of his negligence action against Jax Liquors under Florida's dram shop statute (§ 768.125). The court reversed, holding that the civil statute does not incorporate the written notice requirement from the separate criminal statute (§ 562.50) and th
• Vance Murphy v. The Honorable Scott Matheson
  742 F.2d 564· 10th Cir.· 1984-08-22 ·cited 12×
  The court held that the Utah Drug Paraphernalia Act is not unconstitutionally overbroad as applied to commercial speech and that its vagueness challenge fails due to a scienter requirement and clear statutory factors. However, certain enforcement factors may be unconstitutionally
• Camille Corp. v. Phares
  705 F.2d 223· 7th Cir.· 1983-04-13 ·cited 12×
  The court held that the East Moline drug paraphernalia ordinance is constitutional, rejecting claims of First Amendment, Equal Protection, Commerce Clause, and Due Process violations.
• Kan. Retail Trade Coop. v. Stephan
  695 F.2d 1343· 10th Cir.· 1982-12-15 ·cited 12×
  The court held that the Kansas drug paraphernalia statute, H.B. 2020, is not unconstitutionally vague or overbroad, particularly due to its intent requirements, and that the overbreadth doctrine does not apply to commercial speech challenges to the advertising section.
• United States v. Howard
  654 F.2d 522· 8th Cir.· 1981-07-24 ·cited 12×
  The Assimilative Crimes Act allows prosecution for escape from state custody on a federal reservation when no federal statute specifically covers such an escape.
• Garden State BAR Ass'n & the N.J. Ass'n of Black Women Lawyers v. Middlesex Cnty. Ethics Comm.
  643 F.2d 119· 3d Cir.· 1981-02-24 ·cited 12×
  The court held that federal courts should abstain from interfering with state attorney disciplinary proceedings under Younger v. Harris, as these proceedings are judicial in nature and offer an adequate forum for constitutional claims.
• Leary v. United States
  544 F.2d 1266· 5th Cir.· 1977-01-10 ·cited 12×
  A defendant who falsely declares he has no contraband upon reentry into the United States cannot claim his Fifth Amendment rights were violated, as he did not invoke the privilege and his false statement is not incriminatory.
• Moncrief v. State
  415 So. 2d 785· Fla. 1st DCA· 1982-06-08 ·cited 11×
  A licensed bail bondsman appeals an administrative order imposing penalties for three alleged violations: hiring an unlicensed bail bond runner, altering a jail card, and failing to maintain normal business hours. The court affirmed the first count but reversed the second and thi
• Zerweck v. State
  409 So. 2d 57· Fla. 4th DCA· 1982-01-06 ·cited 11×
  John Zerweck, a Margate city commissioner and former mayor, was found by the State Commission on Ethics to have violated Florida's Code of Ethics by accepting employment with a company subject to city regulatory oversight. The Fourth District Court of Appeal affirmed the finding,
• Wollschlaeger v. Governor OF the State of Fla.
  760 F.3d 1195· 11th Cir.· 2014-07-25 ·cited 10×
  Florida's Firearm Owners Privacy Act restricts physicians from inquiring about or recording patients' firearm ownership when not relevant to medical care, and prohibits discrimination and harassment based on firearm ownership. Physicians and medical organizations challenged the A
• Isaac v. State
  626 So. 2d 1082· Fla. 1st DCA· 1993-11-17 ·cited 10×
  Kevin Isaac appeals his conviction for attempted murder of a law enforcement officer under Florida Statute § 784.07(3), challenging the constitutionality of the statute and various trial rulings. The First District Court of Appeal affirmed the conviction, holding that the statute
• United States v. Donnie G. Brunson
  882 F.2d 151· 5th Cir.· 1989-08-21 ·cited 10×
  The court held that the indictment sufficiently charged an offense under 18 U.S.C. § 215 and the evidence was sufficient to support the conviction, but the district court erred in applying the incorrect sentencing guideline.
• DeSisto Coll., Inc. v. Town of Howey-In-The-Hills
  706 F. Supp. 1479· M.D. Fla.· 1989-01-23 ·cited 10×
  The court found that the undisputed facts supported summary judgment, as the town's zoning actions were not based on irrational prejudice but on legitimate concerns about the intensive use of residential property by the college.
• Hartnett, Inc. v. Dep't OF Ins. OF the State of Fla.
  432 So. 2d 155· Fla. 3d DCA· 1983-05-10 ·cited 10×
  The court held that Section 626.734, Florida Statutes (1981) is constitutional and that there was sufficient evidence to support the jury's finding of individual liability for unpaid insurance premiums.
• Greenway v. State
  413 So. 2d 23· Fla.· 1982-04-08 ·cited 10×
  The court held that section 944.47, Florida Statutes (Supp.1978) is not unconstitutionally vague as applied to the appellant's conduct of smuggling contraband into a prison.
• Glenwood von Edwards v. State
  377 So. 2d 684· Fla.· 1979-11-21 ·cited 10×
  The Florida Supreme Court upheld the constitutionality of Florida's burglary statute against charges that it was unconstitutionally vague and overbroad. The appellant was charged with burglary of a conveyance by taking apart a portion of a motor vehicle with intent to commit larc
• Citizens FOR A Better Env't v. Vill. OF Schaumburg
  590 F.2d 220· 7th Cir.· 1978-12-01 ·cited 10×
  A village ordinance requiring that 75% of charitable solicitation proceeds be used directly for charitable purposes is unconstitutional on its face as applied to organizations that combine solicitation with information gathering and advocacy, because it unduly infringes on First
• Am. Mini Theatres, Inc. v. Gribbs
  518 F.2d 1014· 6th Cir.· 1975-06-16 ·cited 10×
  The court held that the Detroit ordinance's 1000-foot provision, which restricts the concentration of adult businesses, is a permissible time, place, and manner regulation that does not violate the First Amendment or Equal Protection Clause.
• Tollett v. United States
  485 F.2d 1087· 8th Cir.· 1973-10-02 ·cited 10×
  The court held that 18 U.S.C. § 1718 is unconstitutionally overbroad and vague, violating the First Amendment's guarantee of free expression.
• Wilson v. Millard Gooding
  431 F.2d 855· 5th Cir.· 1970-08-19 ·cited 10×
  The court held that a single district judge has jurisdiction to hear a habeas corpus petition challenging the constitutionality of a state statute, and affirmed the district court's finding that the statute was unconstitutionally vague and overbroad.
• Ahmad Saidi v. State
  845 So. 2d 1022· Fla. 5th DCA· 2003-05-30 ·cited 8×
  Ahmad Saidi was convicted of sending written threats of death or bodily injury in violation of Florida Statute § 836.10 after sending angry letters and documents to his former wife's attorney during a contentious family law proceeding. Saidi challenged his conviction as violating
• Centerfold Club, Inc. v. City of St. Petersburg
  969 F. Supp. 1288· M.D. Fla.· 1997-05-20 ·cited 8×
  The court held that the Adult Use Zoning Regulation is a content-neutral time, place, and manner restriction, and that the City had a reasonable basis for enacting it based on studies from other cities. The court also found that the ordinance provides reasonable alternative avenu
• Turner v. State
  615 So. 2d 819· Fla. 1st DCA· 1993-03-16 ·cited 8×
  Florida appellate court affirmed Turner's cocaine trafficking conviction under Fla. Stat. § 893.13(1)(i) but struck certain probation conditions not orally pronounced and dismissed without prejudice his unpreserved challenge to his plea's voluntariness.
• United States v. Long
  977 F.2d 1264· 8th Cir.· 1992-10-20 ·cited 8×
  The court affirmed the convictions and sentences, finding sufficient evidence for money laundering and conspiracy charges, and rejecting claims of instructional error, prejudicial cross-examination, unconstitutional vagueness, and improper denial of severance.
• Clark v. Ricketts
  958 F.2d 851· 8th Cir.· 1991-08-09 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, holding that the Sixth Amendment right of confrontation was not violated by concealing a witness's identity when necessary for safety, and that the state death penalty statute and sentencing procedures were constitution
• Nat'l Advertising Co. v. The City & Cnty. OF Denver
  912 F.2d 405· 10th Cir.· 1990-08-16 ·cited 8×
  The court held that Denver's new ordinance regulating billboards near freeways is facially constitutional under the First Amendment, and that National's claims for damages and injunctive relief were properly denied.
• Sequoia Books, Inc. v. Ingemunson
  901 F.2d 630· 7th Cir.· 1990-05-07 ·cited 8×
  The court held that the Illinois forfeiture provisions do not facially violate the First Amendment, are not unconstitutionally vague or overbroad, and that Sequoia has standing to challenge them. However, the provisions cannot be applied to convictions that occurred before the st
• S. Ent. Co. v. City of Boynton Beach
  736 F. Supp. 1094· S.D. Fla.· 1990-04-06 ·cited 8×
  The court held that the ordinance was void because the city failed to comply with state statutory notice requirements for its enactment, despite the ordinance otherwise being a valid time, place, and manner regulation under the First Amendment.
• Jeffers v. Ricketts
  832 F.2d 476· 9th Cir.· 1987-11-09 ·cited 8×
  The Arizona Supreme Court's construction of A.R.S. § 13-703(F)(6) to find aggravating circumstances was not unconstitutional, and federal courts should apply a deferential standard of review to such findings.
• 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
• DeWEESE v. Town OF Palm Beach
  812 F.2d 1365· 11th Cir.· 1987-03-23 ·cited 8×
  The court held that the Town of Palm Beach's ordinance prohibiting individuals from appearing in public without covering their upper bodies is unconstitutional as applied to male joggers because it is not rationally related to any legitimate government interest.
• Boston Teachers Union, Local 66, AFT, AFL-CIO v. Edgar
  787 F.2d 12· 1st Cir.· 1986-03-27 ·cited 8×
  The court held that the case was moot because the underlying dispute had ended and there was no longer a live controversy, and the exceptions to the mootness doctrine did not apply.
• Hill v. The City OF Houston
  764 F.2d 1156· 5th Cir.· 1985-07-11 ·cited 8×
  The dissent argues that the Houston ordinance was constitutionally applied to Raymond Hill, as his speech did not outweigh the city's interest in law enforcement and was not substantially protected by the First Amendment.
• Lamar v. Fred Banks
  684 F.2d 714· 11th Cir.· 1982-08-26 ·cited 8×
  The court held that the Georgia 'fighting words' statute is not facially unconstitutional, but reversed and remanded for an evidentiary hearing on whether it was unconstitutionally applied.
• The Gen. Tire & Rubber Co. v. The Firestone Tire & Rubber Co.
  489 F.2d 1105· 6th Cir.· 1973-11-20 ·cited 8×
  The court held that General Tire's patent for oil-extended synthetic rubber was valid and that Firestone was licensed to use it as a nominee of the U.S. Government.
• United States v. Isidore S. Rosen
  353 F.2d 523· 2d Cir.· 1965-11-22 ·cited 8×
  The court held that the question asked before the grand jury was not so vague as to misinform the defendant about the charge, and other arguments lacked merit.
• Shabazz Randazo Harris v. State
  655 So. 2d 1179· Fla. 1st DCA· 1995-05-12 ·cited 6×
  Harris appeals his conviction for sale of cocaine within 200 feet of a public housing facility, challenging the sufficiency of plea advice, the constitutionality of the statute, and discrepancies between oral and written probation conditions. The court reversed in part, vacating
• Holliday v. City OF Tampa
  619 So. 2d 244· Fla.· 1993-03-25 ·cited 6×
  The Florida Supreme Court held that Tampa's loitering ordinance prohibiting loitering while manifesting the purpose of illegally using controlled substances is facially unconstitutional as vague, overbroad, and violative of substantive due process. Following the precedent establi
• United States v. X-Citement Video, Inc.
  982 F.2d 1285· 9th Cir.· 1992-12-16 ·cited 6×
  The Court held that 18 U.S.C. § 2252 is unconstitutional on its face because it lacks a scienter requirement, specifically knowledge that at least one performer is under 18. The First Amendment mandates such a requirement for statutes prohibiting the distribution of child pornogr
• Ne. Women's Ctr., Inc. v. McMONAGLE
  939 F.2d 57· 3d Cir.· 1991-07-17 ·cited 6×
  The court held that the injunction's restrictions on speech near the health center were constitutional time, place, and manner regulations, but the 2500-foot ban on picketing near residences was not sufficiently tailored. The court affirmed the contempt finding and incarceration
• Community FOR Creative Non-Violence v. Turner
  D.D.C.· 1990-01-26 ·cited 6×
  The court held that WMATA's permit requirement for free speech activities is facially overbroad and thus invalid under the First Amendment.
• United States v. Kerkman
  866 F.2d 877· 6th Cir.· 1989-01-31 ·cited 6×
  The court held that the defendant's mail fraud and conspiracy convictions were not based on the "intangible rights" theory prohibited by McNally, as the scheme deprived the state of economically material information and control over its money.
• Fla. Comm. for Liab. Reform v. McMillan
  682 F. Supp. 1536· M.D. Fla.· 1988-02-26 ·cited 6×
  The court held that Florida Statute § 102.031(3) is unconstitutionally overbroad and granted a preliminary injunction against its enforcement.
• United States v. Lane
  834 F.2d 645· 7th Cir.· 1987-11-24 ·cited 6×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or other constitutional violations, and therefore, the denial of his habeas corpus petition was affirmed.