Vagueness

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

• Pursley v. City OF Fayetteville
  820 F.2d 951· 8th Cir.· 1987-06-10 ·cited 6×
  The dissenting judge believes the residential picketing ordinance is constitutionally valid and not facially overbroad.
• City OF Paducah v. Inv. Ent., Inc.
  791 F.2d 463· 6th Cir.· 1986-05-28 ·cited 6×
  The court held that the City waived its right to seek abstention by failing to actively pursue the issue. The procedural safeguards of the ordinance were deemed adequate.
• Pringle v. Court OF Common Pleas
  744 F.2d 297· 3d Cir.· 1984-07-05 ·cited 6×
  A federal court has jurisdiction to hear a habeas corpus petition challenging a state statute's constitutionality if the petitioner was in custody when the petition was filed, even if a state sentence appeal might later result in a non-custodial sentence.
• United States v. Hoover
  727 F.2d 387· 5th Cir.· 1984-03-05 ·cited 6×
  The court held that the defendant failed to establish a prima facie case of selective prosecution, and therefore the district court did not err in refusing to dismiss the indictment.
• 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
• United States v. Tamargo
  637 F.2d 346· 5th Cir.· 1981-02-17 ·cited 6×
  The court held that the statute governing misapplication of CETA funds (18 U.S.C. § 665(a)) is constitutional as applied, and the evidence was sufficient to support the convictions of the appellants for mail fraud, CETA misapplication, and making false statements.
• The Ladoga Canning Corp. v. Sydney H. McKENZIE, III
  370 So. 2d 1137· Fla.· 1979-05-03 ·cited 6×
  The Florida Supreme Court held that civil injunctions restraining the sale of obscene materials must identify specific publications that have been judicially determined to be obscene before issuance, and cannot impose blanket prohibitions on unspecified "other materials" based me
• United States v. Nichols
  421 F.2d 570· 8th Cir.· 1970-02-06 ·cited 6×
  The court held that the defendant's admissions prior to the crime were admissible without corroboration and that the evidence was sufficient to prove a violation of the Travel Act.
• Goodman v. Martin Cnty. Health Dep't
  786 So. 2d 661· Fla. 4th DCA· 2001-06-13 ·cited 5×
  Appellants who prevailed in an Environmental Protection Act case against a state agency were denied attorney's fees because they failed to serve notice on the Department of Insurance as required by section 284.30, Florida Statutes. The Fourth District Court of Appeal affirmed the
• Sylister Ed Williams v. State
  340 So. 2d 498· Fla. 1st DCA· 1976-12-03 ·cited 5×
  The court held that the defendant's conduct constituted probable cause for arrest under the ordinance, and the ordinance was constitutional as applied to the facts.
• Blue Moon Enters., Inc. v. Pinellas Cnty. Dep't of Consumer Prot.
  97 F. Supp. 2d 1134· M.D. Fla.· 2000-05-10 ·cited 4×
  The court held that certain provisions of the Pinellas County Code governing adult entertainment establishments, specifically those requiring continuous monitoring of patrons and imposing vicarious liability without scienter, are unconstitutional.
• Gilbert v. State
  659 So. 2d 233· Fla.· 1995-04-27 ·cited 4×
• Varney v. State
  659 So. 2d 234· Fla.· 1995-04-27 ·cited 4×
• Duke v. Smith
  784 F. Supp. 865· S.D. Fla.· 1992-01-30 ·cited 4×
  The court held that the actions of the Presidential Candidate Selection Committee, despite its statutory creation, were not state actions, and thus plaintiffs failed to establish a claim under 42 U.S.C. § 1983.
• S & S Pawn Shop Inc. v. City OF DEL City
  947 F.2d 432· 10th Cir.· 1991-10-09 ·cited 4×
  The court held that the district court erred in granting summary judgment on the constitutionality of the warrantless inspection statute as applied to the appellant, and correctly abstained from deciding the constitutionality of the other statute.
• Int'l Eateries of Am., Inc. v. Broward Cnty.
  726 F. Supp. 1568· S.D. Fla.· 1989-12-15 ·cited 4×
  The court held that the distance ordinances, including the waiver provision, were facially valid time, place, and manner regulations and that the plaintiff's claims were barred by res judicata or failed on the merits.
• Hoodkroft Convalescent Ctr., Inc. v. State OF NEW Hampshire
  879 F.2d 968· 1st Cir.· 1989-07-14 ·cited 4×
  New Hampshire's Medicaid depreciation recapture rule is lawful and does not violate the federal statute or the Constitution.
• In re Grand Jury Subpoena: Subpoena Duces Tecum v. John DOE 819 (Model Magazine)
  844 F.2d 202· 4th Cir.· 1988-04-19 ·cited 4×
  The court denied the government's petition for rehearing and suggestion for rehearing en banc.
• The Alan Guttmacher Inst. v. McPHERSON
  805 F.2d 1088· 2d Cir.· 1986-11-17 ·cited 4×
  The dissenting judge believes the plaintiff is entitled to broader relief than that provided by the consent judgment, potentially including a declaration that AID's policy is unlawful and the establishment of a new review board.
• United States v. Sterling Johnson
  735 F.2d 373· 9th Cir.· 1984-06-15 ·cited 4×
  The court held that the jury instructions on intent were not erroneous and the statute prohibiting misuse of a diplomatic passport was not unconstitutionally vague.
• McCOLLESTER v. The City OF Keene
  668 F.2d 617· 1st Cir.· 1982-01-11 ·cited 4×
  A plaintiff challenging a statute must demonstrate a realistic danger of sustaining a direct injury from its operation or enforcement, and mere speculative fears are insufficient to establish a case or controversy under Article III.
• Augenblick v. The United States
  509 F.2d 1157· Ct. Cl.· 1975-01-22 ·cited 4×
  The court held that the military courts had jurisdiction to try Commander Augenblick because his offense had a "service connection," despite it occurring off-base and in civilian clothes.
• United States v. Kamber
  458 F.2d 918· 7th Cir.· 1971-11-19 ·cited 4×
  The court held that the defendant's conviction for making a false statement to the Selective Service was valid, rejecting all his grounds for appeal.
• O'Connor v. United States
  240 F.2d 404· D.C. Cir.· 1956-12-20 ·cited 4×
  A conviction for contempt of Congress must be set aside if the question asked was so imprecise and ambiguous that the witness's refusal to answer cannot be considered a crime.
• Enriguez v. State
  858 So. 2d 338· Fla. 2d DCA· 2003-09-17 ·cited 3×
  Antonio Uzcanga Enriguez appeals his conviction for felony dumping under Florida's littering statute, arguing the statute is unconstitutional. The appellate court affirmed, holding that the statute is not facially unconstitutional and that Enriguez failed to preserve his constitu
• Movie & Video World, Inc. v. Bd. of Cnty. Comm'rs
  723 F. Supp. 695· S.D. Fla.· 1989-10-11 ·cited 3×
  The court held that Palm Beach County Ordinance 88-31, requiring the removal of doors from adult video booths, is a constitutional time, place, and manner regulation that does not violate the First Amendment, and that certain disclosure requirements within the ordinance were unco
• White v. Wainwright
  632 F. Supp. 1140· S.D. Fla.· 1986-03-31 ·cited 3×
  The court held that the imposition of the death penalty was not unconstitutional under Enmund v. Florida, as the Petitioner was present, armed, and fully participated in the robbery and murders.
• Cantrell v. State
  403 So. 2d 977· Fla.· 1981-08-06 ·cited 3×
  The Florida Supreme Court upheld RICO convictions under section 943.462(3) against constitutional challenges, rejecting arguments that the statute was vague and unconstitutionally applied. The court found the charging information sufficient and affirmed the convictions based on n
• Hal S. Weidner v. State
  380 So. 2d 1286· Fla.· 1980-03-06 ·cited 3×
  Hal Weidner was convicted of disturbing a public assembly under Florida Statute § 871.01 after interrupting a town council meeting. The Florida Supreme Court reversed, finding insufficient evidence to support the conviction because the state failed to prove that a reasonable pers
• Honeyfund.com Inc v. Desantis
  546 F. Supp. 3d 1082· N.D. Fla.· 2022-08-18 ·cited 2×
  Honeyfund.com and other employers and diversity consultants challenged Florida's Individual Freedom Act, which prohibits employers from endorsing eight specified concepts related to race, sex, and national origin during mandatory employee activities, as a violation of the First A
• State v. Lockett
  101 So. 3d 1275· Fla. 4th DCA· 2012-12-05 ·cited 2×
  The State appeals a trial court's order suppressing evidence from a vehicle stop based on the officer's violation of a noise statute that was later declared unconstitutional. The Fourth District Court of Appeal reversed, holding that the officer acted in objectively reasonable re
• Bledsoe v. City of Jacksonville Beach
  20 F. Supp. 2d 1317· M.D. Fla.· 1998-06-25 ·cited 2×
  The court held that the City's Special Events Policy is unconstitutional because it is content-based, grants excessive discretion to the police chief, and lacks necessary procedural safeguards for speech regulation.
• Turner v. Chicago Hous. Auth.
  969 F.2d 461· 7th Cir.· 1992-07-29 ·cited 2×
• Guardian Plans Inc. v. Teague
  870 F.2d 123· 4th Cir.· 1989-03-07 ·cited 2×
• Burch v. Barker
  861 F.2d 1149· 9th Cir.· 1988-11-18 ·cited 2×
  A school policy requiring prior review and potential censorship of all student-written, non-school-sponsored materials distributed on school grounds violates the First Amendment.
• Neiderhiser v. The Borough OF Berwick
  840 F.2d 213· 3d Cir.· 1988-03-01 ·cited 2×
  The court held that the district court erred in dismissing the case for lack of jurisdiction, as plaintiffs alleged a viable case or controversy based on both a potential future enforcement of an ordinance and past constitutional deprivations.
• Bystrom v. Fridley High Sch.
  822 F.2d 747· 8th Cir.· 1987-06-25 ·cited 2×
  The court held that the guidelines' requirement for prior review and approval of all unofficial written material violates the First Amendment.
• Redford v. United States Dep't OF Treas.
  691 F.2d 471· 10th Cir.· 1982-10-21 ·cited 2×
  The court held that the statute prohibiting firearm possession by those adjudicated mentally incompetent is not unconstitutionally vague as applied to Redford, and forfeiture of firearms does not require compensation.
• Dallas Ass'n OF Cmty. Orgs. FOR Reform NOW v. Dallas Cnty. Hosp. Dist.
  656 F.2d 1175· 5th Cir.· 1981-09-25 ·cited 2×
  The court held that the congested conditions at Parkland Hospital justify time, place, and manner restrictions on First Amendment activity in non-patient care areas, affirming the denial of injunctive relief.
• Isom Wilson v. State
  78 Fla. 41· Fla.· 1919-06-26 ·cited 2×
  This case addresses whether an indictment is invalid if it omits the name of the county where the grand jury convened. The court held that such an omission is not fatal, especially when the indictment otherwise specifies the county and a statute exists to cure minor defects.
• Parris v. State
  359 So. 3d 1178· Fla. 4th DCA· 2023-04-12 ·cited 1×
  The Sunshine Law does not violate due process by failing to define "reasonable notice" and "open to the public" because these terms receive ample guidance from case law and plain meaning, and Parris's participation in an unannounced meeting without public notice constituted a kno
• US Fid. & Guar. v. Liberty Surplus Ins.
  485 F. Supp. 2d 1326· M.D. Fla.· 2007-05-02 ·cited 1×
  US Fidelity & Guaranty, as surety for a general contractor, sued two insurers to recover settlement payments made on construction claims. The excess carrier Liberty Surplus then sued other insurers for contribution and subrogation. The court denied One Beacon's motion to dismiss
• Alexis, Inc. v. Pinellas Cnty.
  194 F. Supp. 2d 1336· M.D. Fla.· 2002-03-29 ·cited 1×
  The court held that corporate plaintiffs have standing to sue under § 1983, Florida Statute § 847.09 does not preempt county ordinances regulating adult uses, and warrantless arrests of dancers for ordinance violations do not constitute an unconstitutional prior restraint or hara
• State v. Glover
  776 So. 2d 1129· Fla. 1st DCA· 2001-02-14 ·cited 1×
• Williams v. State
  769 So. 2d 1099· Fla. 2d DCA· 2000-09-29 ·cited 1×
• Gatena v. Cnty. of Orange
  80 F. Supp. 2d 1331· M.D. Fla.· 1999-11-05 ·cited 1×
  The court held that the Orange County public nudity ordinance is constitutional, not vague, and does not violate the First Amendment.
• Gen. Elec. Co. v. NEW York State Dep't OF Labor
  936 F.2d 1448· 2d Cir.· 1991-06-28 ·cited 1×
  The court held that New York Labor Law § 220, as applied, may violate due process by unconstitutionally delegating authority to private parties to set prevailing wage rates without adequate safeguards, requiring further discovery and trial. Other claims were affirmed.
• Int'l Eateries of Am., Inc. v. Broward Cnty.
  726 F. Supp. 1556· S.D. Fla.· 1987-10-13 ·cited 1×
  The court held that the distance ordinances were facially valid time, place, and manner regulations, but the special uses ordinances restricting adult nightclubs to a specific zone were problematic and potentially unconstitutional as applied.
• Bennett M. Lifter, Inc. v. Metro. Dade Cnty.
  482 So. 2d 479· Fla. 3d DCA· 1986-01-21 ·cited 1×
  Bennett M. Lifter, Inc. challenged the constitutionality of Dade County Ordinance 84-46, which created an administrative procedure for condominium conversions of hotels and motels in the RU-4A zoning district. The trial court upheld the ordinance as constitutional and valid, and
• DeWeese v. Town of Palm Beach
  616 F. Supp. 971· S.D. Fla.· 1985-03-30 ·cited 1×
  The court held that the town ordinance prohibiting shirtless running in certain public areas is a reasonable exercise of the town's police power and does not violate the plaintiff's constitutional rights to free expression or equal protection.