Void For Vagueness Doctrine

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

• In re Japanese Elec. Prods. Antitrust Litig. (D.C. MDL No. 189). Zenith Radio Corp. v. Matsushita Elec. Indus. Co., Ltd.
  723 F.2d 238· 3d Cir.· 1983-12-05 ·cited 237×
  The court held that the trial court erred in granting summary judgment for most defendants because material issues of disputed fact remained, requiring reversal of the judgment as to those defendants.
• Barber v. State
  564 So. 2d 1169· Fla. 1st DCA· 1990-07-16 ·cited 172×
  Earl Jeffrey Barber appeals his conviction for escaping from a community center, challenging the constitutionality of Florida's habitual felony offender statute (section 775.084) on equal protection and due process grounds. The court affirmed the statute as constitutional, holdin
• Hitchcock v. State
  413 So. 2d 741· Fla.· 1982-02-25 ·cited 160×
  James Ernest Hitchcock appeals his conviction for first-degree murder and death sentence in the killing of his brother's thirteen-year-old stepdaughter. The Florida Supreme Court affirms both the conviction and sentence, rejecting multiple appellate challenges including evidentia
• L.B. v. State
  700 So. 2d 370· Fla.· 1997-10-02 ·cited 155×
  The Florida Supreme Court reversed the Second District Court of Appeal's decision that section 790.001(13)'s exception for 'common pocketknives' was unconstitutionally vague. The Court held that the term provides ordinary citizens fair notice of forbidden conduct and vacated the
• Chesebrough v. State
  255 So. 2d 675· Fla.· 1971-12-08 ·cited 155×
  Rebecca Chesebrough was convicted under Florida's lewd and lascivious act statute (Fla.Stat. § 800.04) for engaging in sexual intercourse with her husband in the presence of her minor son as a demonstration of human procreation. The Florida Supreme Court affirmed the conviction,
• Se. Fisheries Ass'n, Inc. v. Dep't OF Natural Res.
  453 So. 2d 1351· Fla.· 1984-04-26 ·cited 142×
  The Florida Supreme Court addressed whether the state fish trap statute applies to extraterritorial waters beyond Florida's territorial limits. The Court held that the statute, which prohibits possession and use of unlawful fish traps, is constitutional as applied within Florida'
• In & for Kent Cnty.
  2006 WL 3842144· Del. Super. Ct.· 2007-06-08 ·cited 132×
  The court held that the initial stop of the defendant was constitutionally reasonable under the Fourth Amendment because the officer had probable cause to believe the defendant violated the pedestrian statute. The court further held that the pat-down and handcuffing of the defend
• Brown v. State
  629 So. 2d 841· Fla.· 1994-01-06 ·cited 127×
  The Florida Supreme Court consolidated three cases challenging the constitutionality of section 893.13(1)(i), which imposed enhanced drug penalties for violations within 200 feet of a public housing facility. The Court held the statute unconstitutionally vague because the phrase
• Alva Gene Franklin v. State
  257 So. 2d 21· Fla.· 1971-12-17 ·cited 107×
  The Florida Supreme Court held that Fla. Stat. § 800.01, which criminalized the 'abominable and detestable crime against nature,' was unconstitutionally vague for failing to inform persons of average intelligence what conduct is prohibited. The court invalidated the statute while
• United States v. Gennaro J. Angiulo
  897 F.2d 1169· 1st Cir.· 1990-03-05 ·cited 101×
  The court affirmed the defendants' convictions and sentences but reversed certain portions of the forfeiture order.
• United States v. Hooshang Hooshmand
  931 F.2d 725· 11th Cir.· 1991-05-16 ·cited 97×
  The court affirmed the convictions, finding that the mail fraud convictions were consistent with McNally, the definition of consultation was not unconstitutionally vague as applied, the evidence was sufficient, jury instructions were proper, the indictment was adequate, the searc
• United States v. Pungitore
  910 F.2d 1084· 3d Cir.· 1990-08-01 ·cited 97×
  The court held that the RICO statute was not unconstitutionally vague as applied to the appellants' conduct and that prior state acquittals for predicate offenses did not bar their federal RICO prosecution under the dual sovereignty doctrine.
• United States v. McCOY
  539 F.2d 1050· 5th Cir.· 1976-09-30 ·cited 91×
  The court held that the wiretaps were lawful, the prosecutor's comment was not reversible error, and the statute was not void for vagueness. However, the evidence was insufficient to convict appellant Bell.
• United States v. Mandell Jackson
  935 F.2d 832· 7th Cir.· 1991-06-14 ·cited 85×
  The court held that the money laundering statute was not unconstitutionally vague as applied to Davis and that sufficient evidence supported the conspiracy convictions. However, Gines's case was remanded for resentencing due to an erroneous obstruction of justice enhancement.
• Thomas v. State
  326 So. 2d 413· Fla.· 1975-12-03 ·cited 84×
  Frank Douglas Thomas appeals his conviction for crimes including assault, battery, and violating Florida's sodomy statute (Section 800.02). The Florida Supreme Court affirmed, rejecting arguments that prosecutorial remarks denied him a fair trial, that the sodomy statute was unco
• State v. Rodriquez
  365 So. 2d 157· Fla.· 1978-11-22 ·cited 76×
  The Florida Supreme Court upheld the constitutionality of Florida's food stamp fraud statute against vagueness challenges, holding that the phrase "in any manner not authorized by law" provides sufficient notice by incorporating both state and federal food stamp regulations. The
• United States v. Roberts
  898 F.2d 1465· 10th Cir.· 1990-03-15 ·cited 70×
  The court affirmed the sentence, holding that the sentencing guideline proviso for applying a more serious offense level based on stipulated facts was not unconstitutionally vague and that the district court correctly applied the robbery guideline, determined the defendant 'other
• United States v. Thompson
  603 F.2d 1200· 5th Cir.· 1979-10-05 ·cited 70×
  The court held that the statutes and regulations regarding currency transaction reporting were not unconstitutionally vague as applied and that structuring a transaction to avoid reporting requirements was unlawful.
• United States v. Fisher
  289 F.3d 1329· 11th Cir.· 2002-05-02 ·cited 68×
  The Eleventh Circuit affirmed the district court's denial of the appellants' motion to dismiss the indictment. The court held that the Analogue Act, 21 U.S.C. § 813, as applied to gamma-butyrolactone (GBL), was not unconstitutionally vague. The court found that GBL is a controlle
• State v. Barquet
  262 So. 2d 431· Fla.· 1972-02-14 ·cited 68×
  The Florida Supreme Court invalidated the state's abortion statutes (Fla.Stat. §§ 782.10 and 797.01) as unconstitutionally vague under the Fourteenth Amendment and Florida Constitution, holding that the phrase "necessary to preserve the life of such mother" fails to give fair not
• State v. Brake
  796 So. 2d 522· Fla.· 2001-09-20 ·cited 64×
  The Florida Supreme Court reviewed a district court decision invalidating Florida Statute 787.025, which criminalizes luring a child under twelve into a structure by persons with prior sexual offense convictions. The Court held the statute is not unconstitutionally vague or overb
• United States v. Webster
  639 F.2d 174· 4th Cir.· 1981-01-15 ·cited 64×
  The court held that wiretap applications and orders were valid, jury instructions were harmlessly erroneous, and the RICO statute requires the enterprise's affairs to be conducted through racketeering, not the reverse.
• United States v. Gerald Levy (89-5980) & Calvin Black (89-6099)
  904 F.2d 1026· 6th Cir.· 1990-05-25 ·cited 63×
  The court affirmed the convictions and sentences, holding that the district court did not err in its evidentiary rulings, jury instructions, or sentencing decisions, and that the challenged statute was not unconstitutionally vague or disproportionate.
• United States v. Alfreda Barnes
  890 F.2d 545· 1st Cir.· 1989-11-30 ·cited 61×
  The court held that there was sufficient evidence to support the jury's verdict of constructive possession of cocaine base and possession of a firearm by a felon, and that the term 'cocaine base' was not unconstitutionally vague, nor were the jury instructions on reasonable doubt
• Moshe Leib v. Hillsborough Cnty. Pub. Transp. Comm'n
  558 F.3d 1301· 11th Cir.· 2009-02-19 ·cited 57×
  The Eleventh Circuit affirmed the district court's dismissal of the plaintiff's complaint, holding that the Hillsborough County Public Transportation Commission's "luxury" requirement for limousines did not violate due process or equal protection, was not unconstitutionally vague
• In re Wissam T. Hammoud
  931 F.3d 1032· 11th Cir.· 2019-07-23 ·cited 56×
  The Eleventh Circuit granted petitioner's application for leave to file a second or successive motion to vacate his sentence, finding he made a prima facie showing that his § 924(c) conviction is unconstitutional under the new rule announced in Davis.
• State v. Sydney Rochelle
  609 So. 2d 613· Fla. 4th DCA· 1992-07-22 ·cited 54×
  The Fourth District Court of Appeal reversed the county court's decision excluding breathalyzer test results obtained before August 1, 1991, when non-promulgated forms were used for periodic equipment testing. The court held that the administrative rules were not void for vaguene
• Iva Nelson Gonzales v. City OF Belle Glade
  287 So. 2d 669· Fla.· 1973-12-20 ·cited 50×
  The Florida Supreme Court reversed convictions of three defendants under the disorderly conduct statute (Fla.Stat. § 877.03), holding that the evidence presented—protest participation with threatening comments and complaining about restaurant service—was insufficient to constitut
• Bromley v. Crisp
  561 F.2d 1351· 10th Cir.· 1977-04-12 ·cited 49×
• United States v. Cook
  745 F.2d 1311· 10th Cir.· 1984-10-09 ·cited 46×
  The court held that 31 U.S.C. § 5313 applies to individuals who cause financial institutions to file inaccurate Currency Transaction Reports, and that the district court did not err in amending the indictment or admitting evidence of subsequent conduct.
• Owens v. Louie L. Wainwright
  698 F.2d 1111· 11th Cir.· 1983-02-22 ·cited 46×
  The court held that the petitioner's guilty plea was voluntary and knowing, his counsel was effective, and the challenged statute was constitutional.
• United States v. Cyrus
  890 F.2d 1245· D.C. Cir.· 1989-12-12 ·cited 44×
  The court held that challenges to the Federal Sentencing Guidelines were without merit, but remanded ineffective assistance of counsel claims for development of a record.
• Brasslett v. Cota
  761 F.2d 827· 1st Cir.· 1985-05-16 ·cited 44×
  The court held that the plaintiff's discharge for speech made during a television interview violated his First Amendment rights, reversing the district court's decision on this claim.
• Garden v. Frier
  602 So. 2d 1273· Fla.· 1992-07-02 ·cited 43×
  The Florida Supreme Court held that land surveyors are not "professionals" under Florida's professional malpractice statute of limitations because the state licensing requirements allow some future admittees to practice without a four-year college degree. The Court established a
• United States v. Reeves
  752 F.2d 995· 5th Cir.· 1985-01-28 ·cited 42×
• Vashon Oland Lewis v. State
  751 So. 2d 106· Fla. 5th DCA· 1999-12-30 ·cited 40×
  Vashon Lewis appeals his dual sentencing as both a habitual violent felony offender and a prison releasee reoffender for burglary of an occupied dwelling. The court held that Florida's Prison Releasee Reoffender Act authorizes only the greater of the two sentences, not both, and
• In re Kelly v. Kelly
  841 F.2d 908· 9th Cir.· 1988-03-02 ·cited 40×
  The court held that debts secured by real property can be considered consumer debts and that a debtor's ability to repay debts is the primary factor in determining 'substantial abuse' under 11 U.S.C. § 707(b).
• Waldron v. McATEE
  723 F.2d 1348· 7th Cir.· 1983-12-22 ·cited 40×
  The court held that abstention is appropriate in this case to allow Indiana state courts to interpret the Indianapolis loitering ordinance, thereby potentially avoiding or altering the federal constitutional issue.
• United Bev. Co. OF S. Bend, Inc. v. Ind. Alcoholic Bev. Comm'n
  760 F.2d 155· 7th Cir.· 1985-04-22 ·cited 37×
  There is no independent federal constitutional doctrine of excessive delegation of state legislative power, and state law claims should be dismissed for lack of federal jurisdiction when the federal claim is dismissed.
• United States v. Baranski
  484 F.2d 556· 7th Cir.· 1973-08-29 ·cited 36×
  The court held that the defendants had standing to challenge their conspiracy conviction based on the unconstitutionality of one alleged object of the conspiracy, and that the statute was not unconstitutionally vague or overbroad.
• Burns v. Town of Palm Beach
  999 F.3d 1317· 11th Cir.· 2021-06-08 ·cited 35×
  Donald Burns challenged his local architectural review commission's denial of his building permit to demolish and replace his beachfront mansion with a larger midcentury modern design, arguing the commission's criteria violated his First Amendment free speech rights and his Fourt
• Rice v. State
  754 So. 2d 881· Fla. 5th DCA· 2000-04-14 ·cited 35×
  The court held that Florida Statute § 893.13(1)(e), which enhances penalties for drug offenses near places of worship, does not violate the establishment clause, is not void for vagueness, and does not violate due process or equal protection rights.
• United States v. House
  939 F.2d 659· 8th Cir.· 1991-07-30 ·cited 34×
  The court held that the defendant's incriminating statements were properly admitted, evidence of prior criminal conduct was admissible, the jury instructions were appropriate, and the sentence for possession of cocaine base was constitutional.
• Levy v. Parker
  478 F.2d 772· 3d Cir.· 1973-04-18 ·cited 34×
  The court held that the joinder of unconstitutional charges with a valid charge did not substantially prejudice the defendant's right to a fair trial on the valid charge, nor did it rebut the presumption of validity for the general sentence.
• United States v. Floyd
  477 F.2d 217· 10th Cir.· 1973-04-13 ·cited 34×
  The court held that the appellants were properly convicted under 18 U.S.C.A. § 1382 for entering a military reservation without permission, as the regulation was valid and they had notice.
• Hines v. Baker
  422 F.2d 1002· 10th Cir.· 1970-02-17 ·cited 34×
  The court affirmed the denial of habeas corpus relief, finding no constitutional infringement regarding the waiver of appeal, the constitutionality of the felony murder statute, or the denial of a transcript for exploratory purposes.
• United States v. Roth
  237 F.2d 796· 2d Cir.· 1956-09-18 ·cited 34×
• Loxahatchee River Env't Control Dist. v. Sch. Bd. OF Palm Beach Cnty.
  496 So. 2d 930· Fla. 4th DCA· 1986-10-29 ·cited 33×
  The Loxahatchee River Environmental Control District appealed a trial court judgment holding that statutory service availability and line charges imposed on the School Board of Palm Beach County constitute prohibited impact fees under Florida law. The court affirmed, finding the
• United States v. Ferguson
  776 F.2d 217· 8th Cir.· 1985-10-17 ·cited 32×
  The court affirmed the conviction, holding that the appellant waived his Speedy Trial Act rights by failing to object, that the expungement of prior convictions was validly handled, and that the evidence and jury instructions were proper.
• Hattie Mae Ricks v. Dist. OF Columbia
  414 F.2d 1097· D.C. Cir.· 1968-12-23 ·cited 32×
  The court held that the challenged subsections of the District of Columbia vagrancy statute are unconstitutionally vague because they fail to provide fair notice of prohibited conduct and grant excessive discretion to law enforcement.