Void For Vagueness Doctrine

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

• Mills v. Hunter
  204 F.2d 468· 10th Cir.· 1953-04-28 ·cited 32×
  The court held that the Texas sentence was not void for vagueness and did not run concurrently with other sentences, thus petitioner had not fully served his time.
• United States v. van Hawkins
  899 F.2d 852· 9th Cir.· 1990-03-27 ·cited 31×
  The court held that the statutes penalizing trafficking of cocaine base are not unconstitutionally vague, as they provide sufficient notice of prohibited conduct and guidelines for law enforcement.
• Schwartzmiller v. Darrol Gardner
  752 F.2d 1341· 9th Cir.· 1984-12-20 ·cited 31×
  The court held that the statute was not unconstitutionally vague as applied to the defendant's conduct, but reversed the district court's finding of facial vagueness.
• State v. Hayles
  240 So. 2d 1· Fla.· 1970-09-30 ·cited 30×
  The Florida Supreme Court answered certified questions regarding whether the Florida Drug Abuse Law prohibits possession and delivery of LSD and whether the statutory language is sufficiently precise to avoid vagueness challenges. The Court held that the legislature intended to r
• Tseung CHU v. Cornell
  247 F.2d 929· 9th Cir.· 1957-07-11 ·cited 30×
  A conviction for willful failure to pay federal income tax involves moral turpitude under federal immigration law, regardless of state court interpretations.
• United States v. Ryan
  225 F.2d 417· 2d Cir.· 1955-07-01 ·cited 30×
  The dissenting judge believes the statute covers payments to union officials, even if not for the union treasury or during negotiation.
• United States ex rel. Nickolas Diani Circella v. Sahli
  216 F.2d 33· 7th Cir.· 1954-10-12 ·cited 30×
  The court held that the relator was subject to deportation based on prior convictions and that the Immigration and Nationality Acts were constitutional as applied. The court also affirmed the lower court's dismissal of the writ of habeas corpus.
• Heyman v. Cooper
  31 F.4th 1315· 11th Cir.· 2022-04-18 ·cited 28×
  The court held that the pre-amendment Unified Development Code prohibited short-term rentals, meaning plaintiffs do not have a grandfathered right to continue such rentals under the amended ordinance.
• United States v. Poulos
  667 F.2d 939· 10th Cir.· 1982-01-07 ·cited 28×
  The court held that the portion of 18 U.S.C. § 844(j) defining 'explosive' was not void for vagueness and that substantial evidence supported the jury's verdict.
• Exxon Corp. v. Busbee
  644 F.2d 1030· 5th Cir.· 1981-05-11 ·cited 28×
  A statute is unconstitutionally vague if it is so indefinite that it amounts to no rule or standard at all, even in the commercial context. The statute here, while imperfect, is sufficiently comprehensible to be interpreted.
• Phillips Petroleum Co. v. Anderson
  74 So. 2d 544· Fla.· 1954-08-31 ·cited 28×
  Phillips Petroleum sought a permit to build a gasoline filling station on property zoned for business in Lakeland, Florida. The Florida Supreme Court held that a subsection of the city zoning ordinance that gave the Building Inspector discretion to deny permits based on vague cri
• Precious Metals Assocs., Inc. v. Commodity Futures Trading Comm'n
  620 F.2d 900· 1st Cir.· 1980-04-17 ·cited 27×
  The court held that the Commodity Exchange Act and its regulations were not void for vagueness, and that the Commission's actions were not barred by equitable estoppel or laches. The court affirmed the Commission's cease and desist order.
• Dream Defenders v. Governor of the State of Fla.
  57 F.4th 879· 11th Cir.· 2023-01-10 ·cited 26×
  The Eleventh Circuit certified a question about the interpretation of Florida's riot statute to the Florida Supreme Court, finding it appropriate to allow the state court to interpret the law before ruling on its constitutionality.
• Powell v. State
  508 So. 2d 1307· Fla. 1st DCA· 1987-06-17 ·cited 26×
  Correctional officers Powell and Roulhac were convicted of malpractice by a jailer under Florida Statute § 950.09 for using excessive force on inmates. They appealed, arguing the statute's prohibition on "willful inhumanity and oppression" is unconstitutionally vague, but the cou
• Cotton States Mut. Ins. Co. v. J.O. Anderson, Jr.
  749 F.2d 663· 11th Cir.· 1984-12-26 ·cited 26×
  The court affirmed the district court's summary judgment, holding that the Georgia No-Fault Act, despite its "tortured history" of interpretation, was not unconstitutionally vague or a denial of due process or equal protection.
• United States v. McCLAIN
  593 F.2d 658· 5th Cir.· 1979-04-23 ·cited 26×
  The court held that the National Stolen Property Act applies to pre-Columbian artifacts declared owned by Mexico, but reversed convictions on the substantive count due to erroneous jury instructions on Mexican law.
• City OF Pompano Beach v. Capalbo
  455 So. 2d 468· Fla. 4th DCA· 1984-08-08 ·cited 25×
  The Florida District Court of Appeal held that Pompano Beach's ordinance prohibiting sleeping in vehicles is unconstitutionally vague and overbroad. The ordinance failed to provide law enforcement with minimal guidelines, leaving arrest decisions to police discretion, and crimina
• United States v. Mowat
  582 F.2d 1194· 9th Cir.· 1978-07-18 ·cited 25×
  The court held that the defendants' convictions for entering a military reservation were valid because, despite the Instruction not being published in the Federal Register, the defendants had actual and timely notice of the prohibition, and specific intent was not a required elem
• Winnick v. Manning
  460 F.2d 545· 2d Cir.· 1972-03-09 ·cited 25×
  A university student's due process rights are not violated by disciplinary proceedings where the decision maker is an administrator and cross-examination of a complaining witness is denied if the student admits the core facts and the witness's specific statements are irrelevant t
• In re Rivero
  797 F.3d 986· 11th Cir.· 2015-08-12 ·cited 24×
  The Supreme Court's decision in Johnson v. United States, which declared the residual clause of the Armed Career Criminal Act (ACCA) unconstitutionally vague, announced a new substantive rule of constitutional law. This rule is retroactive to cases on collateral review because it
• Speed v. State
  779 So. 2d 265· Fla.· 2001-02-01 ·cited 24×
  The Florida Supreme Court reviewed Speed's challenge to his sentence under the Prison Releasee Reoffender Act, holding that the Act does not violate separation of powers, is not void for vagueness, does not constitute cruel and unusual punishment, and does not give victims a veto
• Carino v. State
  635 So. 2d 9· Fla.· 1994-03-10 ·cited 24×
  The court held that administrative rules for breath-testing machines were not void for vagueness and their use in criminal trials was permissible. The court adopted the reasoning of a prior opinion in Rochelle.
• State v. Nevadomski
  619 So. 2d 310· Fla. 4th DCA· 1993-03-10 ·cited 24×
  The court reversed the suppression order and remanded the case for further proceedings.
• United States v. Gjon Berisha
  925 F.2d 791· 5th Cir.· 1991-02-21 ·cited 24×
  The court held that routine border searches of outgoing travelers are permissible under the Fourth Amendment without reasonable suspicion, and that the defendant's statements were not obtained in violation of Miranda v. Arizona.
• United States v. Shaw
  920 F.2d 1225· 5th Cir.· 1991-01-03 ·cited 24×
  The court held that a defendant lacks standing to challenge the constitutionality of a statute based on inconsistent penalty provisions if the district court sentenced him under the less severe provision, and that the oral sentence pronouncement prevails over a conflicting writte
• Aladdin's Castle, Inc. v. The City OF Mesquite
  630 F.2d 1029· 5th Cir.· 1980-11-17 ·cited 24×
  The court held that the ordinance's "connection with criminal elements" language is void for vagueness, violating due process, but affirmed the district court's upholding of the age restriction.
• Slaughter v. State
  301 So. 2d 762· Fla.· 1974-09-25 ·cited 24×
  The Florida Supreme Court affirmed convictions for conspiracy to commit arson and arson of a school building, rejecting constitutional challenges to Florida's conspiracy statute and jury selection procedures, and finding no reversible error in the trial court's conduct.
• Virvus Jones v. Snead
  431 F.2d 1115· 8th Cir.· 1970-10-01 ·cited 24×
  The court held that the district court did not abuse its discretion in denying a preliminary injunction for student reinstatement, as a complete record and final judgment are necessary for appellate review of due process claims.
• United States v. DeSTAFANO
  429 F.2d 344· 2d Cir.· 1970-07-22 ·cited 24×
  The court affirmed the conviction, holding that the federal loansharking statute was constitutional as applied to the defendant's conduct and that the indictment was not multiplicitous.
• Millard v. Harris
  406 F.2d 964· D.C. Cir.· 1968-11-08 ·cited 24×
  The court held that the Sexual Psychopath Act, when interpreted to mean 'not mentally ill,' is not applicable to the appellant because his past sexual misconduct does not demonstrate a likelihood of future dangerousness sufficient to justify commitment under the statute.
• Fajardo v. State
  805 So. 2d 961· Fla. 2d DCA· 2001-11-21 ·cited 23×
  Three defendants appealed convictions for possessing altered INS cards under Florida Statute § 322.212(1)(c), which prohibits possession of forged identification cards. The court affirmed, holding that the statute's plain language covers federal government-issued identification c
• Bunkley v. State
  882 So. 2d 890· Fla.· 2004-05-27 ·cited 22×
  On remand from the U.S. Supreme Court, the Florida Supreme Court reaffirmed Bunkley's 1987 armed burglary conviction, holding that under Florida law in 1989, whether his three-inch folding knife was a 'common pocketknife' exception or a 'dangerous weapon' was properly a jury ques
• McDOWELL v. State
  789 So. 2d 956· Fla.· 2001-07-05 ·cited 22×
  The Court held that the Prison Releasee Reoffender Act does not require proof of a defendant's release to a jury beyond a reasonable doubt, as it limits sentencing discretion rather than increasing the maximum statutory penalty.
• United States v. Batchelder
  581 F.2d 626· 7th Cir.· 1978-07-24 ·cited 22×
  The court held that the prosecutor's discretion to indict under either 18 U.S.C. § 922(h) or § 1202(a), despite overlapping offenses and differing penalties, does not violate the Constitution.
• Valarie Goguen v. Smith
  471 F.2d 88· 1st Cir.· 1972-12-14 ·cited 22×
  The court held that the Massachusetts flag contempt statute is unconstitutionally vague and overbroad, violating the First and Fourteenth Amendments.
• United States v. Shackney
  333 F.2d 475· 2d Cir.· 1964-06-05 ·cited 22×
  The court held that the evidence did not establish that the defendant held the Oros family in involuntary servitude under 18 U.S.C. § 1584, as the Oros family was not subjected to compulsory service by force or threat of force.
• Fleuti v. Rosenberg
  302 F.2d 652· 9th Cir.· 1962-04-17 ·cited 22×
  The court held that the term 'psychopathic personality' as used in the Immigration and Nationality Act is void for vagueness when applied to the petitioner, thus violating due process.
• Berger v. United States
  200 F.2d 818· 8th Cir.· 1952-12-30 ·cited 22×
  The court held that the statute was not unconstitutionally vague and that the evidence was sufficient to support the conviction for shipping adulterated food.
• State v. Conforti
  688 So. 2d 350· Fla. 4th DCA· 1997-01-08 ·cited 21×
  Florida appeals the dismissal of lewdness charges against two exotic dancers who performed explicit sexual acts in a private room at an adult entertainment venue. The trial court had declared the lewdness statute unconstitutional on First Amendment, vagueness, overbreadth, and pr
• State v. Reisner
  584 So. 2d 141· Fla. 5th DCA· 1991-08-08 ·cited 21×
  The Florida Fifth District Court of Appeal upheld the exclusion of breath test results in a DUI prosecution, holding that the administrative rule governing annual accuracy checks of breathalyzer machines was unconstitutionally vague and that the state failed to prove substantial
• Horn v. Burns AND ROE
  536 F.2d 251· 8th Cir.· 1976-06-04 ·cited 21×
  The court held that the Nebraska statute of limitations for professional negligence is not unconstitutionally vague and was properly applied to dismiss the plaintiff's claim.
• United States v. Dischner
  974 F.2d 1502· 9th Cir.· 1992-04-03 ·cited 20×
  The court affirmed the convictions, holding that the RICO statute and Alaska's commercial bribe receiving statute were not unconstitutionally vague as applied to the defendants' conduct. The court also found no abuse of discretion in proceeding with an eleven-person jury and no i
• The Chicago Bd. OF Realtors, Inc. v. The City OF Chicago
  819 F.2d 732· 7th Cir.· 1987-05-14 ·cited 20×
  The court affirmed the district court's denial of a preliminary injunction, holding that the plaintiffs had not shown a reasonable likelihood of prevailing on their constitutional challenges to the Chicago Residential Landlord and Tenant Ordinance.
• United States v. MacKENZIE
  777 F.2d 811· 2d Cir.· 1985-11-20 ·cited 20×
  The court affirmed convictions, holding that the tax withholding statutes were not unconstitutionally vague as applied to the defendants' conduct and that Section 530 of the Revenue Act of 1978 did not provide a defense to criminal prosecution for willful evasion.
• United States v. Douglass
  579 F.2d 545· 9th Cir.· 1978-08-04 ·cited 20×
  The court held that the appellant's reentry onto the military reservation, even to use a public phone booth outside the main fence but within a marked boundary, constituted a violation of 18 U.S.C. § 1382, and the statute was constitutional as applied.
• Steffens v. The State of Fla. ex rel. Elsa Iris Lugo
  343 So. 2d 90· Fla. 3d DCA· 1977-03-08 ·cited 20×
  Elsa Iris Lugo petitioned for a writ of habeas corpus challenging her arrest under a Miami Springs municipal ordinance prohibiting female employees from exposing their breasts. The Florida District Court of Appeal affirmed the lower court's decision that the ordinance was unconst
• State v. Camil
  279 So. 2d 832· Fla.· 1973-06-20 ·cited 20×
  A biennial revision of Florida statutes cannot substantively incorporate by reference newly prohibited drugs from subsequent federal enactments, as such inclusion lacks the constitutional title notice and legislative deliberation required for substantive changes to criminal law.
• United States v. Boyd
  491 F.2d 1163· 9th Cir.· 1973-04-18 ·cited 20×
  The court held that the Department of the Interior's regulations, defining a "harmful" oil discharge by the "sheen test" and exempting spills from properly functioning vessel engines, are a valid exercise of delegated rulemaking authority under 33 U.S.C. § 1161(b).
• Henninger v. State
  251 So. 2d 862· Fla.· 1971-06-16 ·cited 20×
  The trial court properly admitted three gruesome photographs as relevant evidence of the cause of death and identity, and the court did not err in its jury instructions, voir dire rulings, or failure to provide sentencing guidelines in a capital murder case.
• Stoney Lester v. United States
  921 F.3d 1306· 11th Cir.· 2019-04-29 ·cited 19×
  Stoney Lester challenged his sentence imposed under the mandatory Sentencing Guidelines, arguing that the career-offender provision he was sentenced under was unconstitutionally vague under Johnson v. United States. The Eleventh Circuit denied rehearing en banc, with the majority