Void For Vagueness Doctrine

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

• United States v. Bryant
  716 F.2d 1091· 6th Cir.· 1983-09-02 ·cited 19×
  The court held that the Lacey Act is not unconstitutionally vague or an improper delegation of power, and any error in commenting on a jury instruction was harmless.
• State v. Holden
  299 So. 2d 8· Fla.· 1974-07-24 ·cited 19×
  The Florida Supreme Court reversed a county court's dismissal of a disorderly intoxication charge, holding that Florida Statutes Section 856.011 is constitutional and does not violate principles against improper delegation of legislative power or vagueness.
• Diapulse Corp. OF Am. v. Food & Drug Admin. OF the Dep't OF Health
  500 F.2d 75· 2d Cir.· 1974-05-09 ·cited 19×
  The court reaffirmed its prior holding that the fees charged by the FDA were unauthorized and that the appellant did not need to exhaust administrative remedies. The court acknowledged potential error in identifying the correct administrative review process but found it did not a
• United States v. Woodard
  376 F.2d 136· 7th Cir.· 1967-04-04 ·cited 19×
  The court held that the Illinois disorderly conduct statute is not unconstitutionally vague or an undue contravention of freedom of speech when construed narrowly.
• Boddie v. Am. Broad. Cos., Inc.
  881 F.2d 267· 6th Cir.· 1989-07-28 ·cited 18×
  The court held that the Wiretap Act's "injurious act" language was not unconstitutionally vague, and amendments could not retroactively alter past legal outcomes.
• Home Depot, Inc. v. Guste
  773 F.2d 616· 5th Cir.· 1985-10-10 ·cited 18×
  The court held that Louisiana's Sunday Closing Law (La.Rev.Stat.Ann. § 51:194) does not violate the U.S. or Louisiana Constitutions and reversed the district court's injunction.
• Baer v. The City OF Wauwatosa
  716 F.2d 1117· 7th Cir.· 1983-08-22 ·cited 18×
  The court held that the plaintiff did not possess a constitutionally cognizable property interest in operating an unlicensed business or a license issued in error.
• United States v. Greene
  697 F.2d 1229· 5th Cir.· 1983-01-31 ·cited 18×
  The court held that the statute prohibiting federal employees from striking is not void for vagueness and that the prosecution of the defendants did not violate equal protection.
• Nat'l Crushed Stone Ass'n, Inc. v. Env't Prot. Agency
  601 F.2d 111· 4th Cir.· 1979-06-18 ·cited 18×
  The court held that the EPA's TSS limitations for mine dewatering and process generated wastewater were invalid due to the agency's failure to provide the public with an opportunity to comment on the underlying data. The court also found the recycling provisions void for vaguenes
• City OF ST. Petersburg v. Waller
  261 So. 2d 151· Fla.· 1972-04-12 ·cited 18×
  The Florida Supreme Court upheld St. Petersburg's ordinance prohibiting verbal abuse of police officers, reversing the District Court's finding that the ordinance was unconstitutionally vague and overbroad. The court held that the word "pig" directed at officers through a megapho
• Wright v. The City OF Montgomery
  406 F.2d 867· 5th Cir.· 1969-01-27 ·cited 18×
  The court held that the Montgomery ordinances for Disorderly Conduct, Loitering, and Failure to Obey are constitutional on their face, as interpreted by Alabama courts, and thus federal injunctive relief is not warranted.
• Weissman v. United States
  373 F.2d 799· 9th Cir.· 1967-02-17 ·cited 18×
  The court held that the phrase 'user of narcotic drugs' in 18 U.S.C. § 1407 is unconstitutionally vague because it fails to provide a sufficiently clear standard of conduct.
• Romero v. People of Puerto RICO
  182 F.2d 864· 1st Cir.· 1950-06-16 ·cited 18×
  The appeal is dismissed for lack of jurisdiction because no substantial federal question was properly raised or decided below, and the court must accept the Insular Supreme Court's interpretation of local law.
• L.B. v. State
  681 So. 2d 1179· Fla. 2d DCA· 1996-10-16 ·cited 17×
  A juvenile was convicted of possessing a weapon on school property under Florida law, which contained an exception for "common pocketknives." The appellate court held that the "common pocketknife" exception was unconstitutionally vague under the Due Process Clause and struck it f
• Moffett v. State
  340 So. 2d 1155· Fla.· 1976-10-14 ·cited 17×
  Florida's disorderly conduct statute prohibiting acts that corrupt public morals or outrage public decency is constitutional as applied to adult females appearing topless in public places, including public beaches.
• United States v. NEW Orleans Book Mart, Inc.
  490 F.2d 73· 5th Cir.· 1974-02-19 ·cited 17×
  Convictions for transporting obscene material interstate are affirmed, as the materials fall within the legal parameters of obscenity under both prior and subsequent standards.
• McGREGOR v. State
  789 So. 2d 976· Fla.· 2001-07-12 ·cited 16×
  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 statutory maximum penalty.
• Barr v. State
  731 So. 2d 126· Fla. 4th DCA· 1999-04-21 ·cited 16×
  Two chiropractors challenged Florida's statute prohibiting solicitation of motor vehicle accident victims for insurance claims as unconstitutionally overbroad, vague, and violative of due process and equal protection. The court upheld the statute as a valid restriction on commerc
• United States v. Cherry
  938 F.2d 748· 7th Cir.· 1991-07-26 ·cited 16×
  The court affirmed the convictions, holding that the statute was not void for vagueness as applied, the victim's statements were admissible hearsay, and the sentence enhancement for obstruction of justice was proper.
• United States v. Thomas
  864 F.2d 188· D.C. Cir.· 1988-12-30 ·cited 16×
  The court held that the Park Service regulation prohibiting camping was not unconstitutionally vague as applied to the Thomases, and that substantial evidence supported their convictions for violating the regulation.
• United States v. Jordan
  747 F.2d 1120· 7th Cir.· 1984-10-17 ·cited 16×
  The court should have granted the writ of habeas corpus and released the petitioner unless the state trial court articulated compelling reasons for holding him to bail he could not meet.
• United States v. Prof'l AIR Traffic Controllers Org. (Patco)
  678 F.2d 1· 1st Cir.· 1982-05-13 ·cited 16×
  The court held that the unconditional $5,000 fine imposed for civil contempt was punitive and impermissible in a civil proceeding, but the finding of civil contempt itself was valid.
• United States v. Edelson
  581 F.2d 1290· 7th Cir.· 1978-08-30 ·cited 16×
  The court held that the defendant's false statements to the grand jury were material and that the government's conduct did not violate due process or constitute entrapment.
• Balthazar v. Superior Court OF the Commonwealth OF Mass.
  573 F.2d 698· 1st Cir.· 1978-04-04 ·cited 16×
  The court held that the Massachusetts statute prohibiting "unnatural and lascivious acts" was unconstitutionally vague as applied to the petitioner's conduct of fellatio and oral-anal contact.
• United States v. Maude
  481 F.2d 1062· D.C. Cir.· 1973-05-24 ·cited 16×
  The court held that the fabricated stamp qualified as a 'postmarking stamp' under 18 U.S.C. § 503, the admission of identification cards was lawful under the plain view doctrine, and the evidence was sufficient to support the jury's finding of criminal intent. The court also affi
• Herrera v. United States
  208 F.2d 215· 9th Cir.· 1953-11-19 ·cited 16×
• Samples v. Fla. Birth-Related Neurological Injury Comp. Ass'n
  114 So. 3d 912· Fla.· 2013-05-16 ·cited 15×
  The Florida Supreme Court upheld the constitutionality of section 766.31(l)(b)1 of the Florida Birth-Related Neurological Injury Compensation Plan, which caps parental compensation at a single $100,000 award per claim regardless of the number of parents. The Court held that the l
• Simmons v. State
  886 So. 2d 399· Fla. 1st DCA· 2004-11-15 ·cited 15×
  Michael John Simmons appealed his convictions under Florida Statutes sections 847.0135 and 847.0138, which criminalize luring minors online and transmitting harmful material to minors via electronic mail. The Florida First District Court of Appeal upheld the convictions, rejectin
• Dickerson v. State
  783 So. 2d 1144· Fla. 5th DCA· 2001-03-30 ·cited 15×
  Mathew Dickerson challenged the constitutionality of Florida statutes enhancing penalties for drug offenses committed within 1,000 feet of a convenience business, arguing the definition of 'convenience business' was unconstitutionally vague. The Fifth District Court of Appeal uph
• Reyneldon J. Davis v. State
  710 So. 2d 635· Fla. 5th DCA· 1998-04-03 ·cited 15×
  Davis was stopped for violating Florida's noise statute when an off-duty officer observed his vehicle's stereo audible from 175 feet away. Davis challenges the stop as unconstitutional, arguing the noise statute is void for vagueness and violates free speech rights. The court aff
• State v. Long
  544 So. 2d 219· Fla. 2d DCA· 1989-03-31 ·cited 15×
  Florida appealed the trial court's dismissal of an amended information charging defendants with violating Florida's obscenity statute and RICO Act. The court reversed, holding that the obscenity statute is constitutional, that defendants have standing to assert their customers' p
• Reaves v. State
  979 So. 2d 1066· Fla. 1st DCA· 2008-03-31 ·cited 14×
  Daniel Reaves appeals his convictions for racing on a highway and vehicular homicide, arguing the trial court abused its discretion in denying his motion to withdraw his guilty plea for lack of factual basis on causation, and that the racing statute is facially unconstitutional.
• Nelson v. State
  811 So. 2d 761· Fla. 4th DCA· 2002-03-06 ·cited 14×
  Isaac Jerome Nelson, III was convicted of second-degree murder and attempted first-degree murder with a firearm in the deaths/injuries of his father and the father's girlfriend. He was sentenced under Florida's mandatory 10/20/Life statute to 26.6 years imprisonment. The appellat
• Branch v. State
  790 So. 2d 437· Fla. 1st DCA· 2000-03-21 ·cited 14×
  Paul Branch appeals his conviction and sentencing for two counts of battery on a law enforcement officer, challenging the constitutionality of Florida's Prison Releasee Reoffender Punishment Act under seven constitutional provisions. The court affirms his conviction and concurren
• United States v. Jackson
  968 F.2d 158· 2d Cir.· 1992-06-15 ·cited 14×
  The court held that the enhanced penalty provisions for 'cocaine base' are not void for vagueness because 'cocaine base' has a clear, undisputed scientific definition, and the provisions are not unconstitutionally vague as applied to the facts of the case.
• United States v. Pinelli
  890 F.2d 1461· 10th Cir.· 1989-06-09 ·cited 14×
  The court reaffirmed its prior decision, holding that 18 U.S.C. § 1955 is not unconstitutionally vague and that the evidence was sufficient to support the convictions of the appellants.
• United States v. Kaylor
  877 F.2d 658· 8th Cir.· 1989-06-08 ·cited 14×
  The court held that the statute was not unconstitutionally vague, the evidence was sufficient to establish replacement cost, discovery was properly denied, speedy trial rights were not violated, and evidence was legally seized.
• Beverly v. Warden Mr. Charlie Jones & the Attorney Gen. of the State of Ala.
  854 F.2d 412· 11th Cir.· 1988-09-02 ·cited 14×
  The court held that a retrial on a lesser included offense is permissible after a conviction on a greater offense is reversed for insufficient evidence, and that federal courts must defer to state court interpretations of state statutes in habeas proceedings.
• Celso Lopez Lopez v. Aran
  844 F.2d 898· 1st Cir.· 1988-04-25 ·cited 14×
  The court held that the INS checkpoint procedures at Isla Verde airport, including initial questioning and secondary inspections, were permissible under the Fourth Amendment, but the practice of seizing passenger tickets during questioning was problematic.
• United States v. Hernandez-Salazar
  813 F.2d 1126· 11th Cir.· 1987-04-03 ·cited 14×
  The court held that while the statute is facially constitutional and reasonable suspicion is the correct standard, its application in this case was unconstitutional.
• Fields v. City OF Omaha
  810 F.2d 830· 8th Cir.· 1987-02-09 ·cited 14×
  The court held that the Omaha loitering and prowling ordinance is unconstitutionally vague on its face and that the arresting officer lacked reasonable suspicion to stop the plaintiff, thus violating her constitutional rights.
• 511 Detroit St., Inc. v. Kelley
  807 F.2d 1293· 6th Cir.· 1986-12-17 ·cited 14×
  The Sixth Circuit reversed the district court's finding that Michigan's anti-obscenity law (Section 5) was unconstitutionally vague or overbroad, and remanded the case.
• Watson v. Blackburn
  756 F.2d 1055· 5th Cir.· 1985-03-18 ·cited 14×
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, thus denying his application for a stay of execution and certificate of probable cause.
• United States v. Garvin Dale White
  706 F.2d 506· 5th Cir.· 1983-05-19 ·cited 14×
  The court held that the defendant's waiver of his right to conflict-free counsel was invalid because the trial court failed to adequately inform him of the specific dangers and potential prejudice arising from his attorneys' conflict of interest.
• Marrs v. State
  413 So. 2d 774· Fla. 1st DCA· 1982-03-22 ·cited 14×
  Petitioners challenged an Escambia County ordinance prohibiting the knowing exposure of sexual organs and breasts in commercial establishments. The court held the ordinance unconstitutional as void for vagueness because it fails to provide fair notice of what conduct is prohibite
• United Parcel Serv. OF Ohio, Inc. v. Occupational Safety & Health Review Comm'n & Ray Marshall
  570 F.2d 806· 8th Cir.· 1978-02-17 ·cited 14×
  The court held that while the safety standard was valid, the Commission's order requiring all employees to wear steel-toed safety shoes was overbroad and an abuse of discretion given the specific circumstances.
• Johnson v. State
  202 So. 2d 852· Fla.· 1967-10-04 ·cited 14×
  The court held that while the vagrancy statute is constitutional on its face, its application in this specific case was unconstitutional.
• Katz v. United States
  369 F.2d 130· 9th Cir.· 1966-11-17 ·cited 14×
  The court held that attaching microphones to the outside of public telephone booths to record conversations did not violate the Fourth Amendment, and that the search warrant was validly issued and executed.
• del Percio v. The City OF Daytona Beach
  449 So. 2d 323· Fla. 5th DCA· 1984-03-29 ·cited 13×
  The Florida District Court of Appeal reversed convictions under a Daytona Beach ordinance prohibiting exposure of female breasts below the areola in establishments serving alcohol, finding the ordinance unconstitutionally vague and overbroad because lower courts had interpreted i
• Knutson v. Lou V. Brewer
  619 F.2d 747· 8th Cir.· 1980-04-17 ·cited 13×
  A state court's interpretation of a criminal statute, even if not previously explicit, does not violate due process or the ex post facto clause if the interpretation is a common-sense reading of the statutory language and the conduct was clearly unlawful.