Void For Vagueness Doctrine

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

• United States ex rel. Edgar I. Shott, Jr. v. Tehan
  365 F.2d 191· 6th Cir.· 1966-08-19 ·cited 13×
  The court held that the Ohio Securities Act's provision shifting the burden of proof to the defendant to demonstrate an exemption is constitutional and does not violate due process, and that the prosecutor's comment on the defendant's failure to testify was not a due process viol
• Senger v. State
  200 So. 3d 137· Fla. 5th DCA· 2016-05-27 ·cited 12×
  Ramon David Senger was convicted of using a computer to solicit a parent for sex with a minor and traveling to meet such a minor. The Florida Fifth District Court of Appeal affirmed his conviction for traveling after solicitation but reversed his conviction for solicitation under
• State v. Rawlins
  623 So. 2d 598· Fla. 5th DCA· 1993-08-27 ·cited 12×
  Florida appealed a trial court's dismissal of boating violation charges against Rawlins, arguing that DNR rule 16N-22.012 regulating boat speeds in manatee sanctuaries is not unconstitutionally vague. The Fifth District Court of Appeal reversed, holding that the rule provides ade
• Richards v. State
  608 So. 2d 917· Fla. 3d DCA· 1992-11-17 ·cited 12×
  The defendant Bryan K. Richards appeals his convictions for aggravated battery and simple battery that were enhanced under Florida Statute Section 775.085(1), a hate crime statute that reclassifies crimes if the commission "evidences prejudice based on the race, color, ancestry,
• United States v. Lancaster
  968 F.2d 1250· D.C. Cir.· 1992-06-30 ·cited 12×
  The court affirmed the convictions but vacated the sentence, holding that the district court erred in aggregating drug quantities from crack house offenses under U.S.S.G. § 1B1.3(a)(2) for sentencing on the distribution charge.
• L.L.N. v. State
  504 So. 2d 6· Fla. 2d DCA· 1986-12-23 ·cited 12×
• United States v. Peden
  556 F.2d 278· 5th Cir.· 1977-07-21 ·cited 12×
  The court held that the statute prohibiting the transport of stolen credit cards was not unconstitutionally vague and that the admission of business records as evidence of fraudulent intent did not violate the defendant's Sixth Amendment confrontation rights.
• Koa Gora v. Territory of Hawaii
  152 F.2d 933· 9th Cir.· 1946-01-04 ·cited 12×
  The court held that the accusation and statute were valid, as the accusation sufficiently apprised the defendant of the charges and the statute provided an adequate standard of guilt.
• Bostic v. State
  902 So. 2d 225· Fla. 5th DCA· 2005-05-13 ·cited 11×
  A firearm is exempt from Florida's felon firearm-possession statute only if it is either manufactured before or in 1918, or is a reasonably exact replica thereof. Merely possessing a similar ignition system does not render a weapon a replica of an antique firearm, and the term 'r
• United States v. Creed Miles Evans
  928 F.2d 858· 9th Cir.· 1991-03-20 ·cited 11×
  The court held that the defendant's appeal of prior rulings was not moot despite his nolo contendere plea, and affirmed the district court's denial of his motions.
• Geaneas v. Willets
  911 F.2d 579· 11th Cir.· 1990-09-10 ·cited 11×
  The court held that the Daytona Beach ordinance regulating nudity in establishments serving alcohol is a valid exercise of the city's powers under the Twenty-first Amendment and that the plaintiffs' claims of overbreadth, vagueness, and selective enforcement lack merit.
• United States v. Fitzgerald
  882 F.2d 397· 9th Cir.· 1989-08-11 ·cited 11×
  The court held that 18 U.S.C. § 113(f) is not void for vagueness and the indictment was sufficient. The term 'serious bodily injury' is understandable by common persons, and the indictment tracked the statute's language.
• United States v. Tripp
  782 F.2d 38· 6th Cir.· 1986-01-16 ·cited 11×
  The court held that evidence of other card games was admissible as part of the conspiracy, that 18 U.S.C. § 1962(d) does not require proof of overt acts, that the RICO statute is not unconstitutionally vague, and that rigged poker games constitute gambling under state law.
• State v. Wilson
  464 So. 2d 667· Fla. 2d DCA· 1985-03-06 ·cited 11×
  Florida appeals a county court order dismissing animal cruelty charges and declaring animal welfare statutes unconstitutionally vague. The appellate court reverses, holding that prohibitions against depriving animals of food, water, air, and exercise provide sufficiently definite
• Wilkerson v. State
  401 So. 2d 1110· Fla.· 1981-07-16 ·cited 11×
  Florida's animal cruelty statute is not unconstitutionally vague as to the terms "animal" and "unnecessarily," and the defendant lacks standing to challenge it on overbreadth grounds when his own conduct clearly violates the statute.
• United States v. Huffman
  518 F.2d 80· 4th Cir.· 1975-06-05 ·cited 11×
  The court held that the statute prohibiting unlicensed firearm dealing is not void for vagueness and that the evidence was sufficient to support the conviction.
• Welch v. United States
  958 F.3d 1093· 11th Cir.· 2020-05-06 ·cited 10×
  The Eleventh Circuit affirmed the denial of Welch's § 2255 motion, holding that his prior Florida robbery and felony battery convictions qualify as violent felonies under the ACCA's elements clause, based on binding precedent.
• Wollschlaeger v. Governor of the State OF Fla.
  797 F.3d 859· 11th Cir.· 2015-07-28 ·cited 10×
  The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First or Fourteenth Amendments. The court found that the Act's provisions regard
• State v. Cyphers
  873 So. 2d 471· Fla. 2d DCA· 2004-05-12 ·cited 10×
  The State appealed trial court orders dismissing gambling charges against Cyphers and McKinney on vagueness grounds. The appellate court reversed, holding that Florida's gambling statutes are not unconstitutionally vague and that the defendants' conduct clearly fell outside the c
• Hershkowitz v. State
  744 So. 2d 1268· Fla. 3d DCA· 1999-12-08 ·cited 10×
  The court held that section 817.234(8) Florida Statutes is constitutional, not violating free speech, vagueness, overbreadth, or equal protection.
• State v. Dial
  730 So. 2d 813· Fla. 4th DCA· 1999-04-07 ·cited 10×
• State v. Folsom
  630 So. 2d 1129· Fla. 2d DCA· 1993-07-23 ·cited 10×
  The rules and methods for maintaining and testing breathalyzer equipment are not void for vagueness and substantially comply with statutory requirements, and the county court has subject matter jurisdiction over challenges to these rules.
• United States v. Loehr
  966 F.2d 201· 6th Cir.· 1992-06-10 ·cited 10×
  The court held that the evidence was sufficient to prove an attempted money laundering offense, the statute was not unconstitutionally vague, the admission of prior dealings was proper, and the Sentencing Guidelines were correctly applied.
• United States v. Raymond Williams (91-1025)
  962 F.2d 1218· 6th Cir.· 1992-05-01 ·cited 10×
  The court affirmed the convictions and sentences, holding that the stop and search of Powell's purse were lawful, the denial of Dodson's notes was proper, the bill of particulars issues were either waived or harmless error, and the sentencing enhancements were supported by eviden
• Lani Soules v. Kauaians FOR Nukolii Campaign Comm.
  849 F.2d 1176· 9th Cir.· 1988-06-14 ·cited 10×
  The court held that appellants' equal protection claim for equitable relief was barred by laches, and a Section 1983 damage action was not available for bypassed equitable remedies. The court reversed the award of sanctions against the appellants.
• United States v. Articles OF Drug
  825 F.2d 1238· 8th Cir.· 1987-08-04 ·cited 10×
  The court held that the term 'imitation' in 21 U.S.C. § 352(i)(2) is not unconstitutionally vague, but reversed the district court's finding that products 'similar in concept' alone constituted imitation. The court affirmed the finding of intentional inducement for injunctive rel
• United States v. Hescorp
  801 F.2d 70· 2d Cir.· 1986-09-11 ·cited 10×
  The court held that the Treasury Regulations prohibiting exports to Iran did not contain an exception for shipments of goods under pre-existing service contracts, and that the regulations were not unconstitutionally vague.
• Gov't of the Virgin Islands v. Harrigan
  791 F.2d 34· 3d Cir.· 1986-05-22 ·cited 10×
  The application of the Virgin Islands habitual criminal statute to a larceny conviction is constitutional, and the defendant's equal protection claims lack merit.
• United States v. Garth
  773 F.2d 1469· 5th Cir.· 1985-10-08 ·cited 10×
  The court held that the defendant's conviction for converting mortgaged property to his own use was supported by sufficient evidence and that his various legal arguments, including claims of constitutional violations, statutory vagueness, government estoppel, and evidentiary erro
• United States v. Conover
  772 F.2d 765· 11th Cir.· 1985-09-30 ·cited 10×
  The court held that the defendants' conspiracy to defraud Seminole Electric, a recipient of federal loan assistance, did not violate 18 U.S.C. § 371 because Seminole Electric was not a federal agency or performing a federal function.
• Stepniewski v. Superintendent John Gagnon & Attorney Gen. of the State of Wis.
  732 F.2d 567· 7th Cir.· 1984-04-12 ·cited 10×
  A state may constitutionally convict individuals for violations of regulatory statutes without proof of criminal intent, provided the statute gives fair warning of prohibited conduct and does not violate other due process protections.
• United States v. Curcio
  712 F.2d 1532· 2d Cir.· 1983-06-22 ·cited 10×
  The court held that certain constitutional claims, like vagueness and prejudicial publicity, may be properly reserved under a conditional guilty plea, but claims regarding statutory presumptions and conspiracy liability (Pinkerton) require a factual record and cannot be abstractl
• Spartacus, Inc. v. Borough OF McKEES Rocks
  694 F.2d 947· 3d Cir.· 1982-12-10 ·cited 10×
  The court affirmed the district court's denial of a preliminary injunction because the appellants failed to demonstrate a reasonable probability of success on the merits or irreparable harm.
• Ricci v. The United States
  507 F.2d 1390· Ct. Cl.· 1974-12-18 ·cited 10×
  The court held that the plaintiff's discharge was supported by substantial evidence, that the Navy complied with procedural requirements, and that the regulations prohibiting 'gambling' and 'promotion of gambling' were not unconstitutionally vague.
• Mercado v. Rockefeller
  502 F.2d 666· 2d Cir.· 1974-08-15 ·cited 10×
• Fraternal Order of Police v. City of Miami
  243 So. 3d 894· Fla.· 2018-05-17 ·cited 9×
  Section 447.4095 is not void for vagueness and does not violate substantive due process or equal protection. The statute is constitutional because the legislature permissibly delegated to PERC the authority to define "financial urgency" based on its expertise, and the statute sat
• In re Standard Jury Instructions IN Crim. Case-Report NO. 2015-05
  195 So. 3d 1088· Fla.· 2016-04-07 ·cited 9×
  The Florida Supreme Court approved amendments to seventeen existing standard criminal jury instructions and adopted two new instructions relating to sexual offender and sexual predator registration requirements. The Court rejected constitutional challenges raised by the Florida A
• United States v. Stansell
  847 F.2d 609· 9th Cir.· 1988-05-27 ·cited 9×
  The court held that defendants were not entitled to a jury trial because the offense was petty, and the regulation they were convicted under was not unconstitutionally vague or overbroad when reasonably construed in context.
• Sims v. State
  510 So. 2d 1045· Fla. 1st DCA· 1987-07-24 ·cited 9×
  Section 950.09, Florida Statutes, proscribing malpractice by a jailer, is not impermissibly vague and does not violate constitutional due process requirements.
• United States v. 16
  443 F.2d 463· 2d Cir.· 1971-06-08 ·cited 9×
  The court held that the statutory definition of a firearm, including starter guns that "may readily be converted" to expel a projectile, is not unconstitutionally vague as applied to the facts, and the imported starter guns were subject to forfeiture.
• Eknes-Tucker v. Governor of the State of Ala.
  80 F.4th 1205· 11th Cir.· 2023-08-21 ·cited 8×
  The Eleventh Circuit Court of Appeals vacated a preliminary injunction blocking Alabama's prohibition on puberty blockers and cross-sex hormone treatment for transgender minors, holding that the district court applied the wrong legal standard in evaluating the constitutional chal
• Jefferson Eugene Davis v. Gilchrist Cnty. Sheriff's Off.
  280 So. 3d 524· Fla. 1st DCA· 2019-09-25 ·cited 8×
  The RPO statute does not require proof of serious or recurring mental illness; instead, a court may issue an RPO based on threatening and erratic behavior demonstrating mental or emotional instability. The trial court's findings of fact were supported by clear and convincing evid
• State v. Rubio
  917 So. 2d 383· Fla. 5th DCA· 2005-12-30 ·cited 8×
  Florida appealed the dismissal of criminal charges against dental providers and associated defendants for Medicaid fraud, patient brokering, racketeering, and white-collar crimes. The trial court found Florida's Medicaid provider fraud statute unconstitutional under the Supremacy
• Parker v. State
  790 So. 2d 1033· Fla.· 2001-07-12 ·cited 8×
  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 does not increase the maximum statutory penalty.
• Donnell Miller v. State
  751 So. 2d 115· Fla. 1st DCA· 2000-01-07 ·cited 8×
  Donnell Miller was convicted of burglary and dealing in stolen property and sentenced under Florida's Prison Releasee Reoffender Punishment Act and habitual felony offender statute. Miller appealed challenging the constitutionality of the PRR Act on multiple grounds, but the cour
• Smith v. State
  753 So. 2d 575· Fla. 4th DCA· 1999-10-20 ·cited 8×
  Andrea Smith appeals her 15-year mandatory sentence under Florida's Prison Releasee Reoffender Act, arguing the trial judge erred in finding sentencing mandatory despite the victim's written request for leniency. The court rejected Smith's constitutional challenges but agreed tha
• United States v. Errol J. Jackson
  983 F.2d 757· 7th Cir.· 1993-01-04 ·cited 8×
  The court affirmed convictions for money laundering and structuring, but vacated sentences for Beckum and Freeman due to procedural errors in sentencing enhancements, remanding for resentencing.
• United States v. Easter
  981 F.2d 1549· 10th Cir.· 1992-12-10 ·cited 8×
  The court should remand for a hearing on the defendant's claim that the government withheld a sentence reduction motion in retaliation for exercising his right to a jury trial.
• 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.
• State v. Buckner
  472 So. 2d 1228· Fla. 2d DCA· 1985-06-19 ·cited 8×
  Section 232.02 is not unconstitutionally vague; when read in its entirety and attributing common, ordinary meanings to key terms like 'school' and 'home,' the statute clearly defines four permissible means of achieving regular school attendance and provides sufficient notice of p