Void For Vagueness Doctrine

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

• The United States Jaycees v. McCLURE
  709 F.2d 1560· 8th Cir.· 1983-06-07 ·cited 8×
  The dissent argues that the Jaycees' right of association can be subordinated to the state's interest in preventing sex discrimination in public accommodations, and that the statute is neither vague nor overbroad as applied.
• Cline v. Rockingham Cnty. Superior Court
  502 F.2d 789· 1st Cir.· 1974-09-05 ·cited 8×
  The court held that the state statute was unconstitutionally applied to petitioner's conduct, as his display of a peace symbol on his own flag constituted protected expression.
• Stone v. Louie L. Wainwright
  478 F.2d 390· 5th Cir.· 1973-04-19 ·cited 8×
• Livingston v. Garmire
  437 F.2d 1050· 5th Cir.· 1971-01-22 ·cited 8×
  The court held that subsections (a) and (f) of the Miami disorderly conduct ordinance were unconstitutional on their face due to vagueness and overbreadth, and thus affirmed the district court's judgment.
• United States v. Coppola
  425 F.2d 660· 2d Cir.· 1969-11-19 ·cited 8×
  The court held that 26 U.S.C. § 7201 is constitutional, as it requires proof of elements not present in lesser misdemeanor tax offenses.
• Clive Michael Boutilier v. The Immigr. & Naturalization Serv.
  363 F.2d 488· 2d Cir.· 1966-07-08 ·cited 8×
  The dissent argues that upholding a deportation order based on a broad interpretation of 'psychopathic personality' without proper psychiatric examination and without clear warning to the alien violates due process.
• Ladrey v. Comm'n on Licensure to Practice the Healing Art in the Dist. of Columbia
  261 F.2d 68· D.C. Cir.· 1958-07-31 ·cited 8×
  The dissenting judge holds that the admission of testimony concerning telephone conversations was improper because it constituted an unlawful interception under the Federal Communications Act, and that the license revocation statute is void for vagueness.
• Lukaj v. U.S. Attorney General
  953 F.3d 1305· 11th Cir.· 2020-03-30 ·cited 7×
  The court held that a Florida aggravated battery conviction qualifies as a crime of violence under 18 U.S.C. § 16(a) and, with a sentence of at least one year, constitutes an aggravated felony making the alien ineligible for asylum, cancellation of removal, and withholding of rem
• Hollywood Cmty. Synagogue, Inc. v. City of Hollywood
  430 F. Supp. 2d 1296· S.D. Fla.· 2006-05-10 ·cited 7×
  The court granted in part and denied in part the defendant's motions to dismiss, allowing certain claims to proceed while dismissing others.
• United States v. Jones
  979 F.2d 317· 3d Cir.· 1992-11-05 ·cited 7×
  The court held that the defendant's reasons for withdrawing his guilty plea were insufficient and that the Sentencing Guidelines' distinction between cocaine base and cocaine salt were not unconstitutionally vague.
• In the Interest of P.J.
  579 So. 2d 299· Fla. 4th DCA· 1991-05-08 ·cited 7×
  A juvenile was adjudicated delinquent for threatening a police officer with death and bodily harm in violation of Florida Statute § 838.021. The Fourth District Court of Appeal affirmed the conviction but reversed the assessment of public defender's fees imposed without notice an
• United States v. Woods
  915 F.2d 854· 3d Cir.· 1990-10-01 ·cited 7×
  The court affirmed the convictions, holding that the RICO statute was not unconstitutionally vague as applied to the appellants' conduct involving political corruption. The court found that the appellants' actions satisfied the relatedness and continuity requirements for a patter
• Edwards v. Butler
  882 F.2d 160· 5th Cir.· 1989-09-01 ·cited 7×
  The court affirmed the denial of the habeas petition, finding no constitutional violations in the state court proceedings.
• City OF Fort Lauderdale v. Canary Enters., Inc.
  546 So. 2d 1114· Fla. 4th DCA· 1989-07-07 ·cited 7×
  The City of Fort Lauderdale appealed a trial court order granting a temporary injunction that prevented enforcement of the city's sign code provisions regulating special promotions and grand openings. The Fourth District reversed, holding that advertising balloons constitute "sig
• McGUIRE v. State
  489 So. 2d 729· Fla.· 1986-06-12 ·cited 7×
  Belinda McGuire was arrested for jogging topless on a public beach and challenged the administrative rule requiring bathing costumes to conform to 'commonly accepted standards' as unconstitutionally vague and overbroad. The Florida Supreme Court upheld the rule and conviction, ho
• Kramer v. Price
  712 F.2d 174· 5th Cir.· 1983-08-15 ·cited 7×
  The Texas Harassment Statute is unconstitutionally void for vagueness because it fails to provide reasonably clear guidelines for prohibited conduct and encourages arbitrary enforcement.
• State v. Shank
  795 So. 2d 1067· Fla. 4th DCA· 2001-09-19 ·cited 6×
  The court held that Florida Statute § 836.11 is facially unconstitutional because it violates the First Amendment by being impermissibly content-based, overbroad, and vague.
• Wheaton v. State
  789 So. 2d 975· Fla.· 2001-07-12 ·cited 6×
  The Florida Supreme Court approved the First District Court of Appeal's decision upholding Corey Douglas Wheaton's conviction and life sentence as a prison releasee reoffender under Florida's Prison Releasee Reoffender Punishment Act. The Court rejected Wheaton's constitutional c
• Royal v. State
  784 So. 2d 1210· Fla. 5th DCA· 2001-04-12 ·cited 6×
  Mark Royal appeals his conviction for selling cocaine within 1,000 feet of a convenience business, challenging the statute as unconstitutionally vague because it defines 'convenience business' by reference to another statute. The court affirms, holding that the statute is suffici
• Rollinson v. State
  778 So. 2d 971· Fla.· 2001-01-25 ·cited 6×
• Brake v. State
  746 So. 2d 527· Fla. 2d DCA· 1999-12-10 ·cited 6×
  James Brake appealed his conviction for luring or enticing a child under section 787.025, challenging the constitutionality of the statute on vagueness grounds. The Florida District Court of Appeal agreed that the term "other than a lawful purpose" is unconstitutionally vague and
• Zara Wilburn v. State
  763 So. 2d 353· Fla. 4th DCA· 1998-06-24 ·cited 6×
  A defendant whose conduct clearly falls within a statute's prohibition cannot successfully challenge the statute as facially void for vagueness.
• Morey's Lounge, Inc. v. State
  673 So. 2d 538· Fla. 4th DCA· 1996-05-08 ·cited 6×
  Morey's Lounge challenged the constitutionality of Florida's alcoholic beverage statute (Fla. Stat. § 561.29(1)(a)) on void-for-vagueness grounds and alleged arbitrary enforcement. The Fourth District Court of Appeal upheld the statute, holding that it provides adequate notice of
• United States v. Hicks
  980 F.2d 963· 5th Cir.· 1992-12-23 ·cited 6×
  The court held that 49 U.S.C.App. § 1472(j) is constitutional as applied to the appellants and that the jury instructions were proper.
• United States v. Slater
  971 F.2d 626· 10th Cir.· 1992-08-04 ·cited 6×
  The court held that the evidence presented was insufficient to prove an agreement to possess cocaine, as charged in the indictment, and therefore the conspiracy conviction should be reversed.
• United States v. Antzoulatos
  962 F.2d 720· 7th Cir.· 1992-05-07 ·cited 6×
  The court held that 18 U.S.C. § 1956(a)(1)(B) is not unconstitutionally vague or a violation of substantive due process as applied to a merchant who knew or was willfully blind to the fact that he was dealing with drug dealers and their proceeds. The court also affirmed the denia
• State v. E.L.
  595 So. 2d 981· Fla. 5th DCA· 1992-02-28 ·cited 6×
  The State of Florida appealed a trial court's dismissal of charges against two minors arrested under Sanford's drug loitering ordinance. The appellate court reversed, holding that the ordinance prohibiting loitering for the purpose of engaging in drug-related activity is facially
• Helton v. Fauver
  930 F.2d 1040· 3d Cir.· 1991-04-10 ·cited 6×
  The court held that the New Jersey Supreme Court's interpretation of the state's juvenile law was not unforeseeable, and therefore its retroactive application to Helton did not violate due process.
• Info. Providers' Coal. FOR Def. OF THE First Amendment v. Fed. Commc'ns Comm'n & the United States
  928 F.2d 866· 9th Cir.· 1991-03-21 ·cited 6×
  The court held that the FCC's definition of 'indecent' is not unconstitutionally vague and that reverse blocking is a constitutionally permissible method for restricting minors' access to dial-a-porn services.
• United States v. Clark
  912 F.2d 1087· 9th Cir.· 1990-08-28 ·cited 6×
  The court held that the regulation defining 'wasteful manner' under the Marine Mammal Protection Act was not unconstitutionally vague as applied to the defendant and was within the scope of the Secretary's authority.
• Community FOR Creative Non-Violence v. Turner
  D.D.C.· 1990-01-26 ·cited 6×
  The court held that WMATA's permit requirement for free speech activities is facially overbroad and thus invalid under the First Amendment.
• United States v. Protex Indus., Inc.
  874 F.2d 740· 10th Cir.· 1989-05-11 ·cited 6×
  The court held that the "knowing endangerment" provision of RCRA was not unconstitutionally vague as applied, and the trial court did not err in refusing to instruct the jury on the government's duty to report inspection results, as this duty does not constitute a defense to crim
• Klein v. Peterson
  866 F.2d 412· Fed. Cir.· 1989-01-19 ·cited 6×
  The court affirmed the district court's decision, holding that substantial evidence supported the Patent and Trademark Office's finding that the attorney deliberately intended to mislead the PTO by misrepresenting mailing dates and providing false answers to inquiries.
• Walker v. State
  501 So. 2d 156· Fla. 1st DCA· 1987-01-23 ·cited 6×
  Joseph Wayne Walker appeals his felony battery conviction under Florida Statute §231.06 for committing battery upon a school board employee. Walker challenges the statute as unconstitutional on equal protection and vagueness grounds, arguing it impermissibly classifies people int
• Lue Elbert Sullivan v. Blackburn
  804 F.2d 885· 5th Cir.· 1986-11-28 ·cited 6×
  The court held that the failure to instruct the jury on insanity did not violate due process, and the sentencing statute for second-degree murder was not unconstitutionally vague.
• The Great Am. Houseboat Co. v. The United States
  780 F.2d 741· 9th Cir.· 1986-01-09 ·cited 6×
  The court held that the Forest Service's regulations prohibiting commercial use of houseboats were not unconstitutionally vague as applied to GAHC's timeshare program, and the application of these regulations did not violate equal protection.
• Dobbert v. Louie L. Wainwright
  742 F.2d 1274· 11th Cir.· 1984-09-06 ·cited 6×
• In re McGINLEY
  660 F.2d 481· C.C.P.A.· 1981-10-01 ·cited 6×
  The dissenting judge believes the mark is not scandalous and the majority's reasoning is flawed.
• The Great Atl. & Pac. TEA Co. v. Wood
  380 So. 2d 558· Fla. 1st DCA· 1980-03-04 ·cited 6×
  The court held that cost of living increases from federal social security benefits should not be included in computing the 80% wage limitation for offset against workers' compensation payments.
• United States v. Eagan
  587 F.2d 338· 6th Cir.· 1978-11-30 ·cited 6×
  The court held that 26 U.S.C. § 7203 is not void for vagueness and affirmed the conviction for willful failure to file tax returns.
• United States v. Markley
  567 F.2d 523· 1st Cir.· 1977-12-16 ·cited 6×
  The court held that the homemade devices, consisting of cardboard tubes with black powder and fuses, qualified as 'destructive devices' under 26 U.S.C. § 5845(f) and that the statute was not unconstitutionally vague. The jury instructions were adequate.
• Royal v. Superior Court OF NEW Hampshire
  531 F.2d 1084· 1st Cir.· 1976-03-12 ·cited 6×
  The court held that the petitioner was denied due process because he was charged and convicted under a statute that was unconstitutionally vague as applied to him.
• United States v. Willis
  505 F.2d 748· 9th Cir.· 1974-10-23 ·cited 6×
  The court held that the appellant's answer to question 8b on the federal firearms form was false, as the crime he was convicted of was punishable by imprisonment for a term exceeding one year, regardless of the sentence actually imposed.
• Waller v. City OF ST. Petersburg
  245 So. 2d 685· Fla. 2d DCA· 1971-03-05 ·cited 6×
  Joseph Waller, Jr., a leader of a militant organization, was arrested for verbal abuse, simple assault, and obscene language after shouting at police officers during a period of racial tension in St. Petersburg. The Florida District Court of Appeal held that the city ordinance pr
• Baker v. State
  225 So. 2d 327· Fla.· 1969-07-09 ·cited 6×
  The court held that the appellant's conviction was supported by evidence and free from constitutional error, affirming the judgment.
• United States v. Randolph
  261 F.2d 234· 7th Cir.· 1958-11-21 ·cited 6×
  The court held that the Illinois Aiding Escape Act is constitutional and its application to Vraniak did not violate due process or equal protection, even without proof of specific intent to aid escape.
• State v. Carrier
  240 So. 3d 852· Fla. 2d DCA· 2018-03-09 ·cited 5×
  The State appeals the trial court's dismissal of charges against Christopher and Wendy Carrier for forging and altering animal health certificates under Florida Statute § 585.145(3). The trial court found the statute unconstitutionally vague and violative of substantive due proce
• Bischoff v. Florida
  242 F. Supp. 2d 1226· M.D. Fla.· 2003-01-03 ·cited 5×
  The court adopted the Magistrate Judge's recommendation, finding the contested statutes unconstitutional and that the plaintiffs had standing.
• The IVY Club v. Edwards
  943 F.2d 270· 3d Cir.· 1991-08-21 ·cited 5×
  The court held that Ivy waived its right to reserve federal claims under England by unreservedly litigating them in state proceedings before attempting any reservation, and that the Rooker-Feldman doctrine divests the district court of jurisdiction over claims seeking review of s
• United States v. Brice
  926 F.2d 925· 9th Cir.· 1991-02-28 ·cited 5×
  The court held that the evidence was sufficient to support the conviction and that the regulation was not unconstitutionally vague or overbroad.