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. Ferguson
  142 F. Supp. 2d 1350· S.D. Fla.· 2000-07-07 ·cited 2×
  The court held that the defendant's motion to dismiss the superseding indictment based on the Sixth Amendment exception to the money laundering statute was premature, as the exception constitutes an affirmative defense to be determined at trial.
• Terrill Lee Palmore v. State
  790 So. 2d 444· Fla. 1st DCA· 2000-05-17 ·cited 2×
  Terrill Lee Palmore appealed his life sentence imposed under Florida's prison releasee reoffender statute, challenging it on constitutional grounds and contending the trial court improperly imposed dual sentences under both the prison releasee reoffender and violent career crimin
• Chad v. City of Ft. Lauderdale
  66 F. Supp. 2d 1242· N.D. Fla.· 1998-05-27 ·cited 2×
  The court held that Fort Lauderdale Rule 7.5(c), prohibiting soliciting, begging, or panhandling on the beach and adjacent sidewalk, is constitutional and not vague or overbroad.
• Mitro v. State
  681 So. 2d 303· Fla. 3d DCA· 1996-10-02 ·cited 2×
  Ronald Mitro appealed his convictions under Florida Statute section 877.18, which criminalizes private vendors issuing identification cards containing age or date of birth without proper documentation. The court reversed his convictions, holding that section 877.18 is unconstitut
• Williams v. State
  658 So. 2d 665· Fla. 4th DCA· 1995-08-02 ·cited 2×
  A defendant held in contempt for violating a domestic violence injunction may be prosecuted for a substantive offense stemming from the same conduct.
• M.H. v. State
  622 So. 2d 105· Fla. 3d DCA· 1993-07-27 ·cited 2×
  The term "public housing facility" in section 893.13(l)(i) is not unconstitutionally vague because it is an accepted phrase in English vocabulary that persons of average intelligence can comprehend.
• United States v. Franz
  818 F. Supp. 1478· M.D. Fla.· 1993-03-18 ·cited 2×
  The court held that the superseding indictment was not subject to dismissal, finding the Analogue Act constitutional and its application to MDMA proper.
• United States v. Garrett A. Tansley
  986 F.2d 880· 5th Cir.· 1993-03-11 ·cited 2×
  The court held that the calculations for offense levels in sentencing were proper and that the evidence was sufficient to support the convictions.
• United States v. Salisbury
  983 F.2d 1369· 6th Cir.· 1993-01-15 ·cited 2×
  The court held that the indictment was unconstitutionally vague as applied to the defendant's conduct and that the jury instructions were confusing and misleading, constituting reversible error.
• Brickner v. Voinovich
  977 F.2d 235· 6th Cir.· 1992-10-13 ·cited 2×
  The court held that adequate state mechanisms existed to provide due process to the plaintiff, affirming the district court's judgment.
• Jones v. Caspari
  975 F.2d 460· 8th Cir.· 1992-09-11 ·cited 2×
  The court held that the appellant failed to demonstrate cause and prejudice for his procedural defaults and that his claims of ineffective assistance of counsel and constitutional violations lacked merit.
• Isaac v. Brave
  600 So. 2d 1258· Fla. 2d DCA· 1992-06-17 ·cited 2×
  The court held that the transaction was a sale with a right of repurchase, not a loan, and the plaintiff's attempt to recover the property after 60 days was untimely under the statute.
• United States v. Sorenson
  914 F.2d 173· 9th Cir.· 1990-09-12 ·cited 2×
  The court held that the defendant's prior burglary convictions qualified for sentence enhancement under the Armed Career Criminal Act, and the special assessment was constitutional, affirming the district court's judgment.
• Miller v. State
  520 So. 2d 80· Fla. 1st DCA· 1988-02-10 ·cited 2×
  Florida appellate court affirmed a probation condition requiring appellant to comply with cohabitation laws, construing the condition as requiring lawful conduct rather than mandating marriage or separation.
• Franklin v. First Money, Inc.
  599 F.2d 615· 5th Cir.· 1979-06-21 ·cited 2×
  The court held that a charge unilaterally imposed by a creditor upon a borrower's late payment is a default charge requiring disclosure under federal law, regardless of state law characterization or the creditor's labeling.
• United States v. Chatman
  538 F.2d 567· 4th Cir.· 1976-03-08 ·cited 2×
  The court held that 18 U.S.C. § 1791 is not unconstitutionally vague or overbroad when applied in the context of a federal penal institution.
• United States v. Kennecott Copper Corp.
  523 F.2d 821· 9th Cir.· 1975-09-24 ·cited 2×
  The court held that the statute requiring immediate notification of oil spills is not unconstitutionally vague and that sufficient evidence supported the conviction.
• State v. Petagine
  290 So. 3d 1106· Fla. 1st DCA· 2020-01-02 ·cited 1×
  The appellate court reversed the trial court's dismissal of a felony hazing charge against Anthony Petagine, finding the State sufficiently alleged a prima facie case. The court affirmed the denial of Petagine's motion to dismiss a misdemeanor hazing count, finding no prejudice f
• State v. Tosha Jo Robbins
  247 So. 3d 666· Fla. 2d DCA· 2018-05-23 ·cited 1×
  A vagueness challenge to a criminal statute that does not implicate First Amendment freedoms must be examined in light of the facts of the case at hand, and a trial court cannot dismiss charges based on an abstract constitutional analysis without taking evidence or making factual
• United States v. Fedida
  1991 WL 45339· M.D. Fla.· 2013-05-01 ·cited 1×
  The Court held that the Controlled Substance Analogue Enforcement Act of 1986 is not unconstitutionally vague as applied to UR-144 and XLR-11, and the indictment is sufficient on its face.
• Turner v. Creative Hospitality Ventures, Inc.
  588 F. Supp. 2d 1347· S.D. Fla.· 2008-12-02 ·cited 1×
  The court held that the Fair and Accurate Credit Transactions Act (FACTA) does not violate due process and denied the defendant's motion for summary judgment. The court also granted extensions for discovery and mediation.
• Noble v. State
  787 So. 2d 808· Fla.· 2001-05-24 ·cited 1×
  The court held that there is no constitutional right to plea bargain and approved the district court's decision consistent with prior rulings on the Prison Releasee Reoffender Act.
• Vinson v. Humana, Inc.
  975 F. Supp. 2d 430· M.D. Fla.· 1999-11-22 ·cited 1×
  The court held that the psychotherapist-patient privilege under federal common law does not protect the identity of the patient or facts showing the occurrence of psychotherapy, only the substance of confidential communications.
• Daniel v. City of Tampa
  843 F. Supp. 1445· M.D. Fla.· 1993-12-17 ·cited 1×
  The court held that the Housing Authority property is a non-public forum, and the enforcement of the trespass statute was a reasonable time, place, and manner restriction, not substantially overbroad or void for vagueness.
• United States v. Ahmad Nadi & My Brands, Inc.
  996 F.2d 548· 2d Cir.· 1993-06-10 ·cited 1×
  The Major Fraud Act, 18 U.S.C. § 1031, is not unconstitutionally vague on its face or as applied, as its language and legislative history provide sufficient clarity regarding the "value of the contract" for determining "major fraud."
• United States v. Reyes
  782 F. Supp. 609· S.D. Fla.· 1992-01-15 ·cited 1×
  The court held that the term 'cocaine base' in 21 U.S.C. § 841(b)(1)(A)(iii) and U.S.S.G. § 2D1.1(c)(2) is not limited to 'crack' and encompasses other smokable, non-water-soluble forms of cocaine base. The substance in question, being smokable and chemically similar to crack, fa
• Geaneas v. Willets
  715 F. Supp. 334· M.D. Fla.· 1989-03-15 ·cited 1×
  The court held that the ordinance prohibiting buttocks exposure is not unconstitutionally vague and has not been selectively enforced against the plaintiffs. Therefore, the case is dismissed.
• State v. Migliaccio
  38 Fla. Supp. 47· Broward Cty. Cir. Ct.· 1972-11-22 ·cited 1×
  The court held that the Florida statute prohibiting disorderly conduct is constitutional as applied by Florida courts, and the information tracking the statute was sufficient.
• NetChoice v. Attorney Gen., State of Ga.
  11th Cir.· 2026-10-15
  NetChoice has associational standing to challenge SB 351 on behalf of its member platforms because the claim does not require fact-intensive individual inquiries into particular members' circumstances and seeks declaratory and injunctive relief rather than damages. However, NetCh
• 390 Jupiter LLC v. Town of Juno Beach
  S.D. Fla.· 2026-01-12
  A plaintiff must demonstrate irreparable harm to obtain a preliminary injunction, and a mere showing of a constitutional violation, or speculative harm to principals, or the potential for later corrective action, does not meet this standard.
• HM Florida-ORL, LLC v. Sec'y of the Fla. Dep't of Bus. & Prof'l Reg.
  11th Cir.· 2025-05-13
  Florida's Senate Bill 1438 criminalized knowingly admitting children to "adult live performances," including those depicting "lewd conduct," but the Eleventh Circuit Court of Appeals held the law was likely unconstitutional on its face because the vague definition of "lewd conduc
• Illiana Grigoriou v. State
  Fla. 4th DCA· 2025-01-08
  Section 836.10(2), Florida Statutes, is constitutional both facially and as applied, and does not violate First Amendment rights because it narrowly targets threats of violence.
• United States v. Armstrong
  11th Cir.· 2024-12-11
  John Armstrong was convicted of three counts of brandishing a firearm during crimes of violence under 18 U.S.C. § 924(c), based on bank robbery and attempted bank robbery predicates. The Eleventh Circuit affirmed his convictions, holding that the federal bank robbery statute is d
• Nisbany Surit-Garcias v. State
  Fla. 4th DCA· 2024-07-10
  The trial court did not abuse its discretion in denying the defendant's motion for mistrial where the prosecutor mentioned a 0.17 blood alcohol level in opening statement but the toxicologist refused to perform retrograde extrapolation at trial, because the prosecutor had a good
• Colon v. Bureau of Alcohol
  M.D. Fla.· 2024-03-11
  The court held that plaintiffs adequately pleaded Second Amendment and APA claims but failed to adequately plead a Taxing and Spending Clause claim, and dismissed embedded claims for vagueness and takings.
• Harbor Breeze AMI, LLC v. City of Holmes Beach
  M.D. Fla.· 2023-06-07
  The court held that while the ordinance provides sufficient notice of prohibited conduct, the enforcement standards in subsection 30-55(2)(a) are unconstitutionally vague.
• Northshore Holdings, LLC v. Walton Cnty.
  Fla. 1st DCA· 2023-04-12
  A trial court lacks jurisdiction to grant declaratory relief when the plaintiff alleges only the possibility of legal injury based on hypothetical and contingent facts, rather than demonstrating a bona fide, actual, and present practical need for the declaration. The customary us
• United States v. Prat
  S.D. Fla.· 2022-01-14
  The court held that the statute of limitations and laches do not bar the government's action to revoke citizenship, and the complaint adequately states claims for relief.
• Hogan v. United States
  M.D. Fla.· 2021-10-04
  Raimundo Antonio Hogan was convicted of firearm possession by a convicted felon and sentenced to 180 months imprisonment; he challenged his conviction and sentence through a §2255 motion on grounds of ineffective assistance of counsel, prosecutorial misconduct regarding firearm s
• Turcotte v. United States
  S.D. Fla.· 2020-12-21
  The court affirmed the magistrate judge's recommendation to deny the motion to correct sentence, holding that carjacking is a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A).
• Herron v. United States
  S.D. Fla.· 2020-12-03
  The court held that the movant failed to demonstrate prejudice from the alleged instructional error, and that his section 924(o) conviction was not solely based on the unconstitutionally vague residual clause of section 924(c).
• Oakes v. Collier Cnty.
  M.D. Fla.· 2020-11-11
  The court held that the Governor's Executive Order mooted most, but not all, of the plaintiffs' claims challenging a county mask ordinance, and dismissed some claims for failure to state a claim.
• Sec. & Exch. Comm'n v. Montano
  M.D. Fla.· 2020-10-05
  The court adopted the magistrate judge's recommendations, denying both the SEC's motion for partial summary judgment and Montano's motion for summary judgment. The court found that while Montano's objections were largely unavailing, the SEC failed to present a clear case for summ
• Commodity Futures Trading Comm'n v. Montano
  M.D. Fla.· 2020-09-29
  The court adopted the magistrate judge's report, finding that the CFTC has jurisdiction, the laws are not unconstitutionally vague, Montano acted as a CTA, and his conduct falls under the Commodity Exchange Act.
• Perez v. United States
  S.D. Fla.· 2020-09-23
  The court held that the movant's conviction under 18 U.S.C. § 924(c) was unconstitutional because it likely relied on the statute's now-voided residual clause, and this claim was not procedurally barred.
• D. T. M. v. Grady C. Judd
  Fla. 2d DCA· 2020-06-05
  The appellate court affirmed a Risk Protection Order (RPO) against a minor, D.T.M., who had threatened to shoot classmates. The court rejected D.T.M.'s facial constitutional challenges to the statute authorizing RPOs, finding it neither void for vagueness nor an unlawful delegati
• Giardina v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-10-16
  Michael Giardina, convicted of aggravated battery for stabbing Christopher Carpentier, filed a federal habeas corpus petition claiming ineffective assistance of counsel and challenging jury instructions on self-defense under Florida's Stand Your Ground law. The district court den
• Johnson v. United States
  M.D. Fla.· 2019-09-19
  The court held that the petitioner's motion to vacate, set aside, or correct his sentence is denied because his claims are time-barred, procedurally defaulted, and without merit.
• 21ST Century Oncology Inc v. LEE
  N.D. Fla.· 2019-08-21
  The court held that the plaintiff failed to demonstrate a substantial likelihood of success on the merits regarding its Contracts Clause claim, as the statute, while impairing contracts, served a significant and legitimate public purpose.
• State v. Crumbley
  Fla. 2d DCA· 2018-05-23
  A vagueness challenge to a criminal statute that does not implicate First Amendment freedoms must be examined in light of the facts of the case at hand, and a trial court cannot dismiss charges based on an abstract constitutional analysis without taking evidence or making factual