Void For Vagueness Doctrine

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

• State v. Carrier
  Fla. 2d DCA· 2018-03-09
  Section 585.145(3) is not unconstitutionally vague on its face and does not violate substantive due process. The statute requires a knowing alteration of a certificate that results in a false or deceptive document, and when construed in context with the words 'forges,' 'counterfe
• Peterson v. City of Winter Park Code Enf't Bd.
  9th Cir. Ct. App. Div.· 2014-11-07
  Jon Christian Peterson appeals a Code Enforcement Board order finding him in violation of Winter Park's Land Development Code for storing a trailer on his residential property. The appellate court affirmed the violation finding but reversed and struck language incorrectly charact
• Boardwalk Bros. v. Satz
  577 F. Supp. 2d 724· S.D. Fla.· 2013-06-04
  The court held that the plaintiffs failed to establish a likelihood of success on the merits for their vagueness claim and did not demonstrate irreparable injury, thus denying their motion for a preliminary injunction.
• United States v. Greenpeace, Inc.
  314 F. Supp. 2d 1252· S.D. Fla.· 2004-04-15
  The court denied in part and deferred in part Greenpeace's motion to dismiss the indictment, finding that the scope of 18 U.S.C. § 2279 presented factual questions for trial, and granted Greenpeace a jury trial as a matter of judicial discretion.
• Medina v. State
  820 So. 2d 943· Fla.· 2002-05-30
  The PRRP is constitutional, but whether it applies to burglary of an unoccupied dwelling must be reconsidered under the principles established in State v. Huggins.
• Medina v. State
  813 So. 2d 103· Fla.· 2002-03-14
  The Prison Releasee Reoffender Punishment Act cannot be applied to burglary of an unoccupied dwelling as determined by State v. Huggins, and the PRRP does not violate the Florida Constitution on single subject, separation of powers, cruel and unusual punishment, vagueness, due pr
• Chambers v. State
  789 So. 2d 336· Fla.· 2001-06-28
  Florida Supreme Court affirmed the First District Court of Appeal's affirmance of Chambers' sentence under the Prison Releasee Reoffender Act, rejecting challenges previously resolved in Grant, Cotton, McKnight, and Ellis.
• Culpepper v. State
  789 So. 2d 338· Fla.· 2001-06-28
  Florida Supreme Court affirmed the Third District Court of Appeal's affirmance of Culpepper's sentencing under the Prison Releasee Reoffender Act, rejecting constitutional challenges previously resolved in related cases.
• Verro Chambers v. State
  789 So. 2d 339· Fla.· 2001-06-28
  Florida Supreme Court affirmed the First District Court of Appeal's decision upholding Chambers' sentence under the Prison Releasee Reoffender Act, rejecting his constitutional challenges as previously resolved in prior cases.
• Rooney v. State
  788 So. 2d 248· Fla.· 2001-06-07
  The court held that there is no constitutional right to plea bargain, and affirmed the sentence under the Prison Releasee Reoffender Act to the extent it was consistent with prior rulings.
• Oliver v. State
  788 So. 2d 247· Fla.· 2001-06-07
• Taylor v. State
  788 So. 2d 951· Fla.· 2001-06-07
  Florida Supreme Court affirmed the First District Court of Appeal's decision upholding Taylor's sentencing under the Prison Releasee Reoffender Act, rejecting constitutional challenges including ex post facto, equal protection, double jeopardy, separation of powers, vagueness, an
• Adams v. State
  787 So. 2d 828· Fla.· 2001-05-31
  The Florida Supreme Court reviewed Thomas Adams's challenge to his sentencing under the Prison Releasee Reoffender Act. The Court affirmed the appellate court's decision, finding that Adams's various constitutional challenges to the Act had all been previously addressed and rejec
• Smith v. State
  787 So. 2d 830· Fla.· 2001-05-31
  Smith petitioned for review of his sentence under Florida's Prison Releasee Reoffender Act, challenging its constitutionality and application. The Florida Supreme Court affirmed the district court's decision, finding that all of Smith's challenges had been previously addressed an
• Taylor v. State
  787 So. 2d 833· Fla.· 2001-05-31
  The court approves the district court's decision to the extent it is consistent with prior rulings on the Prison Releasee Reoffender Act.
• Hillyar v. State
  787 So. 2d 829· Fla.· 2001-05-31
  The court approved the decision in Hillyar to the extent it is consistent with prior rulings on the Prison Releasee Reoffender Act.
• Williams v. State
  787 So. 2d 810· Fla.· 2001-05-24
  The Court approves the district court's decision to the extent it is consistent with prior rulings on the Prison Releasee Reoffender Act.
• Baggett v. State
  779 So. 2d 267· Fla.· 2001-02-15
  The Florida Supreme Court approved a Fifth District Court of Appeals decision upholding a life sentence imposed under the Prison Releasee Reoffender Act, rejecting multiple constitutional challenges to the statute including ex post facto, equal protection, separation of powers, d
• Sturgis v. State
  781 So. 2d 1069· Fla.· 2001-02-15
  Robert Sturgis challenged his fifteen-year sentence under Florida's Prison Releasee Reoffender Act on multiple constitutional grounds. The Florida Supreme Court affirmed the sentence, finding that all of Sturgis's challenges had been previously addressed and rejected in prior dec
• Clarke v. State
  777 So. 2d 971· Fla.· 2001-02-08
  The Florida Supreme Court approved a First District decision affirming Fred Clarke's sentence under the Prison Releasee Reoffender Act, rejecting his constitutional challenges to the statute and his sentencing as a habitual violent felony offender. The Court held that previous de
• Oralia Baez v. State
  777 So. 2d 971· Fla.· 2001-02-08
  Oralia Baez challenged her five-year prison sentence imposed under Florida's Prison Releasee Reoffender Act on constitutional grounds. The Florida Supreme Court affirmed the Fourth District Court of Appeal's decision, rejecting all of Baez's challenges to the Act based on prior p
• Mickey Palmieri v. State
  777 So. 2d 974· Fla.· 2001-02-08
  Florida Supreme Court approved the Second District Court of Appeal's decision upholding Palmieri's sentence under the Prison Releasee Reoffender Act, rejecting constitutional challenges previously resolved in Grant v. State and State v. Cotton.
• Wahill Saleh Hack v. State
  779 So. 2d 264· Fla.· 2001-02-01
  The Florida Supreme Court approved the Fifth District Court of Appeal's decision in Hack v. State challenging a five-year prison sentence under the Prison Releasee Reoffender Act, to the extent that decision was consistent with the Court's concurrent decisions in Cotton, Ellis, M
• Sanders v. State
  778 So. 2d 991· Fla.· 2001-02-01
  The Florida Supreme Court reviewed Sanders' challenge to his concurrent life sentences imposed under the Prison Releasee Reoffender Act. The Court approved the Fifth District's affirmance, rejecting all of Sanders' constitutional challenges to the Act as previously resolved in pr
• Maxwell v. State
  778 So. 2d 973· Fla.· 2001-01-25
  The Florida Supreme Court approved a district court's affirmation of Maxwell's fifteen-year prison sentence under the Prison Releasee Reoffender Act, resolving a conflict between district court decisions and clarifying that the Act does not violate constitutional protections rega
• Carter v. State
  778 So. 2d 972· Fla.· 2001-01-25
  The Florida Supreme Court reviews Carter's sentence under the Prison Releasee Reoffender Act, resolving a conflict between the Fifth and Second District Courts of Appeal. The court affirms Carter's conviction and sentence, holding that the Act is constitutional and does not viola
• Durden v. State
  777 So. 2d 416· Fla.· 2001-01-18
  Brian Durden challenged his mandatory life sentence imposed under Florida's Prison Releasee Reoffender Act as violating the state constitution's separation of powers clause and other constitutional protections. The Florida Supreme Court affirmed the district court's decision and
• Murray v. State
  776 So. 2d 272· Fla.· 2001-01-11
  The Florida Supreme Court approved a Fifth District Court of Appeal decision affirming a Prison Releasee Reoffender Act sentence, resolving a conflict with a Second District decision. The court held that previously decided constitutional and procedural challenges to the Act do no
• Aric A. Williams v. State
  776 So. 2d 269· Fla.· 2001-01-11
  The Florida Supreme Court reviewed a Fifth District Court of Appeal decision upholding Williams' five-year prison sentence under the Prison Releasee Reoffender Act. The Court approved the lower court's decision to the extent it was consistent with the Court's precedent in Cotton,
• Lookadoo v. State
  776 So. 2d 270· Fla.· 2001-01-11
  The Florida Supreme Court approved a district court decision affirming Lookadoo's life sentence under the Prison Releasee Reoffender Act, resolving a conflict between appellate decisions by establishing that the Act is constitutional and does not violate separation of powers, due
• Pickett v. State
  773 So. 2d 1257· Fla. 4th DCA· 2000-12-20
  The court affirmed the defendant's convictions for felony driving while license suspended and driving with an expired license, rejecting his constitutional challenges to the statute.
• Venice Devon Wilson v. State
  769 So. 2d 1150· Fla. 5th DCA· 2000-11-09
  In this Anders appeal, the Florida Fifth District Court of Appeal reviewed Venice Devon Wilson's drug convictions arising from a single March 1999 incident. The court affirmed convictions for trafficking in cocaine and possession of cocaine with intent to sell/deliver within 1,00
• R.L.S. v. State
  732 So. 2d 39· Fla. 2d DCA· 1999-05-05
  R.L.S., a juvenile, was adjudicated delinquent for assault and weapon possession on school property. The court affirmed the assault charge but reversed the weapon possession charge and remanded because the trial court lacked guidance from the Florida Supreme Court's L.B. decision
• Mason v. Florida Bar
  29 F. Supp. 2d 1329· M.D. Fla.· 1998-12-15
  The Florida Bar's requirement that an attorney include a disclaimer when advertising a 'Highest Rating' from Martindale-Hubbell does not violate the attorney's First Amendment rights or the void-for-vagueness doctrine.
• Maguna-Celaya v. Haro
  19 F. Supp. 2d 1337· S.D. Fla.· 1998-08-28
  The court held that the magistrate erred in certifying extradition because the evidence of torture and coerced statements, which obliterated probable cause, should have been fully considered.
• D.M.L. v. State
  694 So. 2d 782· Fla. 1st DCA· 1997-05-06
  The court held that section 39.061, Florida Statutes, is not unconstitutionally vague and adequately proscribes escape from low-risk residential commitment facilities.
• United States v. McINTYRE
  997 F.2d 687· 10th Cir.· 1993-06-07
  The court affirmed the defendant's conviction, holding that the district court did not abuse its discretion in its evidentiary rulings or its decision regarding juror qualification, and that the admission of certain documents, while potentially erroneous, did not constitute plain
• DeMont R.D. Conner v. Sakai
  994 F.2d 1408· 9th Cir.· 1993-06-02
  The court held that a prisoner's due process rights may be violated by disciplinary segregation imposed without adequate notice or opportunity to call witnesses, and by punishment for praying in Arabic under an overly broad English-only rule. Qualified immunity may not apply if a
• State v. McCARTHY
  615 So. 2d 784· Fla. 2d DCA· 1993-03-10
  The state appealed the trial court's dismissal of a charge under Florida's business opportunity seller statute, which prohibits misrepresenting prospects for success. The appellate court affirmed, holding that the statute is unconstitutionally vague and overbroad because it fails
• United States v. Cochrane
  985 F.2d 1027· 9th Cir.· 1993-02-16
  The court affirmed the conviction, holding that the defendant did not receive ineffective assistance of counsel and that the statute and indictment were not unconstitutionally vague.
• United States v. McLAMB
  985 F.2d 1284· 4th Cir.· 1993-02-10
  The court affirmed the convictions, holding that the evidence was sufficient to support the structuring and money laundering charges, the jury instructions were not plainly erroneous, and the statute was constitutional as applied.
• Becker v. A.L. Lockhart
  971 F.2d 172· 8th Cir.· 1992-08-03
  The court held that the evidence was insufficient to prove that the defendant used physical force to resist apprehension immediately after a misdemeanor theft, entitling him to habeas relief.
• United States v. DeBOER
  966 F.2d 1066· 6th Cir.· 1992-06-09
  The court held that the defendant's conviction for conspiracy to distribute a controlled substance was supported by sufficient evidence and that the trial court did not commit reversible error in its jury instructions or evidentiary rulings.
• Pilsen Neighbors Cmty. Council & Nat'l Consumers Found. v. Netsch
  960 F.2d 676· 7th Cir.· 1992-04-03
  The court held that the Illinois Voluntary Payroll Deductions Act is not unconstitutionally vague and does not violate the First Amendment, as the state employee charitable solicitation drive constitutes a non-public forum with reasonable and viewpoint-neutral restrictions.
• United States v. True
  946 F.2d 682· 9th Cir.· 1991-10-07
  The dissenting judge would affirm the district court's judgment, finding the closure order enforceable despite the modifying note.
• Johnson v. John Deere Co.
  935 F.2d 151· 8th Cir.· 1991-06-05
  The court held that North Dakota's statute barring recovery for product alterations that substantially contribute to injury applies to negligence claims and is not unconstitutionally vague or a violation of equal protection.
• United States v. Argo
  925 F.2d 1133· 9th Cir.· 1991-02-04
  The court held that applying the Supreme Court's decision in Taylor v. United States retroactively was not unfair and did not violate the plea agreement, rejecting the defendant's constitutional challenges.
• BIG Bear Super Mkt. NO. 3 v. Immigr. & Naturalization Serv.
  913 F.2d 754· 9th Cir.· 1990-09-06
  The court held that employers have a continuing duty to prepare and maintain employment verification forms (I-9s) for all employees, and failure to do so constitutes a violation even after receiving a citation for prior non-compliance.
• Buckley v. Collins
  904 F.2d 263· 5th Cir.· 1990-06-27
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, that the Texas rape statute was constitutional, and that the jury instructions were not fundamentally erroneous.
• Leonardson v. City OF E. Lansing
  896 F.2d 190· 6th Cir.· 1990-02-13
  The court held that Section 9.111 of Ordinance 653 was not unconstitutionally vague, but Section 9.112 was unconstitutionally vague due to excessive discretion granted to officials, potentially infringing on First Amendment rights.