Void For Vagueness Doctrine

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

• Postscript Enters., Inc. v. Hon. George Peach
  878 F.2d 1114· 8th Cir.· 1989-07-13
  The court held that the district court correctly applied the Younger abstention doctrine, requiring abstention from hearing the federal constitutional challenge due to pending state forfeiture and criminal proceedings.
• United States v. Gaudreau
  860 F.2d 357· 10th Cir.· 1988-10-17
  The court held that the Colorado commercial bribery statute, as interpreted by the Colorado Supreme Court to mean 'duty of loyalty' defined by common law, provides sufficient notice and clear enforcement standards to serve as predicate acts for a RICO prosecution.
• News & Sun-Sentinel Co. v. Bd. of Cnty. Comm'rs
  693 F. Supp. 1066· S.D. Fla.· 1987-06-30
  A county ordinance requiring publishers to verify contractor certification numbers or obtain affidavits impermissibly infringes on the freedom of the press by shifting enforcement burdens to the media.
• United States v. Garcia-Restrepo
  648 F. Supp. 1188· S.D. Fla.· 1986-11-03
  The court held that the magistrate erred in suppressing evidence against Garcia-Restrepo and in finding 31 U.S.C. § 5317(b) unconstitutional, and that Arango-Velez voluntarily consented to the search of his residence.
• Dirks v. Sec. & Exch. Comm'n
  802 F.2d 1468· D.C. Cir.· 1986-10-10
  Section 14(b) of SIPA, as clarified by the SEC's administrative construction, is not unconstitutionally vague, and the SEC's findings of negligence are supported by substantial evidence.
• United States v. Borrero-Gonzalez
  793 F.2d 1252· 11th Cir.· 1986-07-18
• United States v. Collins
  603 F. Supp. 301· S.D. Fla.· 1985-02-20
  Section 6(c) of the Classified Information Procedures Act (CIPA) is constitutional, as it does not violate the Sixth Amendment's compulsory process clause, the Fifth Amendment's due process or equal protection clauses, and the standard of substantial equivalence is not void for v
• State v. Block
  428 So. 2d 782· Fla. 4th DCA· 1983-03-30
  Florida appealed a county court order dismissing a DUI charge on the ground that the relevant statute was unconstitutionally vague. The District Court of Appeal reversed, holding that the trial court erred by reaching a constitutional issue when it should have dismissed on the na
• State v. Williams
  45 Fla. Supp. 208· Fla. Cty. Ct.· 1977-06-07
  A Florida county court held that Florida Statute 316.272(2), which prohibits excessive fumes or smoke from motor vehicles, is unconstitutional and void for vagueness. The court dismissed a traffic citation issued to Williams after his jeep produced smoke when he started it after
• Sunbeam Television Corp. v. Shevin
  45 Fla. Supp. 53· Fla. Cir. Ct.· 1977-01-14
  Sunbeam Television Corporation and the Miami Herald Publishing Company challenged the constitutionality of Florida's 1974 amendment to Chapter 934 (the Security of Communications Act), which prohibited electronic recording of conversations without all parties' consent. The court
• Horvath v. City OF Chicago
  510 F.2d 594· 7th Cir.· 1975-05-16
  The court held that federal courts should not interfere with state civil proceedings to determine the application of a municipal ordinance, even if the ordinance is arguably vague.
• United States ex rel. Sidney J. Clark v. Anderson
  502 F.2d 1080· 3d Cir.· 1974-06-13
  A state cannot constitutionally apply a superseded predecessor statute to a defendant after ruling the successor statute unconstitutionally vague, as this violates due process notice requirements.
• In the Interest of B.O.W.
  40 Fla. Supp. 93· Dade Cty. Cir. Ct.· 1974-02-07
  In this child dependency case, the Dade County Circuit Court upheld Florida's dependency statute against constitutional challenges and adjudicated B.O.W., an eight-month-old child with spiral fractures and skull fractures, as a dependent child due to parental child abuse. The cou
• State v. Mayhew
  38 Fla. Supp. 107· Duval Cty. Cir. Ct.· 1973-03-21
  The Duval County Circuit Court declared Florida's profanity statute (Fla. Stat. §847.04) unconstitutional on its face as violating the First, Fifth, and Fourteenth Amendments. The court granted the defendant's motion to dismiss charges for profanity and resisting arrest, finding
• United States v. Gibbons
  463 F.2d 1201· 3d Cir.· 1972-06-28
  The court held that the statute was not void for vagueness, the information was sufficient, the search warrant execution complied with statutory requirements, and the evidence was sufficient to support the conviction.
• Tuscany Fabrics, Inc. v. The United States
  454 F.2d 1188· C.C.P.A.· 1972-02-17
  The court affirmed the Customs Court's classification, holding that the "significant amounts" standard in headnote 1(ii) is sufficiently definite and that the imported fabric did not impart asbestos's peculiar characteristics commercially.
• United States v. Netski
  448 F.2d 744· 9th Cir.· 1971-08-03
  The court held that the evidence was sufficient to sustain the conviction and that the statute was constitutional and not void for vagueness.
• Crosby v. Ellsworth
  431 F.2d 35· 9th Cir.· 1970-04-13
  The court held that the Montana Supreme Court's interpretation of state statutes regarding bigamy is binding and not a due process violation, and that the prior marriage to Mary Lou Daniels provided a valid basis for the bigamy conviction.
• Naumu v. Territory OF Hawaii
  273 F.2d 568· 9th Cir.· 1959-12-21
  The court held that the operation of a pinball machine awarding free games is a violation of Hawaii's gambling statute, and the statute as applied is not void for indefiniteness.