language conveys sufficiently definite warning (Florida) · Go Syfert
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language conveys sufficiently definite warning in Florida

11 Florida opinions name it 3 courts 1972–2005 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Zachary v. Stategreen
fla · 1972 · cited in 6 Florida opinions naming this issue, 1973–2005
2 sentences

1986The appellant also argues that the concealed weapons statute is unconstitutionally vague because it fails to set out what behavior is prohibited where it excludes from the operation of the concealed weapons statute one carrying weapons “at his home.” In Alexander v. State, 477 So.2d 557 (Fla.1985) (quoting Zachary v. State, 269 So.2d 669, 670 (Fla.1972)), the supreme court stated: The test of a statute insofar as vagueness is concerned is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice_“The constitutiona

1981In Zachary v. State, 269 So.2d 669, 670 (Fla. 1972), the Court stated: "The test of a statute insofar as vagueness is concerned is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice." [Citation omitted].

26
Alexander v. Stategreen
fla · 1985 · cited in 2 Florida opinions naming this issue, 1986–2005
2 sentences

2005The underlying principle is that no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed.'" Alexander v. State, 477 So.2d 557, 560 (Fla.1985) (quoting Zachary v. State, 269 So.2d 669 (Fla.1972)).

1986The appellant also argues that the concealed weapons statute is unconstitutionally vague because it fails to set out what behavior is prohibited where it excludes from the operation of the concealed weapons statute one carrying weapons “at his home.” In Alexander v. State, 477 So.2d 557 (Fla.1985) (quoting Zachary v. State, 269 So.2d 669, 670 (Fla.1972)), the supreme court stated: The test of a statute insofar as vagueness is concerned is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice_“The constitutiona

22
Newman v. Carsongreen
fla · 1973 · cited in 2 Florida opinions naming this issue, 1990–1998
2 sentences

1998The statute must give reasonable notice that a person's conduct is restricted by the statute. *1151 Newman v. Carson, 280 So.2d 426, 430 (Fla. 1973).

1990See Newman v. Carson, 280 So.2d 426, 430 (Fla. 1973) finding section 811.165, F.S. (1970) (the predecessor statute to section 812.051) to be neither vague nor indefinite, using as its standard "whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice." In Mid-Fla, the district court granted the plaintiffs' application for an order enjoining the enforcement of section 812.051, F.S. (1981), finding it to be likely that the plaintiffs would succeed on their claim that certain provisions of the statute violated the c

22
Reynolds v. Stategreen
fla · 1980 · cited in 1 Florida opinions naming this issue, 1985–1985
2 sentences

1985The statute must give reasonable notice that a person's conduct is restricted by the statute. 383 So.2d 228 at 229 (Fla. 1980).

1985The statute must give reasonable notice that a person's conduct is restricted by the statute." Reynolds v. State, 383 So.2d 228, 229 (Fla. 1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
People v. Smith green
calctapp · 1939
1 sentence

1974(Emphasis supplied.) Also, in Smith v. State, 237 So.2d 139 (Fla. 1970), this Court held, quoting from People v. Smith, 36 Cal. App. Supp.2d 748, 92 P.2d 1039 , (1939), that: "To make a statute sufficiently certain to comply with constitutional requirements it is not necessary that it furnish detailed plans and specifications of the acts or conduct prohibited. ..." Id 237 So.2d at 141 .

11974–1974
Smith v. State green
fla · 1970
2 sentences

1974(Emphasis supplied.) Also, in Smith v. State, 237 So.2d 139 (Fla. 1970), this Court held, quoting from People v. Smith, 36 Cal. App. Supp.2d 748, 92 P.2d 1039 , (1939), that: "To make a statute sufficiently certain to comply with constitutional requirements it is not necessary that it furnish detailed plans and specifications of the acts or conduct prohibited. ..." Id 237 So.2d at 141 .

1974(Emphasis supplied.) Also, in Smith v. State, 237 So.2d 139 (Fla. 1970), this Court held, quoting from People v. Smith, 36 Cal. App. Supp.2d 748, 92 P.2d 1039 , (1939), that: "To make a statute sufficiently certain to comply with constitutional requirements it is not necessary that it furnish detailed plans and specifications of the acts or conduct prohibited. ..." Id 237 So.2d at 141 .

11974–1974
Connally v. General Construction Co. green
scotus · 1926
2 sentences

1973Fla. 1970).” Vagueness “The test of a statute insofar as vagueness is concerned is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding.” Connally v. General Construction Company, 269 U.S. 385 , 46 S.Ct. 126 , 70 L.Ed. 322 (1926).

1973Fla. 1970).” Vagueness “The test of a statute insofar as vagueness is concerned is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding.” Connally v. General Construction Company, 269 U.S. 385 , 46 S.Ct. 126 , 70 L.Ed. 322 (1926).

11973–1973
United States v. Harriss green
scotus · 1954
2 sentences

1972The test of a statute insofar as vagueness is concerned is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice. [2] Appellant in his brief recognizes this basic test, citing United States v. Harriss, 347 U.S. 612 -617, 74 S.Ct. 808, 812 , 98 L.Ed. 989 -996, to the following effect: "The constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute.

1972The test of a statute insofar as vagueness is concerned is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice. [2] Appellant in his brief recognizes this basic test, citing United States v. Harriss, 347 U.S. 612 -617, 74 S.Ct. 808, 812 , 98 L.Ed. 989 -996, to the following effect: "The constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute.

11972–1972

Statutes the citing opinions construe

FL § 775.082 (4) FL § 775.083 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 21 (1953–2023) MS 17 (1981–2023) FL 11 (1972–2005) CT 9 (1977–2001) IL 5 (1973–2023) AL 5 (1978–1991) NY 4 (1953–2009) WA 2 (1971–1982)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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