void-for-vagueness doctrine (Oklahoma) · Go Syfert
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void-for-vagueness doctrine in Oklahoma

11 Oklahoma opinions name it 3 courts 1994–2018 0 in the last five years

The cases below were cited by Oklahoma 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 (6)

CaseFollowedCited
Kolender v. Lawsongreen
scotus · 1983 · cited in 10 Oklahoma opinions naming this issue, 1994–2018
2 sentences

2018"As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." Weeks v. State , 2015 OK CR 16 , ¶ 18, 362 P.3d 650 , 655 (quoting Kolender v. Lawson , 461 U.S. 352 , 357, 103 S.Ct. 1855 , 1858, 75 L.Ed.2d 903 (1983) ).

2018"As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." Weeks v. State , 2015 OK CR 16 , ¶ 18, 362 P.3d 650 , 655 (quoting Kolender v. Lawson , 461 U.S. 352 , 357, 103 S.Ct. 1855 , 1858, 75 L.Ed.2d 903 (1983) ).

110
Edmondson v. Pearcegreen
okla · 2004 · cited in 2 Oklahoma opinions naming this issue, 2005–2011
2 sentences

2011See also Edmondson v. Pearce, 2004 OK 23, 48 , 91 P.3d 605, 629 (the void-for-vagueness doctrine requires a statute to define the limits on the constitutional right with sufficient definiteness that ordinary people understand what conduct is prohibited and in a manner that does not encourage arbitrary discriminatory enforcement.) 97 .

2011See also Edmondson v. Pearce, 2004 OK 23, 48 , 91 P.3d 605, 629 (the void-for-vagueness doctrine requires a statute to define the limits on the constitutional right with sufficient definiteness that ordinary people understand what conduct is prohibited and in a manner that does not encourage arbitrary discriminatory enforcement.) 97 .

12
WEEKS v. STATEgreen
oklacrimapp · 2015 · cited in 1 Oklahoma opinions naming this issue, 2018–2018
2 sentences

2018"As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." Weeks v. State , 2015 OK CR 16 , ¶ 18, 362 P.3d 650 , 655 (quoting Kolender v. Lawson , 461 U.S. 352 , 357, 103 S.Ct. 1855 , 1858, 75 L.Ed.2d 903 (1983) ).

2018"As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." Weeks v. State , 2015 OK CR 16 , ¶ 18, 362 P.3d 650 , 655 (quoting Kolender v. Lawson , 461 U.S. 352 , 357, 103 S.Ct. 1855 , 1858, 75 L.Ed.2d 903 (1983) ).

11
Hayes v. Municipal Court of Oklahoma Citygreen
oklacrimapp · 1971 · cited in 1 Oklahoma opinions naming this issue, 2007–2007
2 sentences

2007Hayes, 1971 OK CR 274, ¶ 6 , 487 P.2d at 976 ("A 'statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.'") (quoting Connally v. General Constr.

2007Hayes, 1971 OK CR 274, ¶ 6 , 487 P.2d at 976 ("A 'statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.'") (quoting Connally v. General Constr.

11
State v. Saundersgreen
oklacrimapp · 1994 · cited in 1 Oklahoma opinions naming this issue, 2007–2007
2 sentences

2007See Wilkins v. State, 1999 OK CR 27, ¶ 8 , 985 P.2d 184, 186 ("As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.") (quoting Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855, 1858 , 75 L.Ed.2d 903 (1983)); State v. Saunders, 1994 OK CR 76, ¶ 5 , 886 P.2d 496, 497 (same). .

2007See Wilkins v. State, 1999 OK CR 27, ¶ 8 , 985 P.2d 184, 186 ("As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.") (quoting Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855, 1858 , 75 L.Ed.2d 903 (1983)); State v. Saunders, 1994 OK CR 76, ¶ 5 , 886 P.2d 496, 497 (same). .

11
Wilkins v. Stategreen
oklacrimapp · 1999 · cited in 1 Oklahoma opinions naming this issue, 2007–2007
2 sentences

2007See Wilkins v. State, 1999 OK CR 27, ¶ 8 , 985 P.2d 184, 186 ("As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.") (quoting Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855, 1858 , 75 L.Ed.2d 903 (1983)); State v. Saunders, 1994 OK CR 76, ¶ 5 , 886 P.2d 496, 497 (same). .

2007See Wilkins v. State, 1999 OK CR 27, ¶ 8 , 985 P.2d 184, 186 ("As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.") (quoting Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855, 1858 , 75 L.Ed.2d 903 (1983)); State v. Saunders, 1994 OK CR 76, ¶ 5 , 886 P.2d 496, 497 (same). .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Broadrick v. Oklahoma green
scotus · 1973
2 sentences

2004As discussed below, the Act does not reach a substantial amount of constitutionally protected conduct and is not unconstitutionally vague or overbroad. ¶ 48 “As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people understand what conduct is prohibited and in a manner that does not encourage arbitrary discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983); Connally v. General Const. Co., 269 U.S. 385, 391 , 46 S.Ct. 126 , 70 L.Ed. 322 (192

2004As discussed below, the Act does not reach a substantial amount of constitutionally protected conduct and is not unconstitutionally vague or overbroad. ¶ 48 “As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people understand what conduct is prohibited and in a manner that does not encourage arbitrary discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983); Connally v. General Const. Co., 269 U.S. 385, 391 , 46 S.Ct. 126 , 70 L.Ed. 322 (192

21994–2004
Flandermeyer v. Bonner green
okla · 2006
2 sentences

2011Flandermeyer v. Bonner, 2006 OK 87, 11 , 152 P.3d 195, 199 ; State ex rel.

2011Flandermeyer v. Bonner, 2006 OK 87, 11 , 152 P.3d 195, 199 ; State ex rel.

12011–2011
Connally v. General Construction Co. green
scotus · 1926
2 sentences

2004As discussed below, the Act does not reach a substantial amount of constitutionally protected conduct and is not unconstitutionally vague or overbroad. ¶ 48 “As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people understand what conduct is prohibited and in a manner that does not encourage arbitrary discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983); Connally v. General Const. Co., 269 U.S. 385, 391 , 46 S.Ct. 126 , 70 L.Ed. 322 (192

2004As discussed below, the Act does not reach a substantial amount of constitutionally protected conduct and is not unconstitutionally vague or overbroad. ¶ 48 “As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people understand what conduct is prohibited and in a manner that does not encourage arbitrary discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983); Connally v. General Const. Co., 269 U.S. 385, 391 , 46 S.Ct. 126 , 70 L.Ed. 322 (192

12004–2004
In Re Initiative Petition No. 341, State Question No. 627 green
okla · 1990
2 sentences

2004This Court has ruled that “[a] prerequisite to an overbreadth challenge is that the law itself will create a ‘realistic danger’ that first amendment protections will be compromised.” In re Initiative Petition No. 341, 1990 OK 53 , 796 P.2d 267, 269 .

2004This Court has ruled that “[a] prerequisite to an overbreadth challenge is that the law itself will create a ‘realistic danger’ that first amendment protections will be compromised.” In re Initiative Petition No. 341, 1990 OK 53 , 796 P.2d 267, 269 .

12004–2004
Smith v. Goguen green
scotus · 1974
2 sentences

2004As discussed below, the Act does not reach a substantial amount of constitutionally protected conduct and is not unconstitutionally vague or overbroad. ¶ 48 “As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people understand what conduct is prohibited and in a manner that does not encourage arbitrary discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983); Connally v. General Const. Co., 269 U.S. 385, 391 , 46 S.Ct. 126 , 70 L.Ed. 322 (192

2004As discussed below, the Act does not reach a substantial amount of constitutionally protected conduct and is not unconstitutionally vague or overbroad. ¶ 48 “As generally stated, the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people understand what conduct is prohibited and in a manner that does not encourage arbitrary discriminatory enforcement.” Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855 , 75 L.Ed.2d 903 (1983); Connally v. General Const. Co., 269 U.S. 385, 391 , 46 S.Ct. 126 , 70 L.Ed. 322 (192

12004–2004

Where else courts name it

OH 142 (1972–2026) PA 114 (1975–2026) CA 93 (1968–2026) WA 69 (1971–2025) CT 67 (1979–2025) MN 57 (1977–2017) TX 49 (1968–2024) ID 43 (1977–2025) CO 43 (1978–2024) MI 40 (1967–2026) NY 38 (1973–2025) FL 36 (1980–2019) AL 32 (1983–2018) IA 28 (1986–2025) MD 25 (1978–2020) NE 25 (1985–2024) MO 24 (1980–2022) ME 21 (1974–2024) NM 21 (1983–2024) ND 20 (1984–2025) WI 19 (1972–2024) NV 19 (1992–2024) VA 18 (1987–2024) UT 17 (1991–2018) VT 17 (1989–2020) KY 17 (1987–2026) MA 16 (1975–2025) AR 15 (1980–2026) GA 15 (1983–2020) NJ 15 (1968–2021) MS 13 (1976–2021) MT 12 (1985–2020) IL 11 (1978–2021) OK 11 (1994–2018) LA 9 (1986–2023) KS 9 (1989–2026) NC 8 (1999–2026) SC 8 (2007–2025) AK 7 (1969–2024) IN 7 (1992–2024) VI 6 (1995–2015) TN 6 (1996–2025) DC 6 (1975–2023) SD 5 (1983–2015) HI 5 (1981–2016) AZ 5 (1983–2017) RI 4 (1996–2015) OR 3 (1976–1980) WV 3 (1985–2022) DE 2 (1991–1998) GU 2 (2021–2024)

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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