facial vagueness challenge (Georgia) · Go Syfert
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facial vagueness challenge in Georgia

10 Georgia opinions name it 2 courts 2007–2026 5 in the last five years

The cases below were cited by Georgia 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 (11)

CaseFollowedCited
Banta v. Stategreen
ga · 2007 · cited in 2 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Poole, 262 Ga. at 719 ; Banta, 281 Ga. at 616-617 (1); Lindsey, 277 Ga. at 773 (1); Mixon, 226 Ga. at 870 (1). 5.

2024See Poole, 262 Ga. at 719 ; Banta, 281 Ga. at 616-617 (1); Lindsey, 277 Ga. at 773 (1); Mixon, 226 Ga. at 870 . 5.

22
Lindsey v. Stategreen
ga · 2004 · cited in 2 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Poole, 262 Ga. at 719 ; Banta, 281 Ga. at 616-617 (1); Lindsey, 277 Ga. at 773 (1); Mixon, 226 Ga. at 870 (1). 5.

2024See Poole, 262 Ga. at 719 ; Banta, 281 Ga. at 616-617 (1); Lindsey, 277 Ga. at 773 (1); Mixon, 226 Ga. at 870 . 5.

22
Poole v. Stategreen
ga · 1993 · cited in 2 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Poole, 262 Ga. at 719 ; Banta, 281 Ga. at 616-617 (1); Lindsey, 277 Ga. at 773 (1); Mixon, 226 Ga. at 870 (1). 5.

2024See Poole, 262 Ga. at 719 ; Banta, 281 Ga. at 616-617 (1); Lindsey, 277 Ga. at 773 (1); Mixon, 226 Ga. at 870 . 5.

22
State v. Raybongreen
ga · 1979 · cited in 2 Georgia opinions naming this issue, 2021–2021
2 sentences

2021See also State v. Raybon, 242 Ga. 858, 862 ( 252 SE2d 417 ) (1979) (rejecting the defendant’s facial vagueness challenge to a criminal trespassing statute that implicated no constitutionally protected conduct, in part because the defendant presented no evidence that the statute was vague as applied to him and he did “not have standing to raise the rights of 23 other persons as to whom the statute may have been unconstitutionally applied”).

2021See also State v. Raybon, 242 Ga. 858, 862 ( 252 SE2d 417 ) (1979) (rejecting the defendant’s facial vagueness challenge to a criminal trespassing statute that implicated no constitutionally protected conduct, in part because the defendant presented no evidence that the statute was vague as applied to him and he did “not have standing to raise the rights of 23 other persons as to whom the statute may have been unconstitutionally applied”).

22
Catoosa County v. R.N. Talley Properties, LLCgreen
ga · 2007 · cited in 2 Georgia opinions naming this issue, 2015–2015
2 sentences

2015Talley Properties, 282 Ga. 373, 375 ( 651 SE2d 7 ) (2007). “[W]hen a statute or ordinance does not implicate a substantial amount of constitutionally protected conduct, a facial vagueness challenge will be upheld only if the enactment is impermissibly vague in all of its applications.” (Citations and punctuation omitted.) Id. at 374 .

2015Talley Properties, 282 Ga. 373, 375 ( 651 SE2d 7 ) (2007). “[W]hen a statute or ordinance does not implicate a substantial amount of constitutionally protected conduct, a facial vagueness challenge will be upheld only if the enactment is impermissibly vague in all of its applications.” (Citations and punctuation omitted.) Id. at 374 .

22
JIG Real Estate, LLC v. Countrywide Home Loans, Inc.green
ga · 2011 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013See JIG Real Estate v. Countrywide Home Loans, 289 Ga. 488, 491 (2) ( 712 SE2d 820 ) (2011).

2013See JIG Real Estate v. Countrywide Home Loans, 289 Ga. 488, 491 (2) ( 712 SE2d 820 ) (2011).

22
Mixon v. Stategreen
ga · 1970 · cited in 2 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See Poole, 262 Ga. at 719 ; Banta, 281 Ga. at 616-617 (1); Lindsey, 277 Ga. at 773 (1); Mixon, 226 Ga. at 870 (1). 5.

2024See Poole, 262 Ga. at 719 ; Banta, 281 Ga. at 616-617 (1); Lindsey, 277 Ga. at 773 (1); Mixon, 226 Ga. at 870 . 5.

12
Smallwood v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2026–2026
1 sentence

2026See Smallwood, 310 Ga. at 447 .

11
Sustakovitch v. Stategreen
ga · 1982 · cited in 1 Georgia opinions naming this issue, 2007–2007
2 sentences

2007To the extent that Sustakovitch v. State, 249 Ga. 273, 274 (1) ( 290 SE2d 77 ) (1982) holds otherwise, it is hereby overruled. *375 Decided July 13, 2007 Reconsideration denied September 24, 2007.

2007To the extent that Sustakovitch v. State, 249 Ga. 273, 274 (1) ( 290 SE2d 77 ) (1982) holds otherwise, it is hereby overruled. *375 Decided July 13, 2007 Reconsideration denied September 24, 2007.

11
Roosevelt Fuller, by His Parents, Gretta Fuller and Roosevelt Harris v. Decatur Public School Board of Education School District 61green
ca7 · 2001 · cited in 1 Georgia opinions naming this issue, 2007–2007
1 sentence

2007See also Fuller v. Decatur Public School Bd. of Education School Dist. 61, 251 F3d 662, 667 (7th Cir. 2001).

11
Hoffman Estates v. Flipside, Hoffman Estates, Inc.green
scotus · 1982 · cited in 1 Georgia opinions naming this issue, 2007–2007
1 sentence

2007However, when a statute or ordinance does not implicate a “substantial amount of constitutionally protected conduct,” a facial vagueness challenge will be upheld “only if the enactment is impermissibly vague in all of its applications.” Village of Hoffman Estates v. Flipside, Hoffman Estates, 455 U. S. 489, 494-495 (II) (102 SC 1186, 71 LE2d 362) (1982).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Greater Atlanta Homebuilders Ass'n v. DeKalb County green
ga · 2003
1 sentence

2007Most fundamentally, that analysis begins with standing: Except in the context of protected First Amendment activity, a person seeking a permit will not be heard to complain that the regulation is vague until he has actually sought and been denied the permit. [Cits.] This Court has similarly held that a party lacks standing unless he can show “that the allegedly unconstitutional feature of the statute ... has infringed his rights.” [Cit.] In light of these bedrock principles, our consistent practice has been to address the sufficiency of standards to guide administrative discretion only in appe

12007–2007

Where else courts name it

TX 50 (1987–2025) CA 37 (1985–2024) WA 18 (1990–2025) OR 16 (1982–2022) IL 14 (1987–2024) FL 13 (1994–2018) ID 11 (1986–2024) UT 11 (1990–2022) GA 10 (2007–2026) CT 9 (1994–2026) NJ 7 (1983–2021) OH 7 (1998–2024) CO 7 (1999–2025) NV 6 (1992–2017) IA 5 (1987–2018) NM 5 (2007–2020) MT 3 (1993–2002) WY 3 (2003–2007) MD 3 (2019–2026) WI 3 (1997–2025) NE 3 (1987–2002) MI 2 (1990–2005) NC 2 (2015–2026) PA 2 (2004–2023) HI 2 (2007–2015) MN 2 (1985–2006) VA 2 (2018–2024)

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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