SWINNEY

v.

UNTREINER, SHERIFF, ET AL.

Citator

Cited By

• Trushin v. State, 384 So. 2d 668 (Fla. 3d DCA 1980)
  …ful intent proscribed by the statute.12 See Zalla v. State, 61 So. 2d 649, 651 (Fla.1952). Hence, the vagueness claim must fall. E. g., Sandstrom v. Leader, 370 So. 2d 3, 5-6 (Fla.1979); Swinney v. Untreiner, 272 So. 2d 805 (Fla.1973), cert. denied, 413 U.S. 921, 93 S.Ct. 3064, 37 L.Ed.2d 1043 (1973). 2. Statute not Unconstitutionally Over-broad. The appellant’s far more substantial challenge to § 104.061(2) is that it is facially overbroad13 on the grounds that it criminalizes behavior which is protected…
• State v. Olson, 586 So. 2d 1239 (Fla. 1st DCA 1991)
  …e conduct which forms the basis of this case is unambiguously described by that provision. Hence, the vagueness claim must fall. E.g., Sandstrom v. Leader, 370 So. 2d 3, 5-6 (Fla.1979); Swinney v. Untreiner, 272 So. 2d 805 (Fla.1973), cert. denied, 413 U.S. 921, 93 5.Ct. 3064, 37 L.Ed.2d 1043 (1973); Sexton, Inc. v. City of Vero Beach, 555 So. 2d 444 (Fla. 4th DCA 1990). 2. First Amendment Objections Without Merit The first amendment complaints arising from the defendant’s status as a [*1244] newspaper r…
• United States v. Flaherty, 668 F.2d 566 (1st Cir. 1981)
  …re that the goods were stolen. Cf. United States v. Kilcullen, 546 F. 2d at 442 (bizarreness of transaction one factor indicating defendant’s guilty knowledge); United States v. Marquez, 462 F. 2d 620, 621 (9th Cir. 1972) (per curiam), cert. denied, 413 U.S. 921, 93 S.Ct. 3069, 37 L.Ed.2d 1043 (1973) (defendant’s negotiation of sale of stolen goods one factor demonstrating guilty knowledge). The cases cited by appellants in support of their contention, United States v. Gabriner, 571 F. 2d 48 (1st Cir. 197…