MURPHY

v.

UNITED STATES

Citator

Cited By

• State v. Fuchs, 769 So. 2d 1006 (Fla. 2000)
  …rdinary persons are not left to guess at the statute’s meaning or differ as to its application. Bouters v. State 659 So. 2d 235, 238 (Fla.), quoting Connally v. General Constr. Co., 269 U.S. 385, 391, 46 S.Ct. 126, 70 L.Ed. 322 (1926), cert. denied, 516 U.S. 894, 116 S.Ct. 245, 133 L.Ed.2d 171 (1995). Id. The district court’s reliance on Bouters is misplaced. Bouters simply notes that a “restriction is vague if it ‘either forbids or requires the doing of an act in terms so vague that men of common intelli…
• DOE v. Mortham, 708 So. 2d 929 (Fla. 1998)
  …tial amount of constitutionally protected conduct.’ ” Bouters v. State, 659 So. 2d 235, 237 (Fla.) (quoting Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494, 102 S.Ct. 1186, 1191, 71 L.Ed.2d 362 (1982)), cert. denied, 516 U.S. 894, 116 S.Ct. 245, 133 L.E.2d 171 (1995). I believe the majority reaches this result from too narrowly reading the United States Supreme Court’s opinions in Buckley and McIntyre. The majority concludes that is “illogical” to interpret Florida sections…
• Biggs v. Elliot, 707 So. 2d 1202 (Fla. 4th DCA 1998)
  …as to permit the issuance of an injunction under section 741.30, Florida Statutes (1995). Section 784.048 has been upheld as constitutional against challenges of overbreadth and vagueness. See Bouters v. State, 659 So. 2d 235 (Fla.), cert. denied, 516 U.S. 894, 116 S.Ct. 245, 133 L.Ed.2d 171 (1995). Whether the conduct meets the statutory requirement is a question of fact for the trier of fact. In this case, we cannot conclude that the court was clearly erroneous in concluding that it did. WARNER, POLEN…