Admissions By A Party Opponent

199 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Love v. State
  971 So. 2d 280· Fla. 4th DCA· 2008-01-09 ·cited 31×
  Robert Love appeals five convictions arising from a traffic stop in Pahokee, claiming the police used the stop as retaliation for his public criticism of their department. The appellate court reversed due to fundamental error in jury instructions and prejudicial evidentiary rulin
• United States v. Salerno
  937 F.2d 797· 2d Cir.· 1991-06-28 ·cited 31×
  The erroneous exclusion of grand jury testimony tainted the entire trial, requiring reversal of all convictions and a new trial for all appealing defendants.
• United States v. Porter
  544 F.2d 936· 8th Cir.· 1976-11-05 ·cited 31×
  The court held that the defendant's extrajudicial statements were admissible as admissions by a party-opponent and that the statutes classifying controlled substances were constitutional as applied to him.
• United States v. Nixon
  777 F.2d 958· 5th Cir.· 1985-12-02 ·cited 30×
  The court affirmed the convictions, finding no reversible error in the government's conduct, evidentiary rulings, jury instructions, or prosecutorial actions.
• Mahlandt v. Wild Canid Survival & Research Ctr., Inc.
  588 F.2d 626· 8th Cir.· 1978-12-11 ·cited 30×
  Statements made by an agent or employee concerning a matter within the scope of their employment are admissible against the principal or employer under Federal Rule of Evidence 801(d)(2)(D), even if not based on personal knowledge.
• United States v. Lilley
  581 F.2d 182· 8th Cir.· 1978-08-09 ·cited 30×
  The court held that the admission of Agent Buchholz's testimony repeating Mr. Lilley's statement was hearsay and not admissible under Fed.R.Evid. 801(d)(2)(B), and that Mr. Lilley's testimony against appellant violated the marital privilege.
• United States v. LAM LEK Chong
  544 F.2d 58· 2d Cir.· 1976-09-27 ·cited 30×
  The court held that the evidence presented at trial established a single conspiracy encompassing the Hong Kong venture and the May 30 delivery, and that any variance from proof of a separate January 30 conspiracy did not prejudice the defendants. The court also found no prosecuto
• United States v. Rouse
  452 F.2d 311· 5th Cir.· 1971-12-22 ·cited 30×
  The court held that the admission of the indictment and the defendant's post-arrest statement were proper, and any ambiguity in the jury instructions was harmless error.
• Cromling v. The Pittsburgh & Lake Erie R.R. Co.
  327 F.2d 142· 3d Cir.· 1963-11-13 ·cited 30×
  The court held that the erroneous admission of a physician's letter and the trial judge's prejudicial conduct towards counsel warranted a new trial.
• United States v. Young
  736 F.2d 565· 10th Cir.· 1983-02-22 ·cited 28×
  The court held that the admission of out-of-court statements by a deceased accountant was proper under the Federal Rules of Evidence, but reversed the conviction due to prosecutorial misconduct during closing arguments.
• United States v. Collins
  652 F.2d 735· 8th Cir.· 1981-06-23 ·cited 28×
  The court held that the trial court did not err in its jury instructions, admission of evidence, or limitations on cross-examination, and that the indictment provided sufficient notice of the charges.
• Moore v. State
  530 So. 2d 61· Fla. 1st DCA· 1988-04-06 ·cited 27×
  James Henry Moore appeals his conviction for aggravated child abuse of his 17-year-old daughter. The appellate court affirmed his conviction but reversed and remanded for resentencing, finding error in the trial court's admission of pretrial exculpatory statements (though harmles
• United States v. Angelos Markopoulos
  848 F.2d 1036· 10th Cir.· 1988-06-02 ·cited 26×
  The court held that while some evidence was improperly admitted and jury instructions were flawed, these errors were harmless and did not warrant reversal of the conspiracy conviction.
• United States v. Kattar
  840 F.2d 118· 1st Cir.· 1988-02-22 ·cited 26×
  The court held that threats of economic harm used to obtain money under an illicit agreement are wrongful under the Hobbs Act, and that the government's presentation of testimony about the Church's reformation did not violate due process.
• United States v. Anderson
  618 F.2d 487· 8th Cir.· 1980-04-03 ·cited 26×
  The court held that the defendant's conviction for mail fraud was proper, as the delivery of checks by IRS agents to post offices constituted a mailing under the statute, and that the trial court did not err in its evidentiary rulings regarding a handwriting expert's report and p
• Swietlowich v. Cnty. OF Bucks & Twp. of Bristol & Harry Merker & Sgt. Stanley Martin & Sgt. Walter Hughes & Patrolman H. J. McDonough
  610 F.2d 1157· 3d Cir.· 1979-12-05 ·cited 26×
  The court held that the jury instructions on the statute of limitations were inadequate because they focused on the alteration of police logs rather than the misleading statements made to the plaintiff, requiring a new trial.
• United States v. King
  472 F.2d 1· 9th Cir.· 1972-08-24 ·cited 26×
  The court held that the introduction of taped conversations made with a consenting informant was permissible under the Fourth Amendment, and that the defendants' rights to counsel and against self-incrimination were not violated. Seized evidence was admissible, and the trial cour
• Atl. Coast Line R.R. Co. v. Turman
  80 Fla. 285· Fla.· 1920-07-12 ·cited 26×
  The Florida Supreme Court reversed a personal injury judgment because the trial court improperly excluded a portion of a letter written by the plaintiff. The excluded portion stated the plaintiff's expectation of receiving $2,000.00 for damages, which the court found relevant to
• Savarese v. Agriss
  883 F.2d 1194· 3d Cir.· 1989-08-31 ·cited 25×
  The Court affirmed the district court's admission of statements made by a deceased party-opponent under Federal Rule of Evidence 801(d)(2)(A). However, the Court vacated the punitive damages award due to ambiguous jury instructions and vacated Savarese's compensatory damage award
• Seas Shipping Co., Inc. v. Commissioner OF Internal Revenue
  371 F.2d 528· 2d Cir.· 1967-01-16 ·cited 24×
  The court affirmed the Tax Court's valuation of stock and its classification of ship 'strapping' costs as capital expenditures.
• Allen v. State
  137 So. 3d 946· Fla.· 2013-07-11 ·cited 22×
  Margaret Allen was convicted of first-degree murder and kidnapping in the death of Wenda Wright and sentenced to death. On direct appeal, the Florida Supreme Court affirmed the convictions and death sentence, finding sufficient evidence of kidnapping and murder, and rejecting All
• Murray Grayson & S. Freightways, Inc. v. Williams
  256 F.2d 61· 10th Cir.· 1958-05-21 ·cited 22×
  The court held that a diagram intended as a fair representation of accident scene facts was admissible, and that an employee's admissions concerning an accident within the scope of employment are admissible against the employer.
• United States v. Wake
  948 F.2d 1422· 5th Cir.· 1991-12-10 ·cited 21×
  The court held that the schoolyard statute applies when a defendant possesses drugs with intent to distribute them somewhere, even if the distribution itself does not occur within the 1,000-foot zone. The court also held that the district court did not err in admitting evidence o
• Castaneda v. Redlands Christian Migrant Ass'n, Inc.
  884 So. 2d 1087· Fla. 4th DCA· 2004-10-20 ·cited 20×
  A daycare center negligently injured a three-year-old child who fell from playground equipment. The trial court erred by refusing to allow plaintiff to introduce employee depositions as admissions without proving witness unavailability. The court held that Florida Rule of Civil P
• United States v. Williams
  837 F.2d 1009· 11th Cir.· 1988-02-17 ·cited 20×
  The court held that the admission of 'yellow sheets' was proper as a party admission, and the restriction on cross-examination did not violate the Confrontation Clause.
• Robinson v. Audi NSU Auto Union Aktienge-Sellschaft & Volkswagen of Am., Inc.
  739 F.2d 1481· 10th Cir.· 1984-07-19 ·cited 20×
  The court held that the exclusion of Volkswagen of America's prior statements regarding fuel tank risks was prejudicial error, requiring reversal and a new trial as to that defendant. However, the exclusion of similar statements as to Audi was proper due to agency timing.
• Sablan v. People OF the Territory OF Guam
  434 F.2d 837· 9th Cir.· 1970-11-17 ·cited 20×
  The court held that the circumstantial evidence was sufficient to sustain the conviction and that the prosecutor's remarks did not constitute reversible error.
• Wilkinson v. Grover
  181 So. 2d 591· Fla. 3d DCA· 1965-12-28 ·cited 20×
  In this automobile collision negligence case, the Florida District Court of Appeal affirmed a jury verdict for defendant Grover, rejecting plaintiff Wilkinson's arguments that a hospital record and physician's testimony regarding plaintiff's statements about the accident were ina
• State Farm Mut. Auto. Ins. Co. v. Porter
  186 F.2d 834· 9th Cir.· 1950-12-21 ·cited 20×
  The court held that there was sufficient evidence of permissive use to create a conflict for the jury to resolve, making it unnecessary to rule on waiver and estoppel.
• Marquis Theatre Corp. v. Condado Mini Cinema
  846 F.2d 86· 1st Cir.· 1988-05-05 ·cited 19×
  The court held that the district court did not abuse its discretion in striking the defendant's pleadings as a sanction for discovery violations, and that the plaintiff presented sufficient evidence of liability and damages, but reversed certain damages awarded for a period when
• Donovan v. Crisostomo
  689 F.2d 869· 9th Cir.· 1982-10-07 ·cited 19×
  The court held that the statute of limitations for FLSA claims commenced when individual employees were named as claimants in the pre-trial order, not when the complaint was filed. It also held that the Secretary of Labor has authority to seek restitution for wage kickbacks that
• Merrick v. Farmers Ins. Grp.
  892 F.2d 1434· 9th Cir.· 1990-01-03 ·cited 18×
  The court held that the district court did not err in granting summary judgment on the failure-to-promote claim and did not commit reversible error in its evidentiary rulings or jury instructions on the retaliatory discharge claim.
• United States v. Hutchins
  818 F.2d 322· 5th Cir.· 1987-05-19 ·cited 18×
  The court affirmed the convictions of James and Philip Hutchins but vacated their sentences, remanding for resentencing under the correct statutory provisions in effect at the time of the offenses.
• Auto-Owners Ins. Co. v. Jensen
  667 F.2d 714· 8th Cir.· 1981-12-29 ·cited 18×
  The court held that the jury instruction incorrectly defined 'expected' damages by equating negligence with non-expected damages, and that the doctrine of reasonable expectations, while applicable in Minnesota, was improperly submitted to the jury as a question of fact. The court
• Shana Barnes v. State
  970 So. 2d 332· Fla.· 2007-11-29 ·cited 17×
  The Florida Supreme Court held that a written transcript of a defendant's prior trial testimony cannot be admitted as an exhibit and provided to a jury during deliberations after being read aloud at trial, because such testimonial evidence would receive undue emphasis and implica
• In re Aircrash IN Bali v. Zinke
  871 F.2d 812· 9th Cir.· 1989-03-27 ·cited 17×
  The court affirmed the jury's verdict, holding that the district court did not err in its jury instructions, remarks, evidentiary rulings, or in informing the jury of the consequences of their findings regarding the Warsaw Convention.
• United States v. Nolan
  910 F.2d 1553· 7th Cir.· 1990-08-24 ·cited 16×
  The court agrees with the majority's analysis but suggests further scrutiny of the admission of "bad acts" testimony.
• Robinson v. Volkswagen OF Am., Inc.
  803 F.2d 572· 10th Cir.· 1986-10-14 ·cited 16×
  The district court correctly granted summary judgment for the defendant importer based on a subsequent change in Oklahoma law, as the jury's prior verdict for the manufacturer implicitly found the car was not defective.
• Sorenson v. The Nat'l Transp. Safety Bd. & Charles E. Weithoner
  684 F.2d 683· 10th Cir.· 1982-07-28 ·cited 16×
  The court held that the National Transportation Safety Board's findings were supported by substantial evidence and that the administrative hearing complied with due process requirements, affirming the revocation of the pilot's certificate.
• Nat'l Labor Relations Bd. v. Nat'l CAR Rental Sys., Inc.
  672 F.2d 1182· 3d Cir.· 1982-02-18 ·cited 16×
  The court held that the Board abused its discretion in issuing a bargaining order and erred in reversing the ALJ's finding that the union waived its right to bargain over the effects of the facility transfer.
• Calhoun v. Baylor
  646 F.2d 1158· 6th Cir.· 1981-04-08 ·cited 16×
  The court held that the evidence was sufficient to support the jury's finding of actual fraud and that the trial court did not commit reversible error in its evidentiary rulings or jury instructions.
• United States v. Lobo
  516 F.2d 883· 2d Cir.· 1975-05-14 ·cited 16×
  The court held that a codefendant's flight from trial does not violate Bruton v. United States if the flight does not directly inculpate the remaining defendant.
• Emil Perzinski v. Chevron Chem. Co.
  503 F.2d 654· 7th Cir.· 1974-09-19 ·cited 16×
  Statements by a corporate agent concerning a matter within the scope of their employment are admissible as admissions against the party-opponent, even if the agent lacks specific authority to speak on liability. A violation of a statute regulating pesticide distribution constitut
• Pollack v. Metro. Life Ins. Co.
  138 F.2d 123· 3d Cir.· 1943-09-13 ·cited 16×
  Hospital records are not admissible under 28 U.S.C.A. § 695 to prove the date of a patient's birth if the information's trustworthiness is not guaranteed. A birth certificate is also not admissible under the same statute to prove a parent's age.
• Reynoso v. Greynolds Park Manor, Inc.
  659 So. 2d 1156· Fla. 3d DCA· 1995-08-10 ·cited 15×
  The court held that Florida Rule of Professional Conduct 4-4.2 does not prohibit an attorney from communicating ex parte with former employees of a corporate party.
• OKI Am., Inc. v. Microtech Int'l, Inc.
  872 F.2d 312· 9th Cir.· 1989-04-07 ·cited 14×
  The court held that a party's inconsistent affirmative defenses or statements about contract terms do not constitute a denial of the existence of the contract for the purposes of a bad faith denial claim.
• Town OF E. Troy v. SOO Line R.R. Co.
  653 F.2d 1123· 7th Cir.· 1980-10-08 ·cited 14×
  The court held that the Town had standing to bring a public nuisance action to recover expenses incurred in remedying a groundwater pollution problem caused by the railroad's negligence, and that the receipt of a federal grant did not preclude recovery.
• United States v. Costanzo
  581 F.2d 28· 2d Cir.· 1978-07-11 ·cited 14×
  The court held that the government's net worth method of proof was sufficient to establish tax evasion, and evidentiary rulings were not prejudicial.
• Henderson v. State
  135 So. 3d 472· Fla. 2d DCA· 2014-03-21 ·cited 13×
  Christopher Henderson was convicted of second-degree murder for stabbing Corey Burdette. On appeal, the Florida District Court of Appeal, Second District reversed and remanded for a new trial because the trial court erroneously admitted double hearsay testimony that Henderson thr
• United States v. Ramirez
  894 F.2d 565· 2d Cir.· 1990-01-24 ·cited 13×
  The court affirmed convictions, holding that similar act evidence was properly admitted, hearsay was correctly excluded, and the jury instruction on flight was adequate.