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349 F.2d 20·
6th Cir.·
1965-07-29
·cited 203×
The court held that the "suggester system" for jury selection is not per se invalid and that the defendants failed to make a sufficient showing of discrimination to warrant a full investigation into the grand jury's composition. The court also held that the informant's testimony
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453 So. 2d 786·
Fla.·
1984-05-24
·cited 103×
Davidson James was convicted of first-degree murder, attempted murder, and armed robbery for his role as an accomplice in a 1981 robbery and killing. The Florida Supreme Court affirmed his conviction and death sentence, rejecting challenges to jury instructions on the Enmund doct
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382 F.2d 998·
10th Cir.·
1967-09-18
·cited 76×
The court held that the evidence was sufficient to support the jury's verdict and that the trial court did not err in its rulings regarding jury instructions, admission of evidence, or venue.
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580 F.2d 317·
8th Cir.·
1978-07-14
·cited 61×
The court held that the defendants knowingly and intelligently waived any conflict of interest arising from joint representation, and even without waiver, they failed to demonstrate an actual conflict. The court also found sufficient evidence to support one defendant's conviction
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255 F.2d 389·
8th Cir.·
1958-05-20
·cited 55×
The court held that the definition of 'burglary' under the Federal Firearms Act includes state-defined burglaries, even if broader than common law, and that evidence obtained from an illegal search by state officers is admissible if no federal officer participated.
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410 F.2d 513·
5th Cir.·
1969-04-30
·cited 54×
The court held that the evidence was insufficient to support the jury's verdict of guilty for interstate transportation of a stolen motor vehicle.
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263 F.2d 582·
3d Cir.·
1959-02-20
·cited 48×
The court held that the circumstantial evidence was sufficient to sustain the jury's verdict of guilty on all counts of conspiracy and substantive offenses.
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484 F.2d 655·
7th Cir.·
1973-07-25
·cited 40×
The court held that the evidence was sufficient to support the convictions for securities fraud and mail fraud, and that various procedural and evidentiary challenges raised by the defendants lacked merit.
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560 So. 2d 1231·
Fla. 5th DCA·
1990-04-05
·cited 38×
Davis was convicted of both possession and delivery of crack cocaine based on a single transaction. The court affirmed both convictions, holding that possession is not a lesser included offense of delivery under Florida law, and rejecting Davis's double jeopardy challenge based o
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441 F.2d 922·
7th Cir.·
1971-04-12
·cited 30×
The court held that the defendant was not subjected to double jeopardy, the evidence was sufficient to support his conviction, and the search warrant was validly issued and executed.
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757 F.2d 27·
2d Cir.·
1985-03-06
·cited 20×
The court affirmed the defendant's conviction on Count Five, finding he acted as the principal in the drug transaction. The court also denied the appellant's petition for rehearing on Count One.
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407 F.2d 53·
3d Cir.·
1969-02-04
·cited 18×
The court held that the evidence did not support a claim of withdrawal from the conspiracy, and therefore, the trial court did not err in failing to instruct the jury on withdrawal or in admitting co-conspirator statements. However, the sentences were technically improper due to
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200 F.2d 344·
7th Cir.·
1952-12-19
·cited 16×
The court held that there was insufficient evidence to sustain a conspiracy conviction because the overt acts occurred after the alleged conspiracy had terminated and the defendant denied knowledge of the underlying crimes.
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671 F.2d 396·
10th Cir.·
1982-02-18
·cited 14×
The court held that the evidence was insufficient to prove that the gambling business involved five or more persons who conducted, financed, managed, supervised, directed, or owned it, as required by 18 U.S.C. § 1955.
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449 F.2d 485·
5th Cir.·
1971-09-24
·cited 12×
The court held that the evidence was insufficient to support convictions under 26 U.S.C. § 4704(a) because the government failed to prove the purchase, sale, dispensing, or distribution of cocaine without the aid of an invalidated presumption.
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331 So. 2d 366·
Fla. 3d DCA·
1976-05-04
·cited 10×
Two juvenile appellants were adjudicated delinquent for assault violations arising from an incident where they attacked a victim. The appellate court affirmed the delinquency findings, holding that a stick qualifies as a deadly weapon when used to knock a victim to the ground, an
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435 So. 2d 902·
Fla. 1st DCA·
1983-07-18
·cited 8×
Four appellants convicted of possession of marijuana in excess of 20 grams challenged their convictions on multiple grounds, including alleged invalidity of the search warrant, improper exhibition of excluded evidence to the jury, identification testimony errors, and insufficient
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701 F.2d 53·
6th Cir.·
1983-03-04
·cited 8×
A person who regularly and consistently performs duties that aid an illegal gambling operation, even if not strictly necessary, is subject to prosecution under 18 U.S.C. § 1955.
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458 F.2d 1189·
10th Cir.·
1972-04-12
·cited 8×
The court held that the evidence was sufficient to support the conviction for transporting forged securities and that the defendant's Sixth Amendment right to a speedy trial was not violated.
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419 F.2d 1177·
D.C. Cir.·
1969-11-10
·cited 8×
The court held that the D.C. anti-riot statute is not unconstitutionally vague and that a person can be found to have "engaged in" a riot by looting property known to be stolen during the disturbance, thereby aiding and abetting the riot.
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339 F.2d 188·
10th Cir.·
1964-12-01
·cited 8×
The court held that an indictment's sufficiency, when it clearly endeavors to charge an offense under a statute and the court has jurisdiction, cannot be collaterally attacked via a motion to vacate sentence under 28 U.S.C.A. § 2255.
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432 F.2d 431·
4th Cir.·
1970-10-13
·cited 4×
The court held that the conviction on the second count, based on an invalidated statutory presumption, cannot stand and requires a new trial.
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130 F.2d 561·
7th Cir.·
1942-07-23
·cited 4×
The court held that the evidence was sufficient to establish the defendant's guilt, and it was for the jury to determine if the evidence was equally consistent with innocence or guilt.
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353 So. 2d 608·
Fla. 4th DCA·
1977-12-20
·cited 1×
The court held that the failure to instruct the jury on lesser-included offenses of aggravated assault and assault was reversible error, even if the defendant was charged as a principal.
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218 F.2d 157·
2d Cir.·
1954-12-29
·cited 1×
The court held that a defendant who successfully obtains a dismissal of charges against him has no standing to appeal the dismissal order.
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495 So. 2d 1230·
Fla. 5th DCA·
1986-10-16
A daughter-in-law was seriously burned when her brother-in-law negligently used lighter fluid on a cooking fire, allegedly at the father's suggestion. The trial court granted summary judgment for the parents, and the appellate court affirmed, holding that a mere suggestion to tak
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390 F.2d 346·
9th Cir.·
1968-02-28
The court held that the warrantless arrests of both appellants were based on probable cause, making the subsequent searches and seizures valid.