Aider And Abettor Liability

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

• Herpich v. Wallace
  430 F.2d 792· 5th Cir.· 1970-07-14 ·cited 174×
  Minority shareholders have stated a claim for relief under federal securities laws, entitling them to challenge the sale of their corporation's control in federal court.
• Downing v. United States
  348 F.2d 594· 5th Cir.· 1965-07-12 ·cited 94×
  The court held that the trial court had proper venue for a conspiracy charge when overt acts occurred within the district, even if the defendant did not personally commit them there. It also found the indictment sufficient and the trial court did not abuse its discretion in evide
• United States v. Shuford
  454 F.2d 772· 4th Cir.· 1971-12-23 ·cited 86×
  The denial of a motion to sever was not an abuse of discretion, as the trial court offered sufficient protection to prevent prejudice to the defendant seeking severance.
• United States v. Soto
  591 F.2d 1091· 5th Cir.· 1979-03-22 ·cited 75×
  The court held that while evidence was sufficient for possession convictions, it was insufficient for importation convictions for some appellants and all convictions for two others. Motions to suppress were properly denied, and marijuana samples were admissible.
• United States v. Chiantese
  582 F.2d 974· 5th Cir.· 1978-10-27 ·cited 74×
  The court held that the use of the 'Mann instruction' did not require reversal because curative instructions sufficiently clarified the burden of proof, and the juror's remarks did not constitute reversible error. The evidence was also sufficient to support the convictions.
• United States v. North
  910 F.2d 843· D.C. Cir.· 1990-07-20 ·cited 69×
  The court, in a dissenting opinion, argues that the trial court committed reversible error regarding prosecutorial misconduct during closing arguments and violations of the Classified Information Procedures Act (CIPA).
• Marbury Mgmt., Inc. v. Kohn
  629 F.2d 705· 2d Cir.· 1980-04-21 ·cited 64×
  The dissent argues that the majority's decision abandons traditional causation principles for fraud claims under federal securities acts, allowing recovery where the injury is not directly caused by the alleged wrong.
• United States v. McCARTHY
  473 F.2d 300· 2d Cir.· 1972-12-08 ·cited 60×
  The court held that evidence of participation in hijacking was admissible to prove knowledge of stolen goods, prosecutorial comments on a defendant's failure to display a tattoo were harmless error, arrests were supported by probable cause, jury instructions on possession were ad
• Tony Legatos (True Name Antonio Legatos) and John Glynn v. United States
  222 F.2d 678· 9th Cir.· 1955-05-12 ·cited 56×
  The court held that the jury instructions on willful intent were proper when considered as a whole, but reversed Glynn's conviction due to insufficient evidence.
• United States v. Castro
  629 F.2d 456· 7th Cir.· 1980-07-17 ·cited 54×
  The court held that the second trial for conspiracy violated the Fifth Amendment's double jeopardy clause because it charged the same conspiracy as the first trial, rendering the conviction void.
• A.B.G. v. State
  586 So. 2d 445· Fla. 1st DCA· 1991-09-18 ·cited 52×
  Where circumstantial evidence shows an accused stood in close proximity to perpetrators, engaged in conversation with them, and demonstrated a deliberate pattern of conduct both before and after the crime, a jury may infer intent to participate in the theft as an aider and abetto
• Marvyn Gould v. American-Hawaiian S.S. Co.
  535 F.2d 761· 3d Cir.· 1976-04-08 ·cited 52×
  The court held that the defendant was entitled to a trial on issues of materiality and negligence, and summary judgment was inappropriate.
• United States v. Coppola
  526 F.2d 764· 10th Cir.· 1975-12-08 ·cited 48×
  The court held that hearsay statements of a co-defendant, when adopted by the defendant, are admissible as party admissions, and that evidence of other crimes is admissible to prove motive.
• Healey v. Catalyst Recovery OF Pa., Inc.
  616 F.2d 641· 3d Cir.· 1980-01-29 ·cited 47×
  The court held that a person selling securities in a merger, who opposes it and alleges nondisclosure, does not have a federal claim under § 10(b) and Rule 10b-5 if state appraisal remedies exist and the vote was not necessary for the merger.
• A. Y. G. v. State
  414 So. 2d 1158· Fla. 3d DCA· 1982-06-08 ·cited 46×
  A juvenile was adjudicated delinquent for burglary based on circumstantial evidence that she drove the getaway car after two males robbed a store. The court reversed, holding that the evidence was insufficient to establish the requisite intent to participate in the burglary as an
• United States v. Higginbotham
  539 F.2d 17· 9th Cir.· 1976-07-19 ·cited 45×
  The court held that the appellant's constitutional rights were preserved, and the conviction was affirmed.
• Chaney v. Brown
  730 F.2d 1334· 10th Cir.· 1984-03-21 ·cited 43×
  The court held that the withheld exculpatory evidence, while not affecting the murder conviction, might have influenced the jury's decision to impose the death penalty, thus violating due process.
• Isadore Hodges, Jr. v. Rose
  570 F.2d 643· 6th Cir.· 1978-02-14 ·cited 42×
  The admission of one defendant's redacted confession, which still implicitly implicated the codefendant, violated the Bruton rule, but the error was harmless beyond a reasonable doubt due to overwhelming independent evidence of guilt.
• United States v. Gower
  447 F.2d 187· 5th Cir.· 1971-06-01 ·cited 42×
  The court held that the defendant's various contentions regarding the grand jury process, continuance denial, pre-trial motions, juror qualification, judicial conduct, sufficiency of evidence, and variance between indictment and proof were without merit.
• United States v. McCAMBRIDGE
  551 F.2d 865· 1st Cir.· 1977-03-23 ·cited 38×
  The court held that the denial of the motion to suppress was proper, as the arrest was valid and the subsequent search and seizure of evidence were justified. The court also affirmed the conviction, finding no merit in the claims regarding trial fairness, sufficiency of evidence,
• The United States v. Oquendo
  505 F.2d 1307· 5th Cir.· 1975-01-06 ·cited 38×
  The court held that the evidence was sufficient to support a guilty verdict and that the defendant's arguments regarding the source of the drugs, his role as a purchasing agent, and the informant's payment were without merit.
• Sirota v. Solitron Devices, Inc.
  673 F.2d 566· 2d Cir.· 1982-02-19 ·cited 37×
  The court held that the district court erred in granting judgment notwithstanding the verdict for Sternbach, finding sufficient evidence for a jury to infer actual knowledge of fraud. The court also reversed the damage award and remanded for redetermination.
• Pigman v. United States
  407 F.2d 237· 8th Cir.· 1969-03-04 ·cited 36×
  The court held that the evidence was sufficient to sustain the defendant's conviction for interstate transportation of stolen goods and a stolen vehicle, even though the alleged principal was dismissed due to insufficient evidence.
• Sec. & Exch. Comm'n v. Savoy Indus., Inc.
  587 F.2d 1149· D.C. Cir.· 1978-07-14 ·cited 35×
  The court held that the district court did not abuse its discretion in denying the motion to transfer the case, and that the district court's findings of securities law violations were not clearly erroneous.
• United States v. Valona
  834 F.2d 1334· 7th Cir.· 1987-11-20 ·cited 34×
  The court affirmed the conviction, finding no due process violation from pre-indictment delay, no error in denying discovery of the informant's record, and no outrageous government conduct.
• K. W. U. v. State
  367 So. 2d 647· Fla. 3d DCA· 1979-01-23 ·cited 34×
• United States v. Torres
  809 F.2d 429· 7th Cir.· 1987-01-15 ·cited 33×
  The court held that while a prosecutor's invocation of his oath was improper, it did not deprive the defendant of a fair trial, and the invited response doctrine was not applicable.
• United States v. Leavitt
  878 F.2d 1329· 11th Cir.· 1989-08-03 ·cited 29×
  The court affirmed the convictions of all eight defendants, finding sufficient evidence to support their involvement in the drug importation scheme and rejecting their various challenges to the sufficiency of the evidence and evidentiary rulings.
• Sec. & Exch. Comm'n v. The Seaboard Corp.
  677 F.2d 1289· 9th Cir.· 1982-05-24 ·cited 29×
  The court held that material issues of fact exist regarding the statute of limitations and Jones' scienter for the § 12(2), § 10(b), and common law fraud claims, requiring reversal of summary judgment.
• United States v. McGUIRE
  608 F.2d 1028· 5th Cir.· 1979-12-26 ·cited 28×
  The court held that McGuire's severance and hearsay objections were properly denied, and Rivera's conviction for conspiracy was supported by sufficient evidence, but his convictions for distribution and possession were not.
• United States v. Mahlon Joseph Steward
  451 F.2d 1203· 2d Cir.· 1971-11-29 ·cited 28×
  The court held that Sands's conviction for federal narcotics offenses must be set aside due to insufficient proof of knowledge of importation and possession.
• State v. Booker
  529 So. 2d 1239· Fla. 1st DCA· 1988-08-12 ·cited 27×
  Florida appealed the dismissal of robbery and theft charges against Bruce Booker. The trial court granted Booker's motion to dismiss, but the appellate court reversed, holding that the state adequately traversed the motion by alleging facts showing Booker aided and abetted the ro
• Ruffin v. State
  420 So. 2d 591· Fla.· 1982-09-29 ·cited 27×
  Mack Ruffin appeals the trial court's denial of his motions to vacate his death sentence for the murder of Karol Hurst, challenging claims of ineffective assistance of counsel, improper consideration of aggravating circumstances, and constitutional defects in Florida's death pena
• Sarame Raynolds Strong v. William H. G. France & the Nat'l Ass'n for Stock Car Auto Racing
  474 F.2d 747· 9th Cir.· 1973-02-28 ·cited 27×
  The court held that the defendants' actions were too remote from the plaintiff's alleged damages to establish liability under federal securities laws, and summary judgment was appropriate.
• Evans v. State
  643 So. 2d 1204· Fla. 1st DCA· 1994-10-24 ·cited 26×
  Evidence is legally insufficient to support conviction for aiding and abetting when the defendant's uncontradicted statement establishes he was present at the scene but did not provide aid, encouragement, or incitement to the principal offenders, and the state fails to present ev
• United States v. Christian
  505 F.2d 94· 5th Cir.· 1974-12-13 ·cited 26×
  The court held that the evidence was sufficient to sustain the convictions for importing and possessing marihuana with intent to distribute, and that the appellants' navigational course did not invalidate the importation charge.
• United States v. Candoli
  870 F.2d 496· 9th Cir.· 1989-03-13 ·cited 24×
  The court held that the evidence was insufficient to sustain the attempted arson conviction, but affirmed the remaining convictions, finding no reversible error in the other evidentiary rulings or jury instructions.
• DCD Programs, Ltd. v. Leighton
  833 F.2d 183· 9th Cir.· 1987-11-27 ·cited 20×
  The court held that the district court abused its discretion by denying leave to amend the complaint without providing a justifying reason, as such denial is inconsistent with the spirit of the Federal Rules of Civil Procedure.
• United States v. Nunez
  483 F.2d 453· 9th Cir.· 1973-08-03 ·cited 20×
  The court held that there was sufficient evidence to support the defendant's conviction for conspiracy and substantive counts of importing and possessing marijuana, and that the admission of co-conspirator statements did not violate the Confrontation Clause.
• Cotton v. United States
  409 F.2d 1049· 10th Cir.· 1969-04-16 ·cited 20×
  The court held that the evidence was insufficient to support the conviction for intimidating a witness, reversing that conviction, but affirmed all other convictions.
• Cross v. United States
  354 F.2d 512· D.C. Cir.· 1965-11-29 ·cited 20×
  The court held that a remand is appropriate for the trial court to reconsider whether to sua sponte interpose an insanity defense, given the discretion established in Whalem v. United States.
• T.S. v. State
  675 So. 2d 196· Fla. 4th DCA· 1996-05-29 ·cited 19×
  T.S., a juvenile, was charged with burglary of a conveyance and auto theft after he and a companion broke into a car in a condominium parking lot. The trial court withheld adjudication on both charges. The appellate court affirmed the burglary conviction under aiding and abetting
• Schneberger v. Wheeler
  859 F.2d 1477· 11th Cir.· 1988-11-10 ·cited 18×
  The court held that appellants failed to present sufficient evidence to raise a genuine issue of material fact regarding U.S. Trust's liability under securities laws or commercial paper claims, and that U.S. Trust was a holder in due course.
• United States v. Lowell J. Bavers
  787 F.2d 1022· 6th Cir.· 1985-12-23 ·cited 18×
  The court held that there was sufficient evidence to support the convictions for conspiracy and mail fraud, and that the defendants' various procedural and evidentiary claims did not warrant a new trial or acquittal.
• Fred Lowenschuss for Fred Lowenschuss Assocs. Pension Plan v. Kane
  520 F.2d 255· 2d Cir.· 1975-05-27 ·cited 18×
  The court held that genuine issues of material fact existed regarding both the breach of contract and Williams Act claims, precluding summary judgment for the defendants. The court also found that the complaint sufficiently stated causes of action for breach of contract and under
• Quincy McGEE v. State
  792 So. 2d 624· Fla. 4th DCA· 2001-08-22 ·cited 17×
  Quincy McGee was convicted of second-degree murder as an aider and abettor to a felony-murder committed by his co-defendant Damien Daley. The Florida District Court of Appeal reversed the conviction, holding that the trial court erred by denying McGee's requested jury instruction
• United States v. Lucas
  932 F.2d 1210· 8th Cir.· 1991-04-26 ·cited 17×
  The court affirmed convictions and sentences, except for specific sentencing enhancements on certain counts, which were vacated and remanded for resentencing.
• First Interstate Bank OF Denver, N.A. v. Pring
  969 F.2d 891· 10th Cir.· 1992-07-08 ·cited 16×
  The court held that a plaintiff need not prove a defendant's actual participation in a primary securities violation to establish controlling person liability under § 20(a), and that silence and inaction can constitute substantial assistance for aider-and-abettor liability if acco
• United States v. Hayes
  827 F.2d 469· 9th Cir.· 1987-09-03 ·cited 16×
  The court held that the appellant's conviction for conspiracy to violate currency transaction reporting requirements was valid because the transactions, even if broken into smaller amounts, were part of a single scheme with a complicit banker to evade reporting.
• United States v. Precision Med. Labs., Inc.
  593 F.2d 434· 2d Cir.· 1978-12-21 ·cited 16×
  The court held that there was sufficient evidence to sustain the convictions and that the jury charge was free of reversible error.