3,842 Florida cases classified under this topic, plus 164 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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565 F.2d 831·
2d Cir.·
1977-11-15
·cited 42×
The court held that the district court erred by allowing prejudicial information about a witness's stabbing to be disclosed to the jury venire and by refusing to poll the jury about exposure to prejudicial newspaper articles during the trial.
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547 F.2d 1264·
5th Cir.·
1977-03-04
·cited 42×
The court held that the evidence admitted was relevant, the jury charge was not plain error, and there was sufficient evidence to support the conviction for aiding and abetting.
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546 F.2d 1378·
10th Cir.·
1976-12-27
·cited 42×
The court held that a presentence investigation report is not a 'statement' producible under the Jencks Act and that the procedure of calling witnesses who invoke the Fifth Amendment before granting immunity is permissible. The court also affirmed the finding of competent counsel
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529 F.2d 559·
6th Cir.·
1976-02-10
·cited 42×
A defendant cannot receive separate punishments for a conspiracy charge and substantive bribery offenses when the proof for the substantive offenses necessarily includes all elements of the conspiracy.
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502 F.2d 1056·
7th Cir.·
1974-08-15
·cited 42×
The court held that the evidence was insufficient to convict the defendant on mail fraud counts occurring before his knowing participation in the scheme, but sufficient for the count of transporting stolen securities in interstate commerce.
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488 F.2d 645·
5th Cir.·
1974-01-18
·cited 42×
The court held that there was insufficient evidence to support the conspiracy convictions for both appellants, but affirmed James E. Peterson's conviction on the substantive offenses.
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452 F.2d 533·
7th Cir.·
1971-10-06
·cited 42×
The court affirmed the convictions of Cassell and Rice, finding no reversible error, but reversed Jackson's conviction due to the improper admission of his confession and handwriting exemplar obtained in violation of Miranda.
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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.
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447 F.2d 85·
5th Cir.·
1971-05-28
·cited 42×
The court held that the evidence was insufficient to support a conviction for aiding and abetting a post office break-in.
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428 F.2d 178·
5th Cir.·
1970-04-20
·cited 42×
The court held that the discovery of unintroduced cash by the jury during deliberations constituted reversible error because it could not be affirmatively shown that the error was not prejudicial.
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424 F.2d 63·
2d Cir.·
1970-03-25
·cited 42×
The court held that the preliminary injunction against North American, White, and Bowman was properly granted, but the refusal to enjoin Dillman, Blumberg, Orenzoff, and Lars Hagglof & Co. was vacated and remanded.
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421 F.2d 924·
6th Cir.·
1970-01-20
·cited 42×
The court held that the circumstantial evidence was sufficient to sustain the convictions for bank robbery, aiding and abetting, and conspiracy against both defendants.
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398 F.2d 464·
7th Cir.·
1968-07-12
·cited 42×
The court held that the evidence was sufficient to support the jury's verdict and that the trial court did not commit reversible error in its jury instructions or rulings on evidence.
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394 F.2d 49·
9th Cir.·
1968-04-09
·cited 42×
The court held that the evidence was sufficient to support the convictions for conspiracy and aiding and abetting importation of narcotics, and that the trial court did not err in admitting testimony or in its jury instructions.
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206 So. 2d 426·
Fla. 3d DCA·
1968-01-30
·cited 42×
Cecil George Woodside, Jr. was convicted of rape along with six other defendants tried jointly. He was sentenced to life imprisonment after a jury verdict, and appealed on five grounds including prosecutorial misconduct, jury instructions on aiding and abetting, trial court comme
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398 F.2d 531·
5th Cir.·
1967-09-22
·cited 42×
The court denied the petition for rehearing, affirming its prior decision to reverse the conviction under Count Two.
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359 F.2d 592·
3d Cir.·
1966-04-28
·cited 42×
The court held that the evidence was sufficient to convict the appellant of aiding and abetting the passing of counterfeit bills and that the suppression of evidence was properly denied.
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354 F.2d 780·
2d Cir.·
1965-12-15
·cited 42×
The court held that the trial judge's modified Allen charge, while borderline coercive, was saved by disclaimers and willingness to accept any verdict, and that other claims of error lacked merit.
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349 F.2d 166·
1st Cir.·
1965-07-15
·cited 42×
The evidence was insufficient to support the jury's verdict that the bank manager willfully misapplied bank funds, a necessary predicate for convicting the defendant of aiding and abetting.
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118 So. 2d 569·
Fla. 2d DCA·
1960-02-19
·cited 42×
Russell Chaudoin was convicted of maliciously breaking down a gate belonging to another. On appeal, he challenged the sufficiency of evidence and the admissibility of surveyor testimony regarding venue. The court affirmed, holding that Chaudoin could be convicted as a principal i
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175 F.2d 384·
8th Cir.·
1949-06-21
·cited 42×
The court held that the evidence was sufficient to support the jury's verdict of conviction under the Mann Act, and that the trial court did not err in admitting evidence or in its jury instructions.
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901 F.2d 624·
7th Cir.·
1990-05-07
·cited 41×
The court held that the complaint failed to plead fraud with the particularity required by Rule 9(b) and lacked sufficient allegations of scienter and duty for aiding and abetting claims.
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892 F.2d 223·
2d Cir.·
1989-12-21
·cited 41×
The court affirmed the convictions but remanded for further findings and reconsideration of the sentences imposed.
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888 F.2d 1100·
6th Cir.·
1989-11-02
·cited 41×
The court held that the evidence was sufficient to convict the appellant of aiding and abetting possession with intent to distribute cocaine, that cross-examination of an alibi witness regarding prior kidnapping charges was permissible for impeachment, and that the dual sentencin
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872 F.2d 1444·
10th Cir.·
1989-04-19
·cited 41×
A warrantless arrest conducted by surrounding a home with armed officers and coercing the occupant to exit violates the Fourth Amendment, and evidence obtained thereafter is tainted unless sufficiently attenuated.
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504 So. 2d 9·
Fla. 2d DCA·
1986-12-30
·cited 41×
Francis Valdez was convicted of second-degree grand theft as an aider and abettor after driving a vehicle from which a woman exited with stolen merchandise. The Florida District Court of Appeal reversed, holding that the state failed to prove the specific intent required for aidi
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790 F.2d 1450·
9th Cir.·
1986-06-03
·cited 41×
The dissent argues that the trial court's findings were clearly erroneous and that Rogers aided and abetted securities fraud.
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774 F.2d 945·
9th Cir.·
1985-10-21
·cited 41×
The court held that the district court did not err in denying severance motions, admitting statements as adoptive admissions, refusing to allow cross-examination on a prior burglary, denying motions for mistrial, or refusing to dismiss charges based on alleged misrepresentation i
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722 F.2d 96·
5th Cir.·
1983-12-12
·cited 41×
The court held that the totality of circumstances, including an informant's tip and corroborating surveillance, established probable cause for the warrantless search of the vehicle, and that post-arrest statements were admissible.
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674 F.2d 848·
11th Cir.·
1982-04-30
·cited 41×
The court affirmed the convictions of both appellants, finding no merit in their challenges to the Fourth Amendment issues, sufficiency of evidence, or trial conduct.
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560 F.2d 601·
3d Cir.·
1977-08-11
·cited 41×
The court held that sufficient evidence supported the conspiracy conviction, but the district court erred in granting acquittal on the substantive counts for illegal exportation. The court also dismissed the defendants' cross-appeals.
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417 F.2d 1009·
4th Cir.·
1969-10-15
·cited 41×
The court affirmed the convictions but remanded for reconsideration of sentences, holding that while subsequent misconduct can inform sentencing, a judge cannot penalize defendants for offenses of which they were not convicted.
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409 F.2d 1046·
10th Cir.·
1969-03-11
·cited 41×
The court held that alleged errors, including the admission of testimony about unrelated crimes and the trial judge's questioning, did not constitute plain error affecting substantial rights and did not deny the defendant a fair trial.
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222 F.2d 875·
3d Cir.·
1955-06-07
·cited 41×
An indictment charging aiding and abetting a bank officer's willful misapplication of funds is insufficient if it does not allege the essential elements of the underlying offense, including the bank officer's wrongdoing.
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205 F.2d 480·
2d Cir.·
1953-06-15
·cited 41×
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88 Fla. 461·
Fla.·
1924-12-16
·cited 41×
Neal Johnson was convicted of first-degree murder in the killing of Mary Pierson, but the Florida Supreme Court reversed and granted a new trial because the State Attorney made prejudicial statements calling the defendant a "brute" and alluding to bestiality during closing argume
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906 F.2d 1456·
10th Cir.·
1990-06-28
·cited 40×
The court held that denying a defendant a reduction for acceptance of responsibility based on their silence during a presentence interview does not violate the Fifth Amendment, and that disparate sentences between co-defendants are permissible if they are not similarly situated.
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869 F.2d 9·
1st Cir.·
1989-03-06
·cited 40×
The court held that the evidence was sufficient to sustain the convictions and that the trial court did not err in admitting evidence of the marijuana's street value.
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864 F.2d 257·
2d Cir.·
1988-12-23
·cited 40×
An aiding and abetting offense can serve as a predicate for the continuing criminal enterprise statute if the defendant is a "kingpin."
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859 F.2d 585·
8th Cir.·
1988-10-14
·cited 40×
The admission of the defendant's prior conviction for possessing stolen bank money was prejudicial error because it was not relevant to any material issue other than propensity, thus requiring reversal and a new trial.
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847 F.2d 149·
5th Cir.·
1988-06-02
·cited 40×
The court clarified its prior opinion, correcting misleading language regarding double jeopardy vacaturs for certain counts of conspiracy to import and possess.
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794 F.2d 506·
9th Cir.·
1986-07-14
·cited 40×
The court held that the defendant could not be convicted of aiding and abetting, conspiring to violate, or causing concealment of violations of the Reporting Act because the bank had no duty to report the transactions under the Act or its valid regulations.
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794 F.2d 7·
1st Cir.·
1986-06-20
·cited 40×
The court held that the denial of severance motions was not an abuse of discretion, and the evidence was sufficient to support the convictions for aiding and abetting possession with intent to distribute marijuana.
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787 F.2d 1506·
11th Cir.·
1986-04-28
·cited 40×
The acquittal of alleged co-conspirators in a prior trial does not preclude the conviction of another alleged co-conspirator in a subsequent trial, nor does it bar the use of acts underlying those acquittals as overt acts in furtherance of the conspiracy.
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788 F.2d 39·
1st Cir.·
1986-03-31
·cited 40×
The court held that pre-indictment delays did not violate due process rights, evidentiary rulings were proper, and jury instructions were adequate. The judgments of sentence are affirmed.
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776 F.2d 542·
5th Cir.·
1985-10-08
·cited 40×
The evidence was sufficient to support the convictions of Antonio Reyes Espinoza for conspiracy to possess with intent to distribute marijuana and aiding and abetting the substantive offense.
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752 F.2d 741·
1st Cir.·
1985-01-16
·cited 40×
The court held that the prosecutor's improper comments on the defendants' failure to testify did not warrant a new trial given the strong evidence, the curative instruction, and the isolated nature of the misconduct. The court also rejected other grounds for appeal.
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747 F.2d 1404·
11th Cir.·
1984-12-05
·cited 40×
The court held that the indictment and jury instructions for aiding and abetting were flawed, leading to reversal of convictions on those counts. However, the court affirmed the conviction for obstructing the IRS, finding the statute and evidence sufficient.
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737 F.2d 814·
9th Cir.·
1984-07-12
·cited 40×
The court held that the government's conduct was not outrageous, there was sufficient evidence of possession, and evidentiary rulings were not reversible error. The convictions are affirmed.
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734 F.2d 1129·
6th Cir.·
1984-05-02
·cited 40×
The court held that the trial court did not err in admitting testimony regarding the giving of Miranda rights, refusing to disclose an informant's identity, or denying a motion for severance.