Aiding And Abetting

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

• State v. Roby
  246 So. 2d 566· Fla.· 1971-03-10 ·cited 104×
  The Florida Supreme Court reversed the District Court of Appeal's decision to overturn Arthur Lee Roby's murder conviction. The court held that while the evidence was insufficient to prove Roby directly caused the victim's death, it was sufficient to sustain a conviction under th
• Loy Lavator Baker v. United States
  412 F.2d 1069· 5th Cir.· 1969-06-20 ·cited 104×
  A gun used in a bank robbery is a dangerous weapon as a matter of law, and those present are in objective danger regardless of whether the gun was loaded.
• United States v. Santore
  290 F.2d 51· 2d Cir.· 1960-11-16 ·cited 104×
  The court held that possession by one partner in a common scheme can be attributed to other partners, and the presumption of knowledge of illegal importation can apply. However, Tarlentino and Narducci were not sufficiently shown to have knowledge or possession.
• Davidson Joel James v. State
  453 So. 2d 786· Fla.· 1984-05-24 ·cited 103×·via Aider And Abettor
  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
• United States v. Smith
  680 F.2d 255· 1st Cir.· 1982-06-08 ·cited 103×
  The court held that 21 U.S.C. § 955a is within Congress's power to apply extraterritorially to stateless vessels engaged in drug trafficking affecting the United States, and that the evidence was sufficient to support the appellant's conviction for possession with intent to distr
• United States v. Cowart
  595 F.2d 1023· 5th Cir.· 1979-05-22 ·cited 103×
  Convictions for both conspiracy to commit wire fraud and aiding and abetting wire fraud do not violate the Double Jeopardy Clause because they are distinct offenses requiring different elements of proof. The evidence was also sufficient to support the aiding and abetting convicti
• United States v. Peskin
  527 F.2d 71· 7th Cir.· 1975-12-10 ·cited 103×
  The court affirmed Peskin's convictions, holding that the evidence was sufficient to establish the federal jurisdictional elements of the Travel Act and that his constitutional rights were not violated by the IRS audits.
• United States v. Sellers
  483 F.2d 37· 5th Cir.· 1973-07-26 ·cited 103×
  The court held that a search warrant affidavit with sufficient detail about the criminal activity can satisfy the requirement that the informant's information be reliable, even if the underlying circumstances are not explicitly stated. It also held that the fruits of a state sear
• United States v. Covelli
  738 F.2d 847· 7th Cir.· 1984-06-29 ·cited 102×
  The court held that the arrest of Robert Covelli was based on probable cause, and the admission of certain evidence, including details of the murder and prior weapon possession, was not an abuse of discretion. The court affirmed Covelli's convictions.
• United States v. Gaston Gerald
  624 F.2d 1291· 5th Cir.· 1980-08-25 ·cited 102×
  The court affirmed the conviction, finding no reversible error in the voir dire, sufficiency of evidence, jury instructions, or indictment.
• Edmond G. Pharo v. Smith
  621 F.2d 656· 5th Cir.· 1980-07-09 ·cited 102×
  The court held that Deltec was not a "seller" under Section 12 of the Securities Act of 1933 because its actions were not a substantial factor in causing the plaintiffs' purchases of unregistered securities.
• Johnnell Lockett v. State
  262 So. 2d 253· Fla. 4th DCA· 1972-05-12 ·cited 102×
  Johnnell Lockett was convicted of breaking and entering with intent to commit grand larceny based on evidence that he was seated in his car while an unidentified person loaded stolen property into it. The court reversed, finding the evidence insufficient to prove Lockett's intent
• Walker v. United States
  342 F.2d 22· 5th Cir.· 1965-02-25 ·cited 102×
  The court's opinion, except for the Allen charge variation, is concurred with.
• United States v. Hernandez
  290 F.2d 86· 2d Cir.· 1961-02-14 ·cited 102×
  The court held that a trial court must inspect grand jury minutes upon request when the witness's testimony is crucial, and that possession under 21 U.S.C. § 174 requires dominion and control, not merely association with a possessor.
• United States v. Tomaiolo
  249 F.2d 683· 2d Cir.· 1957-11-21 ·cited 102×
  The court held that the cumulative effect of numerous evidentiary errors, particularly the improper cross-examination of the defendant and the impeachment of a defense witness, deprived the defendant Tomaiolo of a fair trial.
• United States v. Regino Palacios
  556 F.2d 1359· 5th Cir.· 1977-08-08 ·cited 101×
  The court held that the evidence presented was insufficient to sustain the convictions for conspiracy and aiding and abetting possession of marijuana with intent to distribute.
• United States v. Barash
  365 F.2d 395· 2d Cir.· 1966-08-03 ·cited 101×
  The court held that multiple errors in admitting evidence, restricting cross-examination, and jury instructions warranted reversal of convictions.
• United States v. Rodriguez
  765 F.2d 1546· 11th Cir.· 1985-07-23 ·cited 100×
  The court affirmed the convictions, finding sufficient evidence for conspiracy, no prejudicial variance, no reversible error in jury communication issues or sentencing hearsay, and that discovery violations were adequately remedied by the trial court.
• United States v. LEE
  743 F.2d 1240· 8th Cir.· 1984-09-12 ·cited 100×
• United States v. DOG
  532 F.2d 1182· 8th Cir.· 1976-03-31 ·cited 100×
  The court did not reverse the decision because there is no current rule requiring recording of grand jury testimony.
• Roberts v. United States
  416 F.2d 1216· 5th Cir.· 1969-10-09 ·cited 100×
  The court held that the evidence was insufficient to support Barbara Bookout's conviction for conspiracy and aiding/abetting the passing of counterfeit currency, but affirmed the convictions of Carl Roberts and John Coceo.
• Fountain v. United States
  384 F.2d 624· 5th Cir.· 1967-08-09 ·cited 100×
  The court held that the trial court did not err in admitting recorded telephone conversations and transcripts, nor in limiting cross-examination regarding a witness's finances, as these actions did not deprive appellants of their constitutional rights.
• United States v. Luxenberg
  374 F.2d 241· 6th Cir.· 1967-02-17 ·cited 100×
  The court held that the defendants' convictions for conspiracy and aiding and abetting fraud were supported by substantial evidence, and that the trial court did not err in denying their motions regarding grand jury testimony, inspection of minutes, preliminary examination, or a
• United States v. Myers
  692 F.2d 823· 2d Cir.· 1982-09-03 ·cited 99×
  The court affirmed convictions for bribery and conspiracy related to Abscam, except for one count against Murphy, which was reversed and remanded.
• Cenco Inc. v. Seidman & Seidman
  686 F.2d 449· 7th Cir.· 1982-03-26 ·cited 99×
  The court held that a corporation cannot shift the entire responsibility for fraud perpetrated by its top management for the company's benefit onto its auditors, and that auditors lack standing under RICO to sue for damages when used as a tool of the criminal enterprise.
• United States v. Longoria
  569 F.2d 422· 5th Cir.· 1978-03-10 ·cited 99×
  The court held that the evidence was insufficient to sustain a conviction for aiding and abetting possession of a controlled substance with intent to distribute.
• Sec. & Exch. Comm'n v. Mgmt. Dynamics, Inc.
  515 F.2d 801· 2d Cir.· 1975-03-18 ·cited 99×
  The court held that SEC enforcement actions for injunctions do not require a showing of irreparable injury or a balance of hardships favoring the SEC, but rather a demonstration of statutory violations and likelihood of future misconduct. The court affirmed the injunction against
• United States v. Cooper
  733 F.2d 1360· 10th Cir.· 1984-03-13 ·cited 98×
  The court held that the trial court did not err in denying the defendants' motions to suppress evidence, finding the stop was a justified investigatory stop based on reasonable suspicion and that any subsequent detention or questioning was consensual.
• United States v. Staten
  581 F.2d 878· D.C. Cir.· 1978-05-09 ·cited 98×
  The court held that the evidence was legally sufficient to prove appellant's possession of drugs and that the jury instruction on aiding and abetting was proper.
• United States v. Peterson
  524 F.2d 167· 4th Cir.· 1975-08-19 ·cited 98×
  The court affirmed the convictions, finding no merit in the appellants' contentions regarding sufficiency of evidence, multiplicity of charges, discovery violations, identification procedures, juror misconduct, ineffective assistance of counsel, or the validity of the search.
• United States v. Meros
  866 F.2d 1304· 11th Cir.· 1989-02-13 ·cited 97×
  The court held that the prosecutor did not violate Brady or Giglio by failing to disclose information not in the government's possession or that was discoverable by the defense. It also held that one conviction for structuring transactions was improper, but others were affirmed,
• United States v. Brantley
  733 F.2d 1429· 11th Cir.· 1984-05-23 ·cited 97×
  The court held that venue was proper for possession with intent to distribute charges against appellants who aided and abetted the crime, and that certain conspiracy convictions merge with a continuing criminal enterprise conviction. The court also found that the investigation in
• United States v. Ford
  632 F.2d 1354· 9th Cir.· 1980-09-26 ·cited 97×
  The court held that there was sufficient evidence to affirm convictions for embezzlement under 18 U.S.C. § 664 related to a deferred compensation plan and a pension credit scheme, but reversed convictions for two trustees due to insufficient evidence of criminal intent. Conspirac
• United States v. Stanchich
  550 F.2d 1294· 2d Cir.· 1977-01-06 ·cited 97×
  The court held that Fitzgerald's statements were admissible against Stanchich on the substantive counts because sufficient independent evidence showed Stanchich's participation in the conspiracy by a preponderance of the evidence, even though the conspiracy count itself was dismi
• United States v. Graham Lee Kendall
  766 F.2d 1426· 10th Cir.· 1985-07-03 ·cited 96×
  The court held that sufficient evidence supported Kendall's conviction for conspiracy to possess marijuana with intent to distribute and for violating the Travel Act, and that the admission of prior bad acts evidence was proper.
• Drake v. Kemp
  762 F.2d 1449· 11th Cir.· 1985-05-31 ·cited 96×
  The court held that a Sandstrom violation occurred and was not harmless error. The prosecutor's argument also rendered the sentencing phase fundamentally unfair.
• United States v. Dorr
  636 F.2d 117· 5th Cir.· 1981-02-06 ·cited 96×
  The court held that prosecutorial misconduct during closing arguments, by improperly referencing judges' reasons for accepting plea bargains and suggesting defense accusations of judicial conspiracy, prejudiced the defendants and warranted a new trial.
• Benchwick v. United States
  297 F.2d 330· 9th Cir.· 1961-12-04 ·cited 96×
  The court held that the evidence was sufficient to sustain the conviction for aiding and abetting the willful misapplication of bank funds, and that there was no reversible error in the trial court's rulings.
• Morei v. United States
  127 F.2d 827· 6th Cir.· 1942-05-14 ·cited 96×
  The court held that Dr. Platt's conviction for aiding and abetting or being an accessory before the fact in narcotics offenses must be reversed due to insufficient evidence and improper government conduct. The court also found that Morei's defense of entrapment should have been c
• United States v. Bruun
  809 F.2d 397· 7th Cir.· 1987-01-13 ·cited 95×
  The court held that there was insufficient evidence to support convictions for interstate transportation of stolen securities, but affirmed convictions for conspiracy and misapplication of bank funds. The court also found no reversible error in the denial of severance motions or
• United States v. McCLINTOCK
  748 F.2d 1278· 9th Cir.· 1984-06-05 ·cited 95×
  The court held that the search warrant was sufficiently particular and that the government's conduct, while ethically questionable, did not rise to the level of a constitutional violation or warrant reversal under supervisory powers. The prior conviction was admissible for impeac
• United States v. Barham
  595 F.2d 231· 5th Cir.· 1979-05-16 ·cited 95×
  The failure of the prosecution to correct false testimony, which it knows to be false, violates due process if there is a reasonable likelihood that the false testimony could have affected the jury's judgment.
• United States v. Gordon
  580 F.2d 827· 5th Cir.· 1978-09-22 ·cited 95×
  The court affirmed the convictions, finding sufficient probable cause for the search warrant, sufficient evidence to support the conspiracy conviction, and no reversible error in the admission of testimony regarding destroyed evidence or the delegation of authority to schedule co
• United States v. Bullock
  451 F.2d 884· 5th Cir.· 1971-11-08 ·cited 95×
  The court affirmed Rodriguez's convictions on all counts, but reversed Bullock's conviction on Count Three due to insufficient evidence of interstate transportation.
• United States v. Lester
  363 F.2d 68· 6th Cir.· 1966-07-08 ·cited 95×
  The dissenting judge holds that the convictions cannot stand because the jury's acquittal of the police officers necessarily means that the essential elements of the federal offense under 18 U.S.C. § 242 were not proven, and thus no conspiracy to commit that offense could exist.
• United States v. Carter
  721 F.2d 1514· 11th Cir.· 1984-01-13 ·cited 94×
  The court held that tape-recorded conversations were admissible as co-conspirator hearsay and affirmed RICO conspiracy convictions, reversing only tax evasion convictions for Larry and Suzette Jackson.
• United States v. Bell
  457 F.2d 1231· 5th Cir.· 1972-03-23 ·cited 94×
  The court held that a district judge erred in gratuitously granting a new trial, but the defendant waived the right to challenge this by not appealing. The court also held that Aguilar/Spinelli requirements do not apply to eyewitnesses and that a search of a yard incident to arre
• Nassif v. United States
  370 F.2d 147· 8th Cir.· 1966-12-06 ·cited 94×
  The court held that there was sufficient evidence to implicate Nassif in the conspiracy to steal from interstate commerce and affirmed the convictions of both Nassif and Schmadebeck.
• Downing v. United States
  348 F.2d 594· 5th Cir.· 1965-07-12 ·cited 94×·via Aider And Abettor Liability
  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. Manzella
  791 F.2d 1263· 7th Cir.· 1986-05-20 ·cited 93×
  A defendant cannot be convicted of possession of drugs based on constructive possession without evidence of ultimate control over the drugs, and a flawed jury instruction on co-conspirator liability under Pinkerton v. United States can lead to reversal.