-
706 F.2d 863·
8th Cir.·
1983-05-12
·cited 20×
The court held that the tape recordings were admissible and that there was sufficient evidence to sustain the conviction for aiding and abetting in the unlawful acquisition of food stamp coupons.
-
703 F.2d 119·
5th Cir.·
1983-04-06
·cited 20×
The court held that an 'on or about' jury instruction is proper even when an alibi defense is raised, and that evidence of subsequent contacts with a witness is admissible to prove identification.
-
700 F.2d 774·
1st Cir.·
1983-02-28
·cited 20×
The court affirmed summary judgment for the defendants, holding that plaintiffs failed to establish a basis for imposing aider and abettor liability under § 10(b), Rule 10b-5, or § 17(a) due to lack of knowing and substantial assistance and awareness of improper activity.
-
687 F.2d 778·
3d Cir.·
1982-09-01
·cited 20×
The court held that federal securities laws do not create an implied private right of action for damages against stock exchanges for failure to enforce their own rules or federal margin requirements.
-
681 F.2d 824·
D.C. Cir.·
1982-05-18
·cited 20×
A securities analyst who obtains material nonpublic information from corporate insiders and passes it to investors who trade on it, thereby aiding and abetting insider trading, can be held liable under Rule 10b-5 if the information was obtained through a breach of fiduciary duty.
-
406 So. 2d 523·
Fla. 4th DCA·
1981-11-04
·cited 20×
Dr. Gaines was convicted of aiding and abetting the possession of Dilaudid with intent to distribute based on a pharmacist's identification of his voice verifying a fraudulent prescription. On appeal, Gaines challenged the date variance in the charging information and the admissi
-
655 F.2d 547·
4th Cir.·
1981-07-14
·cited 20×
The joinder of defendants was authorized under Fed.R.Crim.P. 8(b) because they participated in the same series of acts or transactions constituting offenses.
-
651 F.2d 600·
8th Cir.·
1981-06-18
·cited 20×
The court held that juror misconduct involving taking notes did not prejudice the defendants and that the trial court did not abuse its discretion in refusing to read testimony to the jury, nor was there insufficient evidence to support the verdict.
-
644 F.2d 1034·
5th Cir.·
1981-05-11
·cited 20×
The court affirmed the convictions, holding that the trial court properly limited cross-examination regarding the occasional sale defense, admitted co-conspirator statements, and that sufficient evidence supported the convictions.
-
630 F.2d 374·
5th Cir.·
1980-11-13
·cited 20×
The court held that the trial court did not err in placing the burden of proof on the defendants for the suppression motion, in denying the motion to suppress, or in refusing separate verdict forms for the jeopardy enhancement.
-
390 So. 2d 85·
Fla. 3d DCA·
1980-10-21
·cited 20×
Conviction for attempted robbery reversed because evidence of merely driving the perpetrator away from the scene is insufficient to prove the prior intent to participate in the crime required for aiding and abetting liability.
-
619 F.2d 856·
10th Cir.·
1980-04-08
·cited 20×
The court held that summary judgment was improperly granted due to insufficient time for discovery and vacated the orders, remanding for further proceedings.
-
609 F.2d 914·
8th Cir.·
1979-11-27
·cited 20×
The court held that the investigatory stop of the vehicle was lawful based on reasonable suspicion, and subsequent discovery of firearms provided probable cause for arrest and search. The court also found sufficient evidence for interstate transportation and upheld the jury instr
-
587 F.2d 802·
5th Cir.·
1979-01-15
·cited 20×
The court held that the reindictment, jury instructions, and admission of evidence were not erroneous, and therefore affirmed the convictions.
-
364 So. 2d 771·
Fla. 2d DCA·
1978-10-18
·cited 20×
Linda Hite was convicted of robbery, conspiracy to commit robbery, and felony murder arising from a market robbery in which the owner was killed. The Florida District Court of Appeal affirmed her convictions for robbery and conspiracy but reversed her felony murder conviction, ho
-
581 F.2d 1152·
5th Cir.·
1978-10-10
·cited 20×
The court held that the trial court's supplemental jury charge and refusal to judicially notice a witness's prior false testimony were not grounds for reversal.
-
587 F.2d 1267·
D.C. Cir.·
1978-09-28
·cited 20×
The court held that the Speedy Trial Act did not require dismissal of all counts, and that the trial court did not abuse its discretion regarding the Jencks Act violation. The court vacated the forgery conviction due to substantial issues and concurrent sentencing, affirming the
-
580 F.2d 1382·
10th Cir.·
1978-07-27
·cited 20×
The court held that the trial court did not err in admitting evidence derived from an X-ray search of a suitcase against defendants other than the owner, nor in admitting evidence obtained via an electronic tracking device, and that the destruction of investigatory notes did not
-
564 F.2d 1377·
9th Cir.·
1977-11-28
·cited 20×
The court held that the jury instruction on "jeopardy" was erroneous because it allowed conviction based on fear rather than actual danger, and this error was plain and prejudicial.
-
561 F.2d 799·
9th Cir.·
1977-09-27
·cited 20×
The court held that the denial of a mistrial was not error because the prejudicial effect of the probation officer's testimony, even if improper, was rendered harmless by the court's strong curative instruction and the overwhelming evidence of guilt.
-
558 F.2d 531·
9th Cir.·
1977-07-27
·cited 20×
The court held that the evidence was sufficient to prove the appellants' participation in the conspiracy and their intent to distribute heroin, supporting their convictions.
-
559 F.2d 1243·
4th Cir.·
1977-07-20
·cited 20×
The dissenting judge believes the evidence was insufficient to support federal jurisdiction, arguing the gasoline was no longer part of an interstate shipment when stolen from a storage tank.
-
554 F.2d 372·
9th Cir.·
1977-05-23
·cited 20×
The court held that the evidence was sufficient to support convictions under the Mann Act, the Act is not unconstitutional, and the appellants received a fair trial.
-
552 F.2d 294·
9th Cir.·
1977-04-18
·cited 20×
The court held that there was sufficient evidence to convict Chenaur of aiding and abetting fraud against a federally insured savings and loan association and making a false statement to a government agency.
-
542 F.2d 479·
8th Cir.·
1976-10-06
·cited 20×
The court held that the indictment was properly returned as it predated the defendant's statement to state officials, but reversed the conviction due to insufficient evidence that the alleged co-conspirators were unlicensed firearms dealers.
-
538 F.2d 1099·
5th Cir.·
1976-09-15
·cited 20×
The court held that the introduction of five other forged checks was proper as evidence of a larger criminal scheme, even if the specific act of cashing them by a principal was not proven.
-
537 F.2d 828·
5th Cir.·
1976-08-25
·cited 20×
The court held that the cross-examination and rebuttal testimony of a defense witness for the purpose of showing bias was permissible.
-
527 F.2d 716·
6th Cir.·
1975-12-16
·cited 20×
The court affirmed convictions for labor law violations and conspiracy, but vacated a conviction due to the defendant's death pending appeal.
-
525 F.2d 386·
8th Cir.·
1975-11-13
·cited 20×
The court held that the totality of circumstances established probable cause for the warrantless arrests, that consent to search Walls' automobile was voluntary, that expert testimony comparing clothing was admissible, that the photographic display was not impermissibly suggestiv
-
524 F.2d 803·
9th Cir.·
1975-10-06
·cited 20×
The court held that the evidence seized was admissible and sufficient to support the conviction, as the discovery of the marijuana cache was not tainted by any illegal detention and the evidence supported an inference of aiding and abetting importation.
-
319 So. 2d 64·
Fla. 2d DCA·
1975-09-17
·cited 20×
Jessie Rosson was convicted of aiding and abetting Charles Johnson in breaking and entering two vehicles with intent to commit petit larceny. The Florida Second District Court of Appeal affirmed her conviction, finding that circumstantial evidence was sufficient to prove her know
-
513 F.2d 11·
3d Cir.·
1975-03-18
·cited 20×
The court held that the evidence was sufficient to support the jury's verdict for aiding and abetting, the jury charge was not plain error, and the identification procedures were not unduly suggestive or violative of due process or right to counsel.
-
511 F.2d 920·
2d Cir.·
1975-02-20
·cited 20×
The court held that the trial judge did not err in denying a hearing on pre-indictment delay, in excluding evidence related to the Black Liberation Army, in admitting expert testimony on photographic identification, or in instructing the jury regarding the failure to call witness
-
511 F.2d 1·
7th Cir.·
1975-02-18
·cited 20×
The court held that while the validity of a marriage is immaterial to conspiracy and concealment charges related to immigration fraud, it is material to false statement charges under 18 U.S.C. § 1546, and that substantive offenses do not merge into a conspiracy charge.
-
508 F.2d 410·
8th Cir.·
1974-12-30
·cited 20×
The court affirmed the denial of the motions for a new trial and reduction of sentence, finding the new evidence insufficient and the sentence appropriate.
-
494 F.2d 1216·
3d Cir.·
1974-04-10
·cited 20×
The court held that the sentencing judge's clear statements that he would not rely on information from a pending indictment or uncorroborated allegations were sufficient to affirm the sentence.
-
490 F.2d 725·
D.C. Cir.·
1973-10-11
·cited 20×
The court held that the trial court erred in preventing defense counsel from arguing that the stabbing was outside the scope of the felony, thus reversing the felony-murder convictions for the Walker brothers. The court also vacated Heinlein's death sentence due to Furman v. Geor
-
484 F.2d 928·
5th Cir.·
1973-10-05
·cited 20×
The court held that the trial judge did not abuse his discretion in admitting a partially inaudible tape recording or in denying a motion for continuance, and that sufficient evidence supported the conviction for aiding and abetting.
-
483 F.2d 573·
8th Cir.·
1973-08-15
·cited 20×
The court held that the defendant failed to demonstrate manifest injustice or substantial impairment of his defense due to the delayed production of records, and that the prosecutor's remarks did not constitute reversible error.
-
462 F.2d 1033·
10th Cir.·
1972-07-05
·cited 20×
The court held that the government's suppression of evidence regarding a key witness's plea bargain, even if unintentional, rendered the trial fundamentally unfair and violated due process.
-
460 F.2d 1360·
7th Cir.·
1972-05-04
·cited 20×
The court held that there was sufficient evidence to convict the defendant of aiding and abetting tax evasion, and that the admission of his wife's actions and the estate tax return did not violate the marital privilege.
-
449 F.2d 894·
1st Cir.·
1971-10-12
·cited 20×
The court held that an overt act directed towards a lawful result, not in furtherance of the conspiracy, cannot support a conspiracy conviction. However, sufficient evidence supported the substantive count.
-
447 F.2d 956·
5th Cir.·
1971-08-27
·cited 20×
A conviction for conspiracy to import cocaine is valid even if named co-conspirators were acquitted, and a conviction for the substantive offense is upheld due to concurrent sentences.
-
438 F.2d 1192·
4th Cir.·
1971-02-22
·cited 20×
The court held that the evidence was sufficient to convict the defendants of bank robbery by intimidation and that the admission of ammunition was proper for impeachment. However, the imposition of concurrent ten-year sentences was plain error.
-
431 F.2d 432·
6th Cir.·
1970-08-18
·cited 20×
The court held that a prompt jury instruction to disregard a witness's prejudicial statement can cure the error, especially when the evidence of guilt is overwhelming.
-
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.
-
409 F.2d 1095·
5th Cir.·
1969-04-14
·cited 20×
The court held that the arrest was lawful, the seized clothing was admissible, evidence of co-defendants' involvement was properly admitted, and the limitation on defense counsel's argument was not reversible error.
-
348 F.2d 708·
3d Cir.·
1965-07-15
·cited 20×
The court held that the trial court's jury instructions on entrapment were sufficient and that the defendants' arguments regarding the indictment and cross-examination were without merit.
-
342 F.2d 491·
2d Cir.·
1965-03-08
·cited 20×
The court held that the admission of a business card and the withholding of certain pre-trial statements did not constitute plain error or reversible error, affirming the conviction.
-
332 F.2d 702·
6th Cir.·
1964-06-03
·cited 20×
The court held that the admission of a prior inconsistent statement implicating a defendant was prejudicial error, warranting a new trial for that defendant, but affirmed conspiracy convictions for others. The court also reversed a conviction for aiding and abetting due to insuff