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285 F.2d 140·
8th Cir.·
1960-12-29
·cited 20×
The court held that the evidence was sufficient to sustain the jury's verdict of conviction for violating securities laws, and that the trial court did not err in denying a separate trial, a bill of particulars, or in its jury instructions.
-
243 F.2d 327·
8th Cir.·
1957-04-26
·cited 20×
The court held that the evidence was insufficient to sustain a conviction for transporting stolen money in interstate commerce because the money was not stolen until after it had been transported across state lines.
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241 F.2d 351·
8th Cir.·
1957-02-14
·cited 20×
The court held that the evidence was sufficient to support the convictions for narcotics violations, and that no prejudicial error occurred during the trial.
-
117 F.2d 526·
6th Cir.·
1941-02-04
·cited 20×
The court held that admitting evidence of unrelated prior convictions and specific unlawful acts, even for the limited purpose of showing general reputation, was an error that prejudiced the defendant.
-
136 Fla. 134·
Fla.·
1939-01-20
·cited 20×
Cleo C. Wadsworth was convicted of murder for his role in shooting Ozzie O. Hurst during a planned confrontation. The Florida Supreme Court affirmed the conviction, rejecting Wadsworth's challenges to the trial court's denial of venue change, denial of continuance, and jury instr
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33 Fla. 661·
Fla.·
1894-01-01
·cited 20×
William H. Everett and Madison Everett were convicted of murder in the first and third degree, respectively, for killing J. Fletcher Tillman. This appeal challenges the indictment's sufficiency regarding Madison Everett's charges and the admissibility of testimony from William H.
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915 So. 2d 1233·
Fla. 4th DCA·
2005-12-21
·cited 19×
Gita Shetty appealed the trial court's denial of her motion to compel arbitration of claims filed against her by Dr. Anne Lewis. The Fourth District Court of Appeal reversed, holding that the claims arose from the same operative facts as claims already in arbitration and therefor
-
902 So. 2d 968·
Fla. 4th DCA·
2005-06-08
·cited 19×
Former officers and directors of a Florida corporation appealed a trial court's denial of their motion to dismiss for lack of personal jurisdiction in a shareholder class action. The appellate court reversed, finding that the defendants' affidavits sufficiently contested jurisdic
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944 F.2d 73·
2d Cir.·
1991-09-05
·cited 19×
The court affirmed Liranzo's conviction, finding no breach of the proffer agreement, but vacated Garcia's sentence, holding his criminal facilitation conviction did not qualify as a 'controlled substance offense' under the Sentencing Guidelines.
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943 F.2d 485·
4th Cir.·
1991-08-26
·cited 19×
A law firm cannot be held liable under federal securities laws for failing to disclose a client's financial misrepresentations to third parties absent a fiduciary or other confidential relationship. Lawyers are not liable for incorporating client misrepresentations into closing d
-
878 F.2d 817·
5th Cir.·
1989-07-14
·cited 19×
The court held that the trial court did not err in rejecting the Batson challenge, that evidence was sufficient to convict Moreno for importing cocaine, but insufficient to convict Orguiza for conspiracy, and that the trial court erred by failing to make an on-the-record finding
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876 F.2d 1322·
7th Cir.·
1989-06-08
·cited 19×
An accounting firm is not liable under Rule 10b-5 for failing to 'blow the whistle' on a client's financial troubles, absent a specific duty to disclose or direct reliance by investors on the firm's representations.
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844 F.2d 344·
6th Cir.·
1988-04-14
·cited 19×
The court held that the defendants lacked standing to challenge the search of the car, and that even if they had standing, the consent to search was voluntary and not the fruit of an illegal seizure. The evidence was also sufficient to support the convictions.
-
815 F.2d 1213·
8th Cir.·
1987-04-08
·cited 19×
The court held that the trial court did not err in refusing a lesser-included offense instruction for voluntary manslaughter, in giving an aiding and abetting instruction, in denying immunity to a witness, in denying a motion to dismiss for speedy trial violations, or in its voir
-
704 F.2d 749·
5th Cir.·
1983-04-25
·cited 19×
The court held that the evidence was sufficient to sustain the convictions and that the trial court did not err in its rulings regarding discovery, evidence exclusion, or post-verdict juror interviews.
-
623 F.2d 1017·
5th Cir.·
1980-08-11
·cited 19×
The court held that even if hearsay evidence and jury instructions were improperly admitted, the errors were harmless due to overwhelming other evidence of guilt. The evidence was also sufficient to support Poitier's conviction for conspiracy.
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620 F.2d 237·
10th Cir.·
1980-04-28
·cited 19×
The court held that the pretrial venue ruling was not immediately appealable under the collateral order doctrine and that mandamus was not appropriate as the defendants had an adequate remedy on direct appeal.
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617 F.2d 1358·
9th Cir.·
1980-04-04
·cited 19×
The government's appeal from a judgment of acquittal is not barred by double jeopardy if the acquittal was in form only and not a resolution of factual elements of the offense. The dismissal of indictment counts due to unavailability of a material witness is proper only if the un
-
608 F.2d 1089·
5th Cir.·
1979-12-28
·cited 19×
The court held that moving the vehicle off the highway was reasonable, the discovery of the pistol and rifle was lawful under the plain view doctrine and voluntary disclosure, and that the defendant's identity could be proven through independent sources untainted by the seizure o
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576 F.2d 22·
3d Cir.·
1978-04-12
·cited 19×
The court held that the non-hearsay evidence was sufficient to sustain the conviction for causing, aiding, and abetting the submission of a false audit report, and that the indictment was not fatally defective.
-
314 So. 2d 634·
Fla. 4th DCA·
1975-05-23
·cited 19×
Harlan Blackburn appeals his conviction for assault with intent to commit murder in the first degree, claiming insufficient evidence and various trial errors. The Fourth District Court of Appeal affirms the conviction but reverses in part to ensure proper credit for time served,
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497 F.2d 184·
7th Cir.·
1974-05-03
·cited 19×
Convictions on conspiracy and substantive counts are affirmed, except for one substantive count which is reversed due to potential reliance on constitutionally protected speech.
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446 F.2d 675·
10th Cir.·
1971-08-04
·cited 19×
The court held that the evidence was sufficient to support convictions for aiding and abetting the destruction of government property and for assaulting a federal officer, and that the jury selection process did not violate the Jury Selection and Service Act.
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248 So. 2d 517·
Fla. 3d DCA·
1971-05-25
·cited 19×
Earton David Jones appealed his robbery conviction on two grounds: denial of counsel at a preliminary hearing under Coleman v. Alabama and insufficient evidence. The Florida appellate court affirmed the conviction, holding that Coleman v. Alabama was inapplicable in Florida and t
-
434 F.2d 321·
9th Cir.·
1970-11-16
·cited 19×
Convictions under 21 U.S.C. § 176a are reversed due to Leary v. United States, but the conviction under 26 U.S.C. § 4742(a) is affirmed.
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206 So. 2d 431·
Fla. 3d DCA·
1968-01-30
·cited 19×
Frederick Parks was convicted of rape by jury and sentenced to life imprisonment. On appeal, Parks challenged the prosecutor's closing arguments, jury instructions on aiding and abetting, alleged judicial comments on evidence, and sufficiency of evidence, but the court affirmed h
-
759 So. 2d 732·
Fla. 5th DCA·
2000-05-26
·cited 18×
Acadia Partners sued the Tompkinses to pierce their corporation's veil and recover $30 million owed by their company TIGI. The trial court entered judgment for Acadia and applied setoffs for pretrial settlements, then calculated interest under the amended Florida judgment interes
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959 F.2d 1514·
10th Cir.·
1992-03-24
·cited 18×
The court held that the four-point enhancement for being an organizer or leader was improper, but the obstruction of justice enhancement and consecutive sentencing were not. The conviction is affirmed, but the case is remanded for resentencing.
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954 F.2d 928·
3d Cir.·
1992-01-24
·cited 18×
The court held that the offender's 'gross gain' for sentencing purposes should be calculated based on actual profit and other benefits, not merely the face value of contracts, and that restitution requires a direct nexus between the criminal act and the loss.
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587 So. 2d 543·
Fla. 1st DCA·
1991-09-30
·cited 18×
Wilder appeals convictions for grand theft, trafficking in stolen property, and solicitation related to a sting operation in which an undercover officer purchased stolen goods from him over 35 days. The court affirms the convictions on the merits but reverses the departure senten
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945 F.2d 881·
7th Cir.·
1991-09-26
·cited 18×
The court held that a joint trial was permissible even with mutually antagonistic defenses, and that sufficient evidence existed to convict Zafiro of aiding and abetting a drug conspiracy.
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942 F.2d 363·
6th Cir.·
1991-08-19
·cited 18×
The court held that the evidence was sufficient to convict Christian for aiding and abetting the use of a firearm in relation to a drug offense and affirmed Friend's sentence, finding the district court did not err in its application of the Sentencing Guidelines.
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937 F.2d 947·
4th Cir.·
1991-06-20
·cited 18×
District courts cannot depart downward from the career offender guideline based on an exaggeration of the defendant's prior offenses.
-
578 So. 2d 360·
Fla. 3d DCA·
1991-04-09
·cited 18×
L.J., a juvenile, was adjudicated delinquent for unlawful sale and unlawful possession of cocaine based on his role in an undercover drug transaction. The appellate court affirmed the sale conviction but reversed the possession conviction, holding that aiding and abetting in a dr
-
929 F.2d 213·
6th Cir.·
1991-04-03
·cited 18×
The court affirmed the defendant's conviction and sentence, holding that the ineffective assistance of counsel claim could not be raised for the first time on appeal and that the upward departure from the Sentencing Guidelines was reasonable.
-
912 F.2d 159·
6th Cir.·
1990-08-31
·cited 18×
The court held that the evidence was insufficient to support conspiracy convictions, as mere presence and association do not establish an agreement to commit a crime. However, convictions for possession and carrying a firearm were affirmed.
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909 F.2d 789·
4th Cir.·
1990-08-02
·cited 18×
The court held that the appellants' involuntary removal from the Philippines did not constitute outrageous government conduct requiring dismissal of their indictments, and Lynn Porter's sentence was correctly calculated under the Sentencing Guidelines.
-
905 F.2d 18·
2d Cir.·
1990-05-25
·cited 18×
The court held that the evidence was insufficient to support a conviction for possession of cocaine, but sufficient for conspiracy and use of a communication facility to commit a narcotics felony.
-
892 F.2d 696·
8th Cir.·
1989-12-19
·cited 18×
The court held that the convictions and sentences were valid, and that the government's cross-appeal regarding sentencing under the Guidelines was procedurally barred due to a failure to object.
-
889 F.2d 134·
7th Cir.·
1989-11-13
·cited 18×
A person can be convicted of aiding and abetting possession with intent to distribute drugs even if they never possessed the drugs themselves.
-
865 F.2d 654·
5th Cir.·
1989-02-02
·cited 18×
The court held that evidence of subsequent marijuana transactions was admissible to show predisposition for cocaine charges, and that the evidence was sufficient to support the conspiracy conviction. However, the imposition of a supervised release term was improper.
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867 F.2d 436·
8th Cir.·
1989-01-18
·cited 18×
-
858 F.2d 986·
5th Cir.·
1988-10-14
·cited 18×
The court held that the trial court did not err in excluding evidence of a co-conspirator's recanted statements under Federal Rule of Evidence 806 because the statements were not inconsistent with the prior hearsay statements, and the evidence was sufficient to sustain the convic
-
845 F.2d 1508·
8th Cir.·
1988-05-09
·cited 18×
The court held that improper prosecutorial comments during closing argument did not constitute plain error, and the trial court did not abuse its discretion in providing supplemental jury instructions.
-
836 F.2d 1125·
8th Cir.·
1988-01-12
·cited 18×
The court affirmed the conviction for failing to file a CTR, witness tampering, and destroying subpoenaed records, finding sufficient evidence and proper admission of prior bad acts evidence. The court also affirmed the acquittal on the charge of concealing a material fact.
-
825 F.2d 17·
4th Cir.·
1987-07-23
·cited 18×
The court held that individuals can be held criminally liable under 18 U.S.C. § 1001 and 31 U.S.C. § 2(b) for structuring currency transactions to avoid reporting requirements, even if they have no direct duty to report. The court also held that sufficient evidence supported the
-
818 F.2d 136·
1st Cir.·
1987-05-13
·cited 18×
The court held that the evidence was insufficient to prove appellants knowingly transferred firearms to Cano Bufi, who was under indictment or convicted of a serious crime (Count III). However, the evidence was sufficient to support convictions for transferring firearms to someon
-
805 F.2d 517·
5th Cir.·
1986-11-24
·cited 18×
The court held that the district court did not commit reversible error in denying a bill of particulars, instructing the jury on summary witness testimony, limiting cross-examination, or failing to instruct on fraudulent intent, and that sufficient evidence supported the convicti
-
492 So. 2d 719·
Fla. 1st DCA·
1986-07-21
·cited 18×
Wilbur Weeks and Anthony Weeks were convicted as aiders and abettors to manslaughter and attempted manslaughter based on circumstantial evidence that they provided weapons and vehicles to the actual perpetrators. The appellate court reversed, finding the evidence insufficient bec
-
793 F.2d 458·
2d Cir.·
1986-06-16
·cited 18×
The court held that the evidence was sufficient to support the jury's verdict that the defendant aided and abetted an armed bank robbery, and that the lock-picking tools were properly seized under the plain view doctrine.