Aiding And Abetting

3,842 Florida cases classified under this topic · sorted by citation count

• United States v. Cary Levon Seyfried
  435 F.2d 696· 7th Cir.· 1970-11-18 ·cited 18×
  The court held that a portion of an accomplice's confession that exonerated the defendant was not a declaration against the accomplice's penal interest and thus was inadmissible hearsay.
• Levine v. United States
  430 F.2d 641· 7th Cir.· 1970-08-05 ·cited 18×
  A conviction for aiding and abetting is permissible under an indictment charging the defendant as a principal, and such claims cannot be raised in a collateral attack under 28 U.S.C. § 2255 if they could have been raised on direct appeal.
• Bernes B. Stone v. Wingo
  416 F.2d 857· 6th Cir.· 1969-10-03 ·cited 18×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, finding no merit in the appellant's claims regarding indictment amendment, unlawful search and seizure, quotient verdict, or failure to instruct on aiding and abetting.
• Kinser v. Bennett J. Cooper
  413 F.2d 730· 6th Cir.· 1969-07-25 ·cited 18×
  The court held that the prosecutor's comment on a co-defendant's failure to testify, though legal at the time of trial, violated the appellant's constitutional right to a fair trial under subsequent Supreme Court rulings.
• Pinelli v. United States
  403 F.2d 998· 10th Cir.· 1968-11-20 ·cited 18×
  The court held that testimony regarding a note found on the appellant was admissible as harmless error, and the evidence was sufficient to sustain the conviction for mail theft.
• Breeze v. United States
  398 F.2d 178· 10th Cir.· 1968-07-05 ·cited 18×
  The court held that the evidence was sufficient to support the jury's verdict of guilty for harboring, concealing, and assisting a military deserter, and that the trial court did not err in refusing to direct a verdict of acquittal.
• United States v. Fusco
  398 F.2d 32· 7th Cir.· 1968-07-02 ·cited 18×
  The conviction for theft under 18 U.S.C. § 659 cannot stand because the theft occurred at the Hyde Park station, not Fusco's station, and Fusco was not indicted as a receiver of stolen goods.
• United States v. Dillard
  376 F.2d 365· 7th Cir.· 1967-04-17 ·cited 18×
• United States v. Heithaus
  377 F.2d 484· 3d Cir.· 1967-04-10 ·cited 18×
  The court held that the evidence was sufficient to support the defendant's conviction for willfully making false statements in loan applications and that the prosecutor's summation comment was not reversible error.
• Dlugash v. Sec. & Exch. Comm'n
  373 F.2d 107· 2d Cir.· 1967-02-21 ·cited 18×
  The court held that the petitioners willfully violated securities laws, and the SEC order was properly issued.
• United States v. Manna
  353 F.2d 191· 2d Cir.· 1965-11-29 ·cited 18×
  The court held that the evidence was sufficient to support a conviction for aiding and abetting drug offenses, as the defendant associated himself with the venture and sought to make it succeed.
• United States v. Conte
  349 F.2d 304· 6th Cir.· 1965-08-04 ·cited 18×
  The court held that the district court had jurisdiction and that sufficient evidence supported the conviction for wire fraud, as the use of interstate wires was a foreseeable consequence of the scheme.
• Klepper v. United States
  331 F.2d 694· 9th Cir.· 1964-04-30 ·cited 18×
  The court held that the evidence presented was sufficient to support the jury's verdict and that the trial court did not err in its evidentiary rulings or jury instructions.
• United States v. Campisi
  306 F.2d 308· 2d Cir.· 1962-07-23 ·cited 18×
  The court held that the evidence sufficiently connected the appellants to the substantive crime to support a charge of aiding and abetting, and that certain procedural objections were waived.
• United States v. Elmo Senior
  274 F.2d 613· 7th Cir.· 1960-02-08 ·cited 18×
  The court held that while the trial judge's questioning of a witness about a prior conviction was improper and potentially prejudicial, it did not affect the jury's verdict given the overall evidence. The court also found other jury instructions and rulings to be proper.
• Picciurro v. United States
  250 F.2d 585· 8th Cir.· 1958-01-08 ·cited 18×
  The court held that the admission of testimony regarding conversations between the defendant and his wife in the presence of a third party was proper, and that the jury instructions and denial of a continuance did not constitute reversible error.
• United States v. Campisi
  248 F.2d 102· 2d Cir.· 1957-09-09 ·cited 18×
  The court held that the evidence was sufficient to support the conviction for conspiracy and the substantive offense, and that the trial judge's rulings were not erroneous.
• Wilson v. United States
  230 F.2d 521· 4th Cir.· 1956-02-29 ·cited 18×
  A person can be convicted of bribery under 18 U.S.C.A. § 202 even if they lack direct official authority over the matter, as long as they are in a position to influence it. A person can also be convicted of conspiracy to commit bribery even if they are incapable of committing the
• Inland Freight Lines v. United States
  202 F.2d 169· 10th Cir.· 1953-02-10 ·cited 18×
• Boushea v. United States
  173 F.2d 131· 8th Cir.· 1949-03-14 ·cited 18×
  The court held that defendants, acting through an innocent agent, caused a false claim to be presented to a government agency, and the trial court did not err in denying their motions or in its jury instructions.
• Wester v. State
  141 Fla. 374· Fla.· 1940-01-16 ·cited 18×
  Ralph Wester appealed his conviction for murder, challenging the trial court's instruction defining principals in the first and second degree. The Florida Supreme Court affirmed the conviction, holding that the instruction was correct and that principals of both degrees are equal
• McDonald v. State
  55 Fla. 134· Fla.· 1908-01-01 ·cited 18×
  This case addresses whether an indictment using an abbreviation for a defendant's name constitutes legal error and whether jury instructions were sufficient. The court held that using a common abbreviation like "Jno." for "John" is not an error, especially when the defendant's id
• Salter v. State
  77 So. 3d 760· Fla. 4th DCA· 2011-12-07 ·cited 17×
  Harry Salter appeals his conviction for robbery with a firearm and other charges, along with his ten-year sentence. The court affirms his conviction but remands for resentencing because the trial judge improperly denied his youthful offender sentencing request based on his decisi
• ZP NO. 54 Ltd. P'ship v. Fid. & Deposit Co. of Md.
  917 So. 2d 368· Fla. 5th DCA· 2005-12-30 ·cited 17×
  ZP Limited Partnerships sued surety Fidelity and Deposit (which acquired Mountbatten) for damages from a construction performance bond contract, alleging that Mountbatten aided and abetted a bid-rigging fraud scheme by issuing bonds without discovering the contractor was unlicens
• Malin v. Ivax Corp.
  17 F. Supp. 2d 1345· S.D. Fla.· 1998-08-18 ·cited 17×
  The court held that the Private Securities Litigation Reform Act of 1995 requires plaintiffs to plead facts giving rise to a strong inference of scienter, and that the plaintiffs failed to meet this heightened pleading standard.
• Jimenez v. State
  715 So. 2d 1038· Fla. 3d DCA· 1998-07-29 ·cited 17×
  Juan Jimenez was convicted of conspiracy to traffic in cocaine, possession of cocaine, and resisting an officer without violence following a jury trial in a reverse sting operation. The appellate court affirmed his convictions, finding sufficient circumstantial evidence to suppor
• United States v. O'Campo
  973 F.2d 1015· 1st Cir.· 1992-09-03 ·cited 17×
  The court held that while the evidence was sufficient to convict Redeondo for conspiracy and aiding and abetting, the sentencing calculation improperly included drug amounts from transactions that occurred while Redeondo was incarcerated.
• United States v. Penagaricano-Soler
  911 F.2d 833· 1st Cir.· 1990-08-16 ·cited 17×
  The court affirmed the conviction for currency reporting violations but remanded for further sentencing proceedings.
• United States v. Shearn Moody, Jr.
  903 F.2d 321· 5th Cir.· 1990-05-30 ·cited 17×
  The court held that the trial court erred by prohibiting the impeachment of hearsay declarants and by denying the defendant an opportunity for surrebuttal testimony, requiring reversal and remand.
• United States v. Duncan
  855 F.2d 1528· 11th Cir.· 1988-09-29 ·cited 17×
  The court affirmed the conviction, holding that any error in the jury instruction was either a transcription mistake or harmless, and that evidence of the victim's virginity was admissible to refute the consent defense in the kidnapping charge.
• United States v. O'Dell
  805 F.2d 637· 6th Cir.· 1986-11-17 ·cited 17×
  The court held that the district court did not abuse its discretion in denying the defendant's motion for a new trial based on newly discovered evidence, nor in refusing to hold an evidentiary hearing.
• United States v. Medina-Gasca
  739 F.2d 1451· 9th Cir.· 1984-08-10 ·cited 17×
• United States v. Hogg
  670 F.2d 1358· 4th Cir.· 1982-02-16 ·cited 17×
• United States v. Leake
  642 F.2d 715· 4th Cir.· 1981-02-24 ·cited 17×
  The court held that the district court committed prejudicial error by improperly limiting the cross-examination of a key prosecution witness and by excluding relevant testimony offered by the defense, necessitating a new trial.
• United States v. DeVINCENT
  632 F.2d 155· 1st Cir.· 1980-09-16 ·cited 17×
  An acquittal on a broader RICO conspiracy charge does not bar retrial on a lesser included or separate substantive extortion charge where a mistrial was declared due to a hung jury.
• United States v. Mouton
  617 F.2d 1379· 9th Cir.· 1980-05-06 ·cited 17×
  The court held that 18 U.S.C. § 656 requires only that misapplied moneys be assets of an insured bank, not that the specific moneys be federally insured, and that recorded conversations were properly admitted. The court also found the prosecutor's comments and jury instructions t
• United States v. Barclay
  560 F.2d 812· 7th Cir.· 1977-08-18 ·cited 17×
  The court held that the jury instructions on specific intent were inadequate, requiring reversal of the conviction.
• Stark v. State
  316 So. 2d 586· Fla. 4th DCA· 1975-07-18 ·cited 17×
  Virginia Stark was convicted of selling stolen automobiles with altered vehicle identification numbers, but the Florida Court of Appeal reversed because the State failed to prove she had knowledge of the VIN alteration at the time of sale. The court held that for specific intent
• Minerva Figueroa v. United States
  352 F.2d 587· 9th Cir.· 1965-11-03 ·cited 17×
  The court held that sufficient evidence existed to sustain a jury's finding that the appellant possessed the marihuana, even if direct physical custody was not proven.
• United States v. Fiore John Luciano and William Dunn
  343 F.2d 172· 4th Cir.· 1965-03-03 ·cited 17×
  The court held that the evidence was sufficient to support the conviction of both defendants for transporting a stolen vehicle interstate, and that their joint representation by counsel did not constitute a constitutional abridgment.
• Smith v. State
  147 Fla. 191· Fla.· 1941-03-18 ·cited 17×
  John Smith and J. W. Chancey were convicted of assault with intent to commit murder in the first degree, with Smith as principal in the first degree and Chancey as principal in the second degree. The Florida Supreme Court affirmed the conviction as to Smith but reversed as to Cha
• Med. & Chiropractic Clinic, Inc. v. Oppenheim
  981 F.3d 983· 11th Cir.· 2020-12-01 ·cited 16×
  Class counsel owes a duty of loyalty and confidentiality to the class as a whole, not to individual class representatives separately from the class.
• Otto Candies, LLC v. Citigroup, Inc.
  963 F.3d 1331· 11th Cir.· 2020-07-01 ·cited 16×
  Otto Candies, LLC, involving U.S. and foreign plaintiffs suing Citigroup for fraud related to a fraudulent credit facility scheme, reversed the district court's forum non conveniens dismissal and held that domestic plaintiffs receive a strong presumption favoring their chosen U.S
• In re Fundamental Long Term Care, Inc. v. Rubin Schron
  873 F.3d 1325· 11th Cir.· 2017-10-19 ·cited 16×
  The Eleventh Circuit affirmed the dismissal of all claims against real-estate investor Rubin Schron in a complex bankruptcy adversary proceeding arising from a "bust-out" scheme in which nursing-home operators transferred assets to judgment-proof entities to evade liability for $
• A.D. v. State
  106 So. 3d 67· Fla. 2d DCA· 2013-02-06 ·cited 16×
  A juvenile appellant (A.D.) was adjudicated delinquent for multiple offenses stemming from a nighttime incident involving trespassing on private property, an ATV crash, and the theft of a minivan. The court reversed the adjudications for burglary and grand theft of the motor vehi
• Daewoo Motor Am., Inc. v. Gen. Motors Corp.
  459 F.3d 1249· 11th Cir.· 2006-08-11 ·cited 16×
  Daewoo Motor America, Inc., a U.S. subsidiary and exclusive distributor of Daewoo vehicles, challenged the dismissal of claims against General Motors and others arising from a Korean bankruptcy reorganization that transferred Daewoo Korea's assets to a new entity (GMDAT), which t
• Isom v. State
  619 So. 2d 369· Fla. 3d DCA· 1993-05-25 ·cited 16×
  Douglas Isom was convicted of trafficking in cocaine and conspiracy to traffic in cocaine based on evidence that he directed drug transactions from jail through his wife and confederates. The court affirmed the convictions on counts I and II but reversed the sentencing, finding t
• United States v. Jewett
  978 F.2d 248· 6th Cir.· 1992-10-26 ·cited 16×
  The court held that restitution under the Victim Witness and Protection Act is limited to losses caused by the specific conduct underlying the offense of conviction, not the entire fraudulent scheme, and that retroactive application of a 1990 amendment expanding restitution scope
• United States v. Easley
  977 F.2d 283· 7th Cir.· 1992-10-02 ·cited 16×
  The court held that the district court did not err in refusing to give a 'missing witness' instruction and in applying a two-point enhancement for obstruction of justice based on perjury.
• United States v. Orestes Luciano Abreu
  962 F.2d 1425· 10th Cir.· 1992-04-13 ·cited 16×