Aiding And Abetting

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

• Miccosukee Tribe OF Indians of Florida v. Lewis Tein, P.L.
  227 So. 3d 656· Fla. 3d DCA· 2017-08-09 ·cited 9×
  The Miccosukee Tribe of Indians appealed a trial court's denial of its motion to dismiss based on tribal sovereign immunity in a lawsuit by attorneys Lewis and Tein for malicious prosecution and civil RICO violations. The court reversed, holding that while the Tribe had waived im
• Linwood Lewis v. State
  22 So. 3d 753· Fla. 4th DCA· 2009-11-18 ·cited 9×
  Linwood Lewis appeals his convictions for first-degree murder and attempted robbery, challenging the adequacy of a Richardson discovery hearing, the denial of his motion for judgment of acquittal, and a jury instruction that included co-perpetrators' names. The Fourth District af
• AXA Equitable Life Ins. v. Infinity Fin. Grp., LLC
  608 F. Supp. 2d 1330· S.D. Fla.· 2009-03-31 ·cited 9×
  The court held that while arbitration should be compelled for arbitrable claims, a stay of non-arbitrable claims is not warranted when parallel litigation is feasible and efficient.
• Hodge v. State
  970 So. 2d 923· Fla. 4th DCA· 2008-01-02 ·cited 9×
  Michael Hodge, a 13-year-old, appeals his first-degree murder conviction for a robbery-murder. The court affirmed, holding that the trial court properly denied Hodge's motion for judgment of acquittal where sufficient evidence showed his participation in the underlying robbery (r
• In re Managed Care Litigation
  150 F. Supp. 2d 1330· S.D. Fla.· 2001-06-20 ·cited 9×
  The court held that plaintiffs sufficiently alleged RICO claims to survive a motion to dismiss, but dismissed ERISA claims for failure to exhaust administrative remedies and RICO claims for failure to plead predicate acts with particularity, except for specific plaintiffs.
• Messer v. State
  757 So. 2d 526· Fla. 4th DCA· 2000-03-22 ·cited 9×
  Robert Messer was convicted of manslaughter as an aider and abettor to murder. The Fourth District affirmed his conviction, finding sufficient evidence that he intentionally assisted in the crime through his presence, knowledge of the perpetrators' intent, and post-murder actions
• Jones v. State
  648 So. 2d 1210· Fla. 4th DCA· 1995-01-11 ·cited 9×
  Jones was convicted of robbery with a firearm and challenged the jury instruction that his knowledge of his codefendant's firearm was unnecessary for conviction. The court affirmed, holding that under accomplice liability principles, all participants in a robbery are guilty as pr
• CBS Inc. v. Davis
  510 U.S. 1315· U.S.· 1994-02-09 ·cited 9×
  A prior restraint on broadcasting news footage, even if obtained through questionable means, is presumptively unconstitutional and requires a strong showing of irreparable harm that cannot be mitigated by less intrusive measures.
• United States v. De la Jara
  973 F.2d 746· 9th Cir.· 1992-08-21 ·cited 9×
  The court held that the district court erred in denying the motion to suppress statements made after the defendant invoked his right to counsel, and that the admission of an attorney-client privileged letter was not reversible error because the privilege was waived.
• McCANTS v. State
  587 So. 2d 673· Fla. 1st DCA· 1991-10-24 ·cited 9×
  The court held that the evidence was insufficient to establish a conspiracy to commit robbery because no agreement between the appellant and another individual was proven.
• United States v. Guerrero
  935 F.2d 189· 11th Cir.· 1991-07-05 ·cited 9×
  The court held that sufficient evidence supported the defendant's convictions for conspiracy to possess and distribute cocaine base, and possession with intent to distribute, and that the jury instructions on aiding and abetting and deliberate ignorance did not constitute plain e
• United States v. Maria Enriqueta Cirila Trinidad de Jongh
  937 F.2d 1· 1st Cir.· 1991-06-05 ·cited 9×
  The court held that a prosecutor's brief meeting with a government witness before cross-examination, without a sequestration order, did not warrant striking testimony or a mistrial, and that a foreign public document lacking required certification was inadmissible.
• United States v. Piedrahita-Santiago
  931 F.2d 127· 1st Cir.· 1991-04-23 ·cited 9×
  The court held that the district court properly exercised jurisdiction and that the evidence was sufficient to convict the appellants of drug possession on a stateless vessel, and affirmed the sentences.
• United States v. Boldt
  929 F.2d 35· 1st Cir.· 1991-04-03 ·cited 9×
  The court affirmed the conviction and sentence, finding the evidence sufficient and rejecting the defendant's claims of improper impeachment, prosecutorial misconduct, erroneous jury instructions, and sentencing error.
• Gov't Pers. Servs., Inc. v. Gov't Pers. Mut. Life Ins.
  759 F. Supp. 792· M.D. Fla.· 1991-03-14 ·cited 9×
  The court held that a fraud claim arising from the same facts as a breach of contract claim is barred by the economic loss rule, absent physical injury or property damage.
• United States v. LaDonna Kay Oliver
  908 F.2d 260· 8th Cir.· 1990-07-03 ·cited 9×
  The court held that the district court did not err in denying the motion to compel a witness's address, nor in admitting the detective's opinion testimony, but that the application of Sentencing Guideline § 4B1.3 for sentence enhancement was not adequately explained.
• Kett v. United States
  722 F.2d 687· 11th Cir.· 1984-01-09 ·cited 9×
  The court held that the district court properly denied Kett's motion to vacate his sentence, as his claims regarding outrageous government conduct, ineffective assistance of counsel, and preclusion of an entrapment defense lacked merit.
• United States v. Robinson
  716 F.2d 1095· 6th Cir.· 1983-09-07 ·cited 9×
  A prosecutor's direct comment on a defendant's failure to testify, even if defense counsel 'opens the door,' constitutes reversible error under the Fifth Amendment unless shown to be harmless beyond a reasonable doubt.
• United States v. Bennett
  675 F.2d 596· 4th Cir.· 1982-04-02 ·cited 9×
  The court held that the trial court did not abuse its discretion in denying the request for an in-court lineup and that an unloaded weapon brandished during a robbery constitutes a dangerous weapon under 18 U.S.C. § 2113(d).
• United States v. Frantze
  655 F.2d 128· 8th Cir.· 1981-07-30 ·cited 9×
  The court held that the district court did not err in refusing to disclose the informant's address, permitting the informant to testify, refusing a jury instruction on possession, denying a motion for acquittal, refusing to offer an equal plea agreement, or denying a motion to di
• United States v. Sublet
  644 F.2d 737· 8th Cir.· 1981-03-25 ·cited 9×
  The court held that the district court did not abuse its discretion in denying the motion for a mistrial based on a juror's overhearing a spectator's comment, nor was there a Sixth Amendment violation regarding the lineup, and the evidence was sufficient to support the conviction
• United States v. Brandenfels
  522 F.2d 1259· 9th Cir.· 1975-06-30 ·cited 9×
  The court held that the district court did not err in denying a continuance for the return of a witness or in refusing to admit a tape recording under the hearsay exception for declarations against interest.
• Garcia v. State
  204 So. 2d 340· Fla. 3d DCA· 1967-09-26 ·cited 9×
  The Florida District Court of Appeal affirmed a conviction for manslaughter, holding that the evidence was sufficient to establish the defendant's active participation in the crime, even though he did not directly cause the death.
• Baker v. State
  137 Fla. 27· Fla.· 1939-03-14 ·cited 9×
  James Baker was convicted of first-degree murder as an aider and abettor in the deliberate robbery and killing of John H. Surrency. The Florida Supreme Court affirmed the conviction, holding that the jury verdict was amply supported by evidence of Baker's participation in a plann
• State v. Coleman
  126 Fla. 203· Fla.· 1936-11-18 ·cited 9×
  This case concerns whether installing telephone service for a known gaming house constitutes aiding and abetting a crime. The court held that simply providing a utility service, even with knowledge of its potential illegal use, does not make the provider an accessory before the f
• Principal Growth Strategies, LLC v. AGH Parent LLC
  Del. Ch.· 2023-01-09 ·cited 8×
  The court granted Senior Health Insurance Company of Pennsylvania's (SHIP) motion to stay the litigation in deference to its Pennsylvania rehabilitation proceeding, finding that all applicable Freestone factors weighed in favor of a stay. However, the court denied Fuzion Analytic
• Fisher v. PNC Bank, N.A.
  2 F.4th 1352· 11th Cir.· 2021-06-29 ·cited 8×
  The Eleventh Circuit held that the district court erred in dismissing the case under the probate exception and for lack of standing, as the claims did not require interference with state probate matters and Fisher had standing.
• In re Orchard Enters.
  2013 WL 1282001· Del. Ch.· 2014-02-28 ·cited 8×
  The Delaware Court of Chancery denied in part and granted in part cross-motions for summary judgment. The court held that the notice of merger contained a material misstatement, that the standard of review for trial would be entire fairness with the burden of persuasion on the de
• Rubin v. Gabay
  979 So. 2d 988· Fla. 4th DCA· 2008-02-13 ·cited 8×
  Brian Rubin was held liable for securities fraud as an agent under Florida's securities statute after referring an investor to another stockbroker who defrauded the investor. The appellate court reversed, finding no evidence that Rubin acted as an agent or participated in the fra
• Sec. & Exch. Comm'n v. K.W. Brown & Co.
  555 F. Supp. 2d 1275· S.D. Fla.· 2008-01-04 ·cited 8×
  The court found the defendants liable for violations of federal securities laws, including anti-fraud and books and records provisions, due to a cherry-picking scheme and misleading disclosures.
• Hayes v. State
  958 So. 2d 571· Fla. 4th DCA· 2007-06-20 ·cited 8×
  Charles Hayes appealed the summary denial of his rule 3.850 post-conviction relief motion. The court reversed the denial because the trial court failed to comply with procedural requirements by not stating its rationale or attaching record excerpts demonstrating that the defendan
• Lewis B. Freeman for NorthAmerican Fin. Servs., Inc. v. Dean Witter Reynolds, Inc.
  865 So. 2d 543· Fla. 2d DCA· 2003-12-19 ·cited 8×
  A receiver for a Ponzi scheme corporation (NorthAmerican) and its individual customers appealed the dismissal of their complaint against Dean Witter Reynolds, a broker-dealer employee, and a law firm. The court held that the receiver lacked standing to pursue claims on behalf of
• In re Managed Care Litigation
  132 F. Supp. 2d 989· S.D. Fla.· 2000-12-11 ·cited 8×
  The court held that ERISA claims are generally arbitrable, nonsignatories cannot compel arbitration based on equitable estoppel in this context, and class action status does not prevent compelling arbitration for named plaintiffs who agreed to arbitrate.
• Cuevas v. State
  741 So. 2d 1234· Fla. 5th DCA· 1999-10-01 ·cited 8×
  The court concurred specially, finding the issue difficult, and discussed the supreme court's reaffirmation that truly inconsistent verdicts on legally interlocking charges cannot stand, while factually inconsistent verdicts may.
• T.B. v. State
  732 So. 2d 1163· Fla. 1st DCA· 1999-04-16 ·cited 8×
  T.B., a juvenile, was adjudicated delinquent for false imprisonment (a lesser included offense of kidnapping) and driving without a valid license. The appellate court affirmed the adjudication on the basis that T.B. aided and abetted his brother's false imprisonment of a woman by
• Gale v. State
  726 So. 2d 328· Fla. 2d DCA· 1999-01-15 ·cited 8×
  Milton Gale was convicted of three counts of robbery with a firearm based on circumstantial evidence that he was a principal in the crimes. The Florida appellate court reversed his convictions and directed his discharge, finding the evidence insufficient to prove his specific int
• Sikes v. State
  711 So. 2d 250· Fla. 4th DCA· 1998-06-03 ·cited 8×
  The court held that there was sufficient evidence to establish the appellant's intent to participate in the crimes of carjacking and kidnapping, and that his actions constituted sufficient participation.
• R.M. v. State
  664 So. 2d 42· Fla. 4th DCA· 1995-12-06 ·cited 8×
  R.M., a juvenile, was convicted of battery as an aider and abettor after being struck by a tile thrown by an unidentified youth at an arcade. The court affirmed the sufficiency of evidence for aider-and-abettor liability but reversed for a new trial because R.M. did not provide w
• State v. Williams
  637 So. 2d 45· Fla. 2d DCA· 1994-05-13 ·cited 8×
  The State appealed a downward departure sentence imposed on Reginald Williams for sexual battery with a deadly weapon, kidnapping, and grand theft. The appellate court affirmed the convictions but reversed the sentence, holding that the trial court's reliance solely on Williams'
• United States v. Straach
  987 F.2d 232· 5th Cir.· 1993-03-19 ·cited 8×
  The court held that sufficient evidence supported the jury's verdict for willful sales of firearms to nonresidents, and that inconsistent or compromised jury verdicts do not warrant a mistrial.
• United States v. Dixon
  982 F.2d 116· 3d Cir.· 1992-12-30 ·cited 8×
  The majority opinion, to the extent it upholds the three-point increase under § 2B3.1(b)(2)(C) of the guidelines for a hand not being a dangerous weapon, is incorrect.
• United States v. Long
  977 F.2d 1264· 8th Cir.· 1992-10-20 ·cited 8×
  The court affirmed the convictions and sentences, finding sufficient evidence for money laundering and conspiracy charges, and rejecting claims of instructional error, prejudicial cross-examination, unconstitutional vagueness, and improper denial of severance.
• United States v. Lara
  975 F.2d 1120· 5th Cir.· 1992-10-14 ·cited 8×
  The court held that the district court erred in applying U.S.S.G. § 2J1.7 by analogy to enhance the sentence for an offense committed while on release, as the enhancement is intended for the new crime, not the original one.
• United States v. Singer
  970 F.2d 1414· 5th Cir.· 1992-08-21 ·cited 8×
  The court held that the search warrant was valid, evidence was admissible, discovery violations did not prejudice the defendant, the evidence was sufficient for conviction, and the sentence was properly calculated under the Sentencing Guidelines.
• United States v. Gessa
  971 F.2d 1257· 6th Cir.· 1992-08-07 ·cited 8×
  The court held that the district court's sentencing determination regarding the inclusion of the 2500 kilograms of cocaine was unclear and required remand for specific findings on the defendant's intent and capability. The conviction was affirmed.
• United States v. Gaines
  969 F.2d 692· 8th Cir.· 1992-07-14 ·cited 8×
  The court held that there was sufficient evidence to sustain convictions for conspiracy, constructive possession, and attempted possession of heroin, and that the exclusion of certain testimony was not an abuse of discretion.
• United States v. Frazier
  971 F.2d 1076· 4th Cir.· 1992-06-12 ·cited 8×
  The court held that conditioning a sentence reduction for acceptance of responsibility on the defendant's cooperation, even if it involves providing potentially incriminating information, does not unconstitutionally compel self-incrimination under the Fifth Amendment.
• United States v. Logan
  949 F.2d 1370· 5th Cir.· 1991-12-20 ·cited 8×
  The court affirmed the convictions of Logan and Stanley, finding no reversible error in the admission of evidence or the application of legal standards.
• Levine v. Diamanthuset, Inc.
  950 F.2d 1478· 9th Cir.· 1991-12-19 ·cited 8×
  The court held that the complaint failed to state a claim for securities fraud against Wilmington and Security Pacific, as the attached documents contradicted the allegations of their roles as fiduciaries or participants in the fraud.
• Rager v. State
  587 So. 2d 1366· Fla. 2d DCA· 1991-09-27 ·cited 8×
  Kenneth Rager's convictions for racketeering, securities fraud, and grand theft in connection with limited partnership schemes were reversed due to insufficient evidence of his involvement and knowledge of the illegal acts. The appellate court found that while fraud occurred, the