Aiding And Abetting

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

• United States v. Cheatham
  899 F.2d 747· 8th Cir.· 1990-04-02 ·cited 7×
  The court held that the trial court did not err in restricting cross-examination, instructing the jury on good faith, or denying motions for mistrial due to allegedly untimely Brady disclosures, and affirmed the convictions.
• United States v. Johnson ST. Clair
  855 F.2d 518· 8th Cir.· 1988-08-17 ·cited 7×
  The court held that the trial court erred in denying a new trial based on a juror's failure to disclose relevant experience during voir dire, and that a cautionary instruction was insufficient to cure testimony about the defendant's refusal to take a polygraph test.
• Little v. Butler
  848 F.2d 73· 5th Cir.· 1988-06-28 ·cited 7×
  The court affirmed the denial of habeas corpus relief, holding that the evidence supported the conviction for attempted armed robbery and that the sentence was not excessive.
• United States v. Herrera
  832 F.2d 833· 4th Cir.· 1987-11-02 ·cited 7×
  The court held that while references to polygraph tests in plea agreements are improper, such references were harmless error in this case, and the appellants' other contentions lacked merit.
• United States v. Richardson
  817 F.2d 886· D.C. Cir.· 1987-05-01 ·cited 7×
  The court held that the District Court's failure to repeat the jury admonition not to discuss the case was not reversible error, as the initial admonition was given, the trial was short, and no improper contact was alleged.
• Buffo v. Graddick
  742 F.2d 592· 11th Cir.· 1984-09-20 ·cited 7×
  The court held that the evidence was sufficient to support Buffo's conviction for aiding and abetting securities fraud, and that Alabama had proper jurisdiction and venue.
• United States v. Jamiel Alexander Chagra
  735 F.2d 870· 5th Cir.· 1984-07-09 ·cited 7×
  The court held that the appeal was timely and that the district court did not abuse its discretion in denying the motion for a new trial without an evidentiary hearing because the allegedly perjured testimony was not material.
• Hall v. Wainwright
  565 F. Supp. 1222· M.D. Fla.· 1983-05-18 ·cited 7×
  The court held that certain claims were procedurally defaulted and precluded from federal habeas review absent a showing of cause and prejudice, which the petitioner failed to demonstrate. Other claims were either exhausted or could be considered on their merits.
• United States v. Hernandez
  625 F.2d 2· 1st Cir.· 1980-06-18 ·cited 7×
  The court held that the evidence was insufficient to prove the appellant's specific intent to join the larger conspiracy to distribute eight pounds of cocaine.
• United States v. Alfrey
  612 F.2d 180· 5th Cir.· 1980-02-20 ·cited 7×
  The court held that Customs officers have authority to stop and board vessels in customs waters for document checks without suspicion, and that the plain view doctrine and probable cause justified the subsequent search. The court also found insufficient evidence for certain convi
• United States v. Kelley
  559 F.2d 399· 5th Cir.· 1977-09-19 ·cited 7×
  The court held that there was sufficient evidence to support the conviction and that the defendant received effective assistance of counsel.
• United States v. Rimar
  558 F.2d 1271· 6th Cir.· 1977-07-27 ·cited 7×
  The court held that the unusual trial procedure with simultaneous prosecutions before two juries and the judge did not deprive the defendants of a fair trial, and other contentions were without merit.
• United States v. Goodwin
  531 F.2d 347· 6th Cir.· 1976-02-16 ·cited 7×
  The court held that the defendant's Sixth Amendment right to effective assistance of counsel was violated due to his attorney's failure to adequately investigate, understand the charges, and advise the defendant, leading to a self-incriminating testimony.
• Northway, Inc. v. TSC Indus., Inc.
  512 F.2d 324· 7th Cir.· 1975-03-05 ·cited 7×
  The court held that the failure to disclose certain information regarding National's control over TSC and the true favorability of the merger terms constituted material misrepresentations under Rule 14a-9, warranting reversal of summary judgment denial. However, the court affirme
• Sec. & Exch. Comm'n v. First Sec. Co. OF Chicago
  466 F.2d 1035· 7th Cir.· 1972-08-01 ·cited 7×
  The court held that the estate of Arnold C. Sehueren should be allowed to recover from First Securities Company for Nay's theft of securities, based on principles of apparent authority and First Securities' failure to supervise.
• Roberson v. Junior
  46 Fla. L. Weekly D2572· Fla. 3d DCA· 2022-03-16 ·cited 6×
  A trial court does not abuse its discretion in denying pretrial bond when the state establishes proof of guilt is evident or presumption of guilt is great, and the defendant fails to present evidence of conditions that would assure his presence at trial and protect the community.
• Icmfg & Assocs., Inc. v. The Bare Bd. Grp., Inc.
  238 So. 3d 326· Fla. 2d DCA· 2017-03-17 ·cited 6×
  ICMfg and Associates appealed a judgment awarding damages to The Bare Board Group for breach of fiduciary duty and tortious interference. The court upheld sanctions striking appellants' pleadings for fraud on the court but reversed lost profits damages, holding that a default on
• Kipnis v. Bayerische Hypo-Und Vereinsbank, AG
  784 F.3d 771· 11th Cir.· 2015-04-17 ·cited 6×
  Plaintiffs, who participated in a fraudulent CARDS tax shelter scheme promoted by HVB, sued HVB for fraud, breach of fiduciary duty, and related claims nearly 12 years after the transaction terminated. The district court dismissed the complaint as time-barred under Florida's stat
• Davis v. State
  95 So. 3d 340· Fla. 5th DCA· 2012-07-27 ·cited 6×
  Chad Davis appeals his convictions for trafficking in cocaine and conspiracy to traffic in cocaine. The court reversed the conspiracy conviction, finding insufficient evidence of an agreement to commit the same criminal act, while affirming the trafficking conviction. The court a
• Lincoln Jackson v. State
  74 So. 3d 563· Fla. 4th DCA· 2011-11-16 ·cited 6×
  The court held that the evidence was insufficient to establish an agreement to traffic in oxycodone, reversing the conviction for conspiracy.
• KPMG LLP v. Cocchi
  51 So. 3d 1165· Fla. 4th DCA· 2010-12-22 ·cited 6×
  KPMG, the auditor of investment partnerships that lost money in the Madoff Ponzi scheme, appealed orders denying its motion to compel arbitration and its motion to dismiss for forum non conveniens. The Fourth District affirmed both orders, holding that the arbitration clause in K
• Cleveland Hanks v. State
  43 So. 3d 917· Fla. 2d DCA· 2010-09-10 ·cited 6×
  Cleveland Hanks appealed his aggravated battery conviction, challenging the trial court's instruction to the jury on the principals theory of liability. The appellate court found the instruction was unsupported by the evidence and reversed, ordering a new trial.
• Peters v. State
  33 So. 3d 812· Fla. 4th DCA· 2010-04-28 ·cited 6×
  The court held that the standard jury instruction on principals was sufficient and did not err in refusing a special jury instruction on 'mere presence'.
• Sec. & Exch. Comm'n v. Solow
  682 F. Supp. 2d 1312· S.D. Fla.· 2010-01-22 ·cited 6×
  The court found the defendant in civil contempt for failing to comply with the final judgment, as his claimed inability to pay was self-created through dissipation of assets.
• Abuelhawa v. United States
  556 U.S. 816· U.S.· 2009-05-26 ·cited 6×
  A defendant's phone calls to arrange a misdemeanor drug purchase do not violate the Controlled Substances Act's prohibition on using a communication facility to facilitate a felony, as the buyer's role is primary, not facilitative.
• In re Managed Care Litigation
  430 F. Supp. 2d 1336· S.D. Fla.· 2006-06-19 ·cited 6×
  The court held that the evidence presented was insufficient for a reasonable jury to find that the defendants conspired to manipulate claims processing software to systematically underpay doctors.
• Shaw v. State
  824 So. 2d 265· Fla. 4th DCA· 2002-08-21 ·cited 6×
  Herman Shaw was convicted of first-degree murder and armed robbery for his participation as an aider and abettor in a taxi driver robbery and shooting committed by his co-defendant Lacue. Shaw appeals on grounds that collateral crime evidence was inadmissible, an independent act
• In re Cascade Int'l Sec. Litig.
  840 F. Supp. 1558· S.D. Fla.· 1993-12-16 ·cited 6×
  The court held that law firms are not liable for securities fraud or aiding and abetting absent a fiduciary duty to third parties or a conscious intent to defraud, and that RICO claims require participation in the operation or management of the enterprise.
• United States v. Irvin Alamia Moran (91-6309) & Rena Morales (91-6310)
  998 F.2d 1368· 6th Cir.· 1993-07-16 ·cited 6×
  The court held that the time granted for filing pretrial motions is excludable from the Speedy Trial Act's seventy-day calculation, and that the traffic stop was constitutional.
• Allstate Life Ins. Co. v. Linter Grp. Ltd.
  994 F.2d 996· 2d Cir.· 1993-06-02 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing securities actions on the grounds of comity and forum non conveniens, recognizing Australian liquidation proceedings.
• Taylor v. State
  619 So. 2d 1017· Fla. 5th DCA· 1993-05-28 ·cited 6×
  Melvin Taylor was convicted of false imprisonment, sexual battery, and aiding and abetting sexual battery. The trial court enhanced the aiding and abetting charge from a second-degree to a first-degree felony under Florida's gang rape statute and assessed victim injury points. Ta
• United States v. Canon
  993 F.2d 1439· 9th Cir.· 1993-05-20 ·cited 6×
  Possession of a firearm by a felon is not a "crime of violence" under 18 U.S.C. § 924(c), and prior felony convictions can qualify for armed career criminal enhancements under U.S.S.G. § 4B1.4.
• United States v. Garcia
  992 F.2d 409· 2d Cir.· 1993-04-22 ·cited 6×
  The court held that the jury instructions on extortion under color of official right were flawed because they did not adequately incorporate the quid pro quo requirement established in subsequent Supreme Court decisions, necessitating a reversal of the convictions.
• Sec. & Exch. Comm'n v. Rind
  991 F.2d 1486· 9th Cir.· 1993-04-19 ·cited 6×
  The Securities and Exchange Commission is not subject to a statute of limitations for civil enforcement actions seeking disgorgement, and defendants are not entitled to a jury trial in such actions.
• United States v. Gutierrez-Silva
  983 F.2d 123· 8th Cir.· 1993-01-06 ·cited 6×
  The court held that an unloaded firearm found in proximity to drugs is sufficient to support a conviction for using a firearm during a drug trafficking crime.
• United States v. Barnhart
  979 F.2d 647· 8th Cir.· 1992-11-10 ·cited 6×
  The court held that the district court improperly instructed the jury on willful blindness, and this error was not harmless because the evidence of guilt was not overwhelming.
• United States v. Slater
  971 F.2d 626· 10th Cir.· 1992-08-04 ·cited 6×
  The court held that the evidence presented was insufficient to prove an agreement to possess cocaine, as charged in the indictment, and therefore the conspiracy conviction should be reversed.
• United States v. Swinney
  970 F.2d 494· 8th Cir.· 1992-07-30 ·cited 6×
  The court affirmed convictions and sentences, finding no error in the Batson challenge, venue determination, denial of self-representation or continuance, or severance motions.
• United States v. Edo-Ogohmwensemwen Iueiore Lghodaro
  967 F.2d 1028· 5th Cir.· 1992-07-24 ·cited 6×
  The court held that the defendant could be held accountable for his brother's fraudulent claims as relevant conduct and that the intended loss, rather than the actual loss, should be used for sentencing calculations. The court also affirmed the denial of a reduction for acceptanc
• United States v. Hiram Stanley Sasser, II
  971 F.2d 470· 10th Cir.· 1992-07-13 ·cited 6×
  The court held that it lacked jurisdiction over the government's cross-appeal due to untimeliness and that there was insufficient evidence to support convictions for false statements on commitment certificates, but sufficient evidence for false statements on settlement statements
• United States v. Uresti-Hernandez
  968 F.2d 1042· 10th Cir.· 1992-07-02 ·cited 6×
  The court held that the evidence was sufficient to convict the defendant of transporting illegal aliens and aiding and abetting, and that the jury instruction on 'reckless disregard' was not plain error.
• United States v. Bluske
  969 F.2d 609· 8th Cir.· 1992-07-02 ·cited 6×
  The court held that the district court erred in relying solely on the presentence report's unsupported conclusions to determine drug quantities for sentencing, and that a serious question was raised regarding the attorney's conflict of interest. The court vacated the sentence and
• United States v. Razo-Leora
  961 F.2d 1140· 5th Cir.· 1992-05-15 ·cited 6×
  The court held that the evidence was sufficient to support the convictions of both defendants and that the restitution award and jury instructions were not erroneous.
• United States v. Radix Labs.
  963 F.2d 1034· 7th Cir.· 1992-05-14 ·cited 6×
  The court held that the government's late disclosure of employee affidavits, while not ideal, did not constitute reversible error or undue prejudice requiring resentencing, as the defendants received a summary and had an opportunity to cross-examine the witness.
• United States v. Hart
  963 F.2d 1278· 9th Cir.· 1992-05-07 ·cited 6×
  The court held that inconsistent jury verdicts, where a defendant is acquitted of a substantive offense but convicted of conspiracy, do not require acquittal on the conspiracy charge, and that the evidence was sufficient to support the conspiracy convictions.
• United States v. Neal
  951 F.2d 630· 5th Cir.· 1992-01-13 ·cited 6×
  The court held that the indictment sufficiently alleged obstruction of justice and that the jury instructions on aiding and abetting and the evidence presented were adequate to support the conviction.
• United States v. Scott Tisdale (90-3302)
  952 F.2d 934· 6th Cir.· 1992-01-02 ·cited 6×
  The court should remand the firearm enhancement aspect of the sentence because the district court failed to articulate specific factual grounds for finding that the defendant reasonably should have foreseen his coconspirator's possession of the weapon.
• Grant v. State
  586 So. 2d 438· Fla. 1st DCA· 1991-09-16 ·cited 6×
  The court held that while most reasons for a departure sentence were invalid, one reason—racial prejudice—was valid and supported by the record, thus affirming the sentence.
• United States v. Delia
  944 F.2d 1010· 2d Cir.· 1991-09-12 ·cited 6×
  The court held that venue was proper in the Southern District of New York because the 'making' of the forged checks, including the acquisition of necessary components, began there, and that the district court did not abuse its discretion in admitting evidence of the defendant's a
• United States v. Hornick
  942 F.2d 105· 2d Cir.· 1991-08-07 ·cited 6×
  The court held that conduct occurring before a threat is made cannot serve as proof of an intent to carry out that threat under U.S.S.G. § 2A6.1(b)(1).