-
580 F. Supp. 572·
S.D. Fla.·
1984-02-13
·cited 4×
The court held that fraud allegations were sufficiently particularized, the statute of limitations was tolled by fraudulent concealment, and a private right of action could not be implied under Fla. Stat. § 517.03(1).
-
718 F.2d 700·
5th Cir.·
1983-10-17
·cited 4×
The court held that a mistrial was not required despite prejudicial 'other-crime' testimony because the overwhelming evidence of guilt rendered the improper statement without substantial impact on the jury's verdict.
-
714 F.2d 854·
8th Cir.·
1983-08-19
·cited 4×
The court held that the trial court did not err in denying a hearing on alleged juror incompetence or a new trial, and that sufficient evidence supported the conviction.
-
710 F.2d 645·
10th Cir.·
1983-06-13
·cited 4×
The court held that the evidence was insufficient to support a first-degree murder conviction for aiding and abetting, as there was no proof Sanders had full knowledge of the perpetrator's intent to kill.
-
709 F.2d 155·
2d Cir.·
1983-05-27
·cited 4×
The court held that collateral estoppel does not bar reprosecution of a count on which the jury was unable to reach a verdict, as the defendant failed to prove the prior verdict necessarily resolved issues in his favor.
-
701 F.2d 1104·
4th Cir.·
1983-03-03
·cited 4×
The court held that the loan to Sun Carpet, which was a strawman for Mastertrax, constituted a willful misapplication of bank funds and a false entry, supporting the defendants' convictions.
-
693 F.2d 322·
4th Cir.·
1982-11-11
·cited 4×
The court held that check-kiting is not an offense within the terms of 18 U.S.C. § 1014, based on Supreme Court precedent.
-
424 So. 2d 25·
Fla. 4th DCA·
1982-11-10
·cited 4×
Florida appellate court affirmed LaMura's manslaughter conviction as an aider and abettor to a shooting death during a drug deal, finding sufficient evidence of his knowledge and participation in the crime.
-
684 F.2d 841·
11th Cir.·
1982-09-03
·cited 4×
The court held that the statute was not unconstitutional, the indictment was valid, the boarding and search were lawful, and the evidence was sufficient to support the conviction.
-
418 So. 2d 468·
Fla. 4th DCA·
1982-09-01
·cited 4×
Bernard Butts was convicted of aiding and abetting securities fraud in a mortgage note scheme, but the Florida District Court of Appeal reversed due to insufficient evidence linking Butts to any fraudulent misrepresentations or omissions in the actual sale of securities.
-
406 So. 2d 60·
Fla. 3d DCA·
1981-11-17
·cited 4×
-
660 F.2d 106·
4th Cir.·
1981-09-24
·cited 4×
The court held that the evidence was sufficient to sustain the convictions for importation and possession with intent to distribute marijuana, and that the trial court did not err in denying motions for judgments of acquittal.
-
657 F.2d 41·
4th Cir.·
1981-07-30
·cited 4×
The court held that the mailing of an invoice by Carboloy to Marathon was not sufficiently related to the scheme to defraud to support a mail fraud conviction because the scheme had already reached fruition before the mailing occurred.
-
644 F.2d 318·
4th Cir.·
1981-03-17
·cited 4×
The court held that the indictment sufficiently charged an offense under 18 U.S.C. § 656 by alleging willful misapplication of bank funds, complying with Federal Rule of Criminal Procedure 7.
-
651 F.2d 628·
9th Cir.·
1981-02-19
·cited 4×
The court denied the supplemental petition for rehearing, finding no basis for the defendant's claim of prosecutorial vouching.
-
640 F.2d 144·
8th Cir.·
1981-02-05
·cited 4×
The court held that the evidence presented at trial did not constitute an impermissible variance from the indictment, prosecutorial misconduct did not deprive the appellant of a fair trial, and the evidence was sufficient to support the conviction.
-
633 F.2d 696·
5th Cir.·
1980-12-29
·cited 4×
The court held that the evidence was sufficient to prove the bank was federally insured, the Allen charge was not coercive, and the admission of prior grand jury testimony was proper.
-
391 So. 2d 329·
Fla. 3d DCA·
1980-12-16
·cited 4×
-
634 F.2d 390·
8th Cir.·
1980-11-10
·cited 4×
The court held that the appellant's inculpatory statement was voluntary and that the consent to search was validly obtained, thus affirming the conviction.
-
632 F.2d 8·
6th Cir.·
1980-10-09
·cited 4×
The court held that substantial evidence supported Elzie Sizemore's conviction for making and possessing a destructive device, but not Frank Sizemore's conviction.
-
642 F.2d 699·
2d Cir.·
1980-08-26
·cited 4×
The court held that the indictment was not barred by the Speech or Debate Clause, as accepting bribes in exchange for official action falls outside its protection.
-
627 F.2d 7·
6th Cir.·
1980-08-01
·cited 4×
The court held that the warrantless search of a suitcase found in a seized automobile was unconstitutional, and the evidence found therein was improperly admitted.
-
621 F.2d 930·
8th Cir.·
1980-05-22
·cited 4×
The court held that the government presented sufficient evidence for a jury to infer that the transmitted communication contained a threat to injure the victim's reputation, supporting the conviction.
-
608 F.2d 1001·
4th Cir.·
1979-11-01
·cited 4×
The court held that the defendant's actions in attempting to facilitate a heroin transaction, even though unsuccessful in locating the drugs, constituted aiding and abetting the crime, and that the admission of evidence and procedural rulings were proper.
-
609 F.2d 974·
10th Cir.·
1979-10-19
·cited 4×
The court held that the trial court did not err in denying the motion to sever the trials of the defendants, nor was there insufficient evidence to support the wife's conviction.
-
602 F.2d 830·
8th Cir.·
1979-07-31
·cited 4×
The court held that the indictment was sufficient and any errors in testimony or law enforcement conduct did not warrant reversal of the conviction.
-
602 F.2d 639·
4th Cir.·
1979-07-09
·cited 4×
The court held that while the convictions were supported by evidence and the defendants were properly informed of the charges, the use of state law for a federal offense necessitated vacating the sentences for resentencing.
-
590 F.2d 1324·
5th Cir.·
1979-03-07
·cited 4×
The court held that even if evidence was admitted in violation of the Fourth Amendment, the error was harmless beyond a reasonable doubt due to overwhelming independent evidence of guilt.
-
577 F.2d 362·
6th Cir.·
1978-05-31
·cited 4×
The court held that the admission of evidence of other crimes or acts, without a limiting instruction to the jury, constituted reversible error when the evidence was used to prove intent or participation in the charged offense.
-
571 F.2d 334·
5th Cir.·
1978-04-17
·cited 4×
The court held that the evidence presented was sufficient to prove that the prison where the offenses occurred was within the exclusive and special territorial jurisdiction of the United States.
-
566 F.2d 617·
8th Cir.·
1977-12-06
·cited 4×
The court held that the evidence was sufficient as a matter of law to sustain the conviction of the appellant as an aider and abettor.
-
558 F.2d 899·
8th Cir.·
1977-07-25
·cited 4×
-
551 F.2d 651·
5th Cir.·
1977-04-29
·cited 4×
The court held that the defendants were not denied a fair trial due to judicial bias, venue issues, evidentiary rulings, or cumulative errors, and that the jury's verdict was supported by the evidence.
-
552 F.2d 761·
7th Cir.·
1977-04-04
·cited 4×
The court held that the arresting officer had probable cause to arrest the defendant, making the subsequent arrest and search lawful.
-
551 F.2d 738·
6th Cir.·
1977-03-31
·cited 4×
The court held that the evidence was sufficient to support the defendants' convictions for conspiracy and making false entries in bank records, and that the entries were indeed false as a matter of law.
-
549 F.2d 1097·
6th Cir.·
1977-02-22
·cited 4×
The court held that the jury instructions regarding "knowingly" for possession of stolen money were proper, and that the statute prohibiting obstruction of criminal investigations applied to the facts presented.
-
543 F.2d 1226·
8th Cir.·
1976-11-04
·cited 4×
The court held that the defendant's waiver of counsel for the lineup was knowing and intelligent, and that the jury instruction on aiding and abetting was proper. The evidence was also sufficient to support the conviction.
-
540 F.2d 846·
6th Cir.·
1976-08-23
·cited 4×
The court held that grand jury witnesses, even if suspected of lying, are not entitled to Fifth Amendment warnings when indicted for perjury, and that the government had probable cause to believe Fromin was involved in criminal activity for wiretap purposes.
-
330 So. 2d 560·
Fla. 1st DCA·
1976-04-20
·cited 4×
Florida appeals the dismissal of drug trafficking charges against Combs, who allegedly arranged a meeting between a law enforcement officer and a drug seller without receiving compensation. The Supreme Court's decision in State v. Dent established that active participation in arr
-
328 So. 2d 465·
Fla. 2d DCA·
1976-03-12
·cited 4×
Florida appealed the dismissal of drug sale charges against Daniel Hubbard, who acted as a go-between in a controlled buy operation. The District Court of Appeal reversed the dismissal of three sale counts, holding that Hubbard's actions in arranging the transaction and quoting p
-
315 So. 2d 523·
Fla. 2d DCA·
1975-07-18
·cited 4×
The court held that the conviction for possession of LSD in the second transaction was not supported by sufficient evidence, but the conviction for sale in the second transaction was affirmed. The court also found sentencing errors requiring remand.
-
512 F.2d 60·
5th Cir.·
1975-04-28
·cited 4×
The court held that while Kemp's actions constituted forcible resistance, there was insufficient evidence to prove Hightower or King aided and abetted the offense, or that Hightower committed the forcible act of cutting the tire.
-
508 F.2d 1021·
9th Cir.·
1974-09-30
·cited 4×
The court held that the prosecutor's closing argument comments, which suggested the appellant acted in concert with another person and potentially misled the jury, deprived the appellant of a fair trial.
-
500 F.2d 917·
9th Cir.·
1974-06-21
·cited 4×
A person is an aider and abettor if they actively assist in planning and preparing for a crime and position themselves to aid commission or escape, even if physically distant.
-
497 F.2d 1265·
4th Cir.·
1974-06-14
·cited 4×
The court held that the convictions of all three defendants for bank robbery were supported by sufficient evidence and proper legal procedures, affirming the lower court's decision.
-
497 F.2d 1168·
3d Cir.·
1974-05-30
·cited 4×
The court held that there was sufficient evidence to support the jury's conviction of the defendants for conspiracy to import and distribute cocaine and possession with intent to distribute, and that the trial court's jury instructions did not constitute plain error.
-
496 F.2d 609·
3d Cir.·
1974-05-13
·cited 4×
The court held that the evidence was insufficient to sustain Burrell's conviction for aiding and abetting the transportation of stolen goods in interstate commerce.
-
495 F.2d 327·
9th Cir.·
1974-04-17
·cited 4×
The court held that the district court did not err in denying the motion to suppress radios seized under the plain view doctrine, that the jury instructions on aiding and abetting were adequate, that certain hearsay testimony was harmless error, and that coins similar to those st
-
290 So. 2d 515·
Fla. 2d DCA·
1974-02-20
·cited 4×
Richard Henry Bryan was convicted of first-degree murder and sentenced to life imprisonment. The appellate court affirmed the conviction, finding no reversible error despite Bryan's challenge to pre-indictment identification procedures used by investigating officers.
-
488 F.2d 873·
2d Cir.·
1973-12-07
·cited 4×
The court held that the admission of testimony regarding a co-conspirator's possession of a large sum of cash was proper, and the appellant's claim regarding speedy trial rights was without merit.