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778 F.2d 267·
5th Cir.·
1985-12-16
·cited 2×
Appellants lack standing to challenge HUD's interpretation of its regulation because they are not within the zone of interests protected by the regulation. The district court did not err in dismissing the federal claims and declining to exercise pendent jurisdiction over the stat
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778 F.2d 1017·
4th Cir.·
1985-12-05
·cited 2×
The court affirmed the convictions, holding that trial by a magistrate in misdemeanor cases is constitutional when consensual, and that the defendants' other contentions lacked merit.
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777 F.2d 1288·
7th Cir.·
1985-12-02
·cited 2×
A receiver cannot appeal an order denying their motion to intervene without first obtaining permission from the appointing court.
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768 F.2d 1276·
11th Cir.·
1985-08-16
·cited 2×
An inmate can be convicted as an aider and abettor for introducing contraband into a federal correctional institution, even if they did not physically bring it across the perimeter, and the warden's suspicion does not equate to consent.
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767 F.2d 1084·
4th Cir.·
1985-07-18
·cited 2×
The court held that the government's failure to disclose certain witness statements did not violate Brady v. Maryland because the request for the information was general, and the undisclosed evidence was not material to the outcome of the trial.
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470 So. 2d 93·
Fla. 1st DCA·
1985-06-06
·cited 2×
In this juvenile delinquency case, the Florida First District Court of Appeal reversed a burglary conviction, holding that the evidence was insufficient to support a finding that the defendant acted as an aider and abettor to the crime. The court found that ambiguous statements b
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761 F.2d 506·
8th Cir.·
1985-05-10
·cited 2×
The court held that the jury's acquittal on the mail fraud charge did not necessarily decide the specific factual issues raised in the subsequent perjury prosecution, thus the perjury prosecution was not barred by the collateral estoppel rule of the double jeopardy clause.
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750 F.2d 232·
2d Cir.·
1984-12-18
·cited 2×
The court held that the admission of testimony regarding telephone conversations, which constituted inadmissible hearsay and violated the Confrontation Clause, was prejudicial error requiring reversal of the conviction.
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458 So. 2d 308·
Fla. 5th DCA·
1984-09-13
·cited 2×
Three appellants convicted of manslaughter in connection with a drug-related shootout that killed a bystander were affirmed on appeal. The court addressed aiding and abetting liability for all three participants and rejected a self-defense claim, but expressed concern about secta
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740 F.2d 764·
9th Cir.·
1984-08-16
·cited 2×
The court held that while a jury instruction was technically flawed, it was not prejudicial in this specific case, and thus the conviction is affirmed.
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452 So. 2d 664·
Fla. 3d DCA·
1984-07-17
·cited 2×
A seventeen-year-old female was adjudicated delinquent for aiding and abetting a robbery committed by two young men. The court reversed the adjudication, finding that the evidence was insufficient to establish the guilty intent necessary for an aiding and abetting charge, where t
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736 F.2d 150·
5th Cir.·
1984-06-25
·cited 2×
A defendant can be convicted of aiding and abetting a violation of 18 U.S.C. § 1027 even if they are an employee and not an employer, as long as they procured or induced the violation.
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732 F.2d 1160·
3d Cir.·
1984-04-20
·cited 2×
The court held that the district court erred in imposing an increased sentence based on the defendant's continued drug addiction, as this did not constitute new objective information concerning conduct occurring after the original sentencing.
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721 F.2d 473·
4th Cir.·
1983-11-14
·cited 2×
The court held that the defendant could be convicted as an accessory after the fact even if aid was rendered before death, as long as the defendant knew the victim was dead or dying. The court also held that the conviction did not violate double jeopardy protections.
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439 So. 2d 335·
Fla. 3d DCA·
1983-10-18
·cited 2×
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716 F.2d 735·
9th Cir.·
1983-09-23
·cited 2×
The court held that the district court erred in denying the motions to dismiss the indictment without a sufficient factual basis to evaluate the double jeopardy claim.
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435 So. 2d 976·
Fla. 3d DCA·
1983-08-09
·cited 2×
Juvenile's delinquency adjudication for robbery reversed because circumstantial evidence was insufficient to establish intent to participate as an aider and abettor where he was merely a passenger in the vehicle and did not commit the actual theft.
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708 F.2d 925·
4th Cir.·
1983-06-01
·cited 2×
The court held that the government failed to produce sufficient evidence that the defendant knew the tobacco was grown in a different county than the marketing card's county of origin, an essential element for aiding and abetting.
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701 F.2d 752·
8th Cir.·
1983-03-11
·cited 2×
The court held that there was sufficient evidence to support the conviction for aiding and abetting a bank robbery.
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697 F.2d 989·
11th Cir.·
1983-02-10
·cited 2×
The court held that admitting evidence of Keel's post-robbery clothing purchases was error without injury, and other evidentiary rulings were proper.
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693 F.2d 767·
8th Cir.·
1982-11-18
·cited 2×
The court held that the indictment was sufficiently clear, the severance motion was properly denied, the evidence was sufficient for conviction, and the sentence was not an abuse of discretion.
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689 F.2d 1202·
4th Cir.·
1982-09-30
·cited 2×
The court held that the statute is constitutional and there was sufficient evidence to convict the defendants for drug offenses on a U.S. vessel.
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688 F.2d 250·
4th Cir.·
1982-09-15
·cited 2×
The court held that the appellant's conviction for aiding and abetting bank embezzlement and false entries was supported by sufficient evidence, as his actions and knowledge demonstrated his participation in the criminal venture.
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676 F.2d 94·
4th Cir.·
1982-02-19
·cited 2×
The court held that the evidence was sufficient to support the conviction for unlawful disposal of toxic substances and that the federal prosecution did not violate double jeopardy protections.
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658 F.2d 1103·
6th Cir.·
1981-09-16
·cited 2×
The court held that the FBI's reinitiation of interrogation after Gallagher invoked his right to counsel did not violate his Fifth Amendment rights because counsel was made available and his waiver was knowing and intelligent. Any Bruton error was harmless beyond a reasonable dou
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655 F.2d 958·
9th Cir.·
1981-08-19
·cited 2×
The court held that transporting checks signed with one's true name, but intended to represent a fictitious identity created through cooperation with another, constitutes both forgery and false making under 18 U.S.C. § 2314.
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390 So. 2d 152·
Fla. 3d DCA·
1980-11-18
·cited 2×
Appellant's conviction for armed robbery as an aider and abettor was affirmed, but the mandatory three-year minimum sentence was struck because he was not present at the scene of the crime.
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621 F.2d 127·
5th Cir.·
1980-07-07
·cited 2×
The court held that the evidence was sufficient to support the conviction for aiding and assisting escape, as the defendant's actions went beyond mere presence and demonstrated knowing participation in the criminal venture.
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622 F.2d 258·
6th Cir.·
1980-05-30
·cited 2×
The court held that the evidence was sufficient to sustain the conviction for aiding and abetting kidnapping and that the defense of coercion failed.
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620 F.2d 230·
10th Cir.·
1980-04-25
·cited 2×
The court held that the warrantless search of the appellant's locked suitcase was unconstitutional because the luggage was under the control of authorities and there was no probable cause or exigent circumstances.
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614 F.2d 227·
9th Cir.·
1980-02-25
·cited 2×
The court held that the prosecutor's conduct, while imprudent, did not rise to the level of prejudice requiring reversal of the conviction.
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612 F.2d 1·
1st Cir.·
1979-12-18
·cited 2×
The court held that false statements made to a federally insured bank, even if the bank is not ultimately harmed or does not rely on them, are material if they have the capacity to influence the bank's actions.
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611 F.2d 41·
4th Cir.·
1979-11-29
·cited 2×
A district court may proceed with a trial in absentia when a defendant, initially present, voluntarily absents himself without a compelling reason after being notified of the trial date.
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606 F.2d 939·
10th Cir.·
1979-10-09
·cited 2×
Evidence relating to an uncharged crime is admissible if necessary to explain the charged crime's context and the defendant's intent.
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589 F.2d 195·
5th Cir.·
1979-02-06
·cited 2×
The court held that the evidence was sufficient to support the conviction for making a materially false statement in a bank loan application.
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566 F.2d 942·
5th Cir.·
1978-01-26
·cited 2×
The court held that the inadvertent inclusion and subsequent omission of a jury instruction regarding defendant's testimony did not amount to an unconstitutional comment on the defendant's failure to testify.
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568 F.2d 269·
2d Cir.·
1978-01-06
·cited 2×
The court held that there was sufficient evidence to convict Buigues, Puig, Anes, and Sammarco of conspiracy and false claims, but insufficient evidence to convict Horowitz.
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562 F.2d 334·
5th Cir.·
1977-10-20
·cited 2×
The court held that the witness's apprehension of self-incrimination was reasonable, and thus he was not required to answer the questions.
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548 F.2d 481·
3d Cir.·
1977-02-01
·cited 2×
Affirmance by judgment order without an opinion does not constitute a denial of due process.
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544 F.2d 950·
8th Cir.·
1976-11-10
·cited 2×
The court held that the allegation of urging false testimony in the indictment was surplusage and not a necessary element of proof under 18 U.S.C. § 1503, thus the conviction could be sustained.
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338 So. 2d 550·
Fla. 1st DCA·
1976-10-18
·cited 2×
A guilty plea is valid if the factual basis shows the defendant aided or abetted the crime, even if they did not directly commit it or carry a weapon.
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348 So. 2d 1159·
Fla. 3d DCA·
1976-10-12
·cited 2×
Two juveniles appealed their delinquency adjudications for breaking and entering a truck and larceny. The court affirmed, holding that substantial competent evidence supported the findings because the juveniles were accomplices who aided and abetted the crimes, even though they d
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548 F.2d 970·
D.C. Cir.·
1976-04-27
·cited 2×
The court held that the trial court did not err in denying a change of venue or in admitting evidence of prior escape attempts with a limiting instruction.
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527 F.2d 479·
9th Cir.·
1975-10-20
·cited 2×
The court held that the defendant's manipulation of call reporting and timing to inflate revenue settlements constituted wire fraud, but reversed one count due to improper exclusion of evidence related to the indictment period.
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515 F.2d 125·
4th Cir.·
1975-04-23
·cited 2×
The court held that a defendant can be tried and convicted of a lesser included offense, even if the principal pleaded guilty to that lesser offense.
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512 F.2d 756·
6th Cir.·
1975-02-28
·cited 2×
The court held that the interstate transportation requirement for falsely-made securities is met when a forged check is cashed on a bank in another state, and that the evidence was sufficient to prove aiding and abetting.
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490 F.2d 1190·
9th Cir.·
1974-01-23
·cited 2×
A shipper cannot be subjected to civil forfeitures under Section 222(h) of the Interstate Commerce Act for hiring a carrier that lacks an ICC certificate, nor can they be held liable for aiding and abetting a violation based solely on knowledge of the carrier's unlicensed status.
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487 F.2d 892·
5th Cir.·
1973-11-15
·cited 2×
The court held that the conviction for distributing cocaine was valid despite acquittal on possession with intent to distribute, and that the defenses of buyer's agent and entrapment lacked merit.
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481 F.2d 112·
4th Cir.·
1973-06-14
·cited 2×
The court affirmed the conviction, approving the trial judge's procedures and findings regarding jury exposure to publicity.
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474 F.2d 6·
9th Cir.·
1973-02-20
·cited 2×
The court held that the trial court did not err in admitting the defendant's extra-judicial statements, as they were found to be voluntary and made after a valid Miranda waiver.