3,842 Florida cases classified under this topic, plus 164 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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635 F.2d 932·
2d Cir.·
1980-08-08
·cited 62×
The court held that a Member of Congress can appeal pre-trial the denial of a motion to dismiss an indictment based on constitutional claims like the Speech or Debate Clause and separation of powers, and that the Abscam sting operation was a permissible law enforcement technique
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496 F.2d 1072·
5th Cir.·
1974-06-27
·cited 62×
The court affirmed the convictions of all appellants on all counts, finding no reversible error in the admission of evidence, jury instructions, or procedural rulings.
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468 F.2d 269·
1st Cir.·
1972-10-11
·cited 62×
An acquittal on a conspiracy charge does not preclude a conviction on a substantive offense if the acquittal was not based on a finding of fact essential to the substantive charge. A pending motion to vacate a sentence can create a risk of self-incrimination, preserving the Fifth
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453 F.2d 902·
8th Cir.·
1972-01-18
·cited 62×
The court affirmed the conviction, holding that the trial court did not abuse its discretion in denying pretrial discovery and that the jury instructions and comments on evidence were not prejudicial.
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426 F.2d 547·
2d Cir.·
1970-04-29
·cited 62×
The court held that the defendant must be given full opportunity to present evidence of favors a government witness has received or expects to receive.
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369 F.2d 968·
8th Cir.·
1966-12-20
·cited 62×
The court held that the joinder of defendants and offenses was proper under Rule 8(b) and that the admission of a co-defendant's confession, with proper instructions, did not cause prejudicial error.
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322 F.2d 104·
5th Cir.·
1963-08-29
·cited 62×
The court held that the evidence was insufficient to support Milam's conviction for mail fraud, but sufficient to support the convictions of Kimball and Sprague. The indictment was found to be sufficient.
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173 F.2d 181·
9th Cir.·
1949-02-28
·cited 62×
The court held that the admission of evidence of other crimes, even if potentially prejudicial, was not grounds for reversal because the defense introduced the evidence and no timely objection was made, and the instructions on verdict forms were not sufficiently ambiguous to caus
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100 Fla. 373·
Fla.·
1930-07-29
·cited 62×
Forrest Lake, president of a closed bank, was convicted of aiding and abetting false entries in the bank's books. On rehearing, the Florida Supreme Court affirmed the conviction, resolving procedural issues including whether the state could petition for rehearing in a criminal ca
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908 F.2d 1531·
11th Cir.·
1990-08-17
·cited 61×
The court held that the prosecutor's stated reasons for striking African-American jurors were insufficient to rebut the prima facie case of discrimination established by the defendant.
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827 F.2d 143·
7th Cir.·
1987-08-18
·cited 61×
The court held that the time spent preparing for or engaging in other proceedings, including plea bargaining, is excludable from the Speedy Trial Act's time limits, and that the seventy-day clock for trial commencement begins upon appearance in the charging district, not merely u
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771 F.2d 1207·
9th Cir.·
1985-09-16
·cited 61×
The court held that a former prosecutor's testimony expressing his opinion on the strength of the government's case and the defendant's culpability constituted prejudicial error, requiring reversal of the conviction.
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718 F.2d 413·
D.C. Cir.·
1983-09-13
·cited 61×
The court held that the defendants' contentions were without merit, affirming their convictions.
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417 So. 2d 719·
Fla. 1st DCA·
1982-07-13
·cited 61×
Three defendants were convicted after jury trial of armed robbery for their roles in a bank robbery and related crimes. The court affirmed convictions for Gains and Lonnie Williams but reversed Joseph Williams' conviction for insufficient evidence of aiding and abetting, finding
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580 F.2d 317·
8th Cir.·
1978-07-14
·cited 61×
The court held that the defendants knowingly and intelligently waived any conflict of interest arising from joint representation, and even without waiver, they failed to demonstrate an actual conflict. The court also found sufficient evidence to support one defendant's conviction
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568 F.2d 1266·
9th Cir.·
1977-12-09
·cited 61×
The court held that the trial court did not err in rejecting the 'fruit of the poisonous tree' argument because the government's evidence was derived from significant independent sources, and the defendants lacked standing to suppress certain evidence.
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444 F.2d 755·
5th Cir.·
1971-06-21
·cited 61×
The court held that the trial judge's conduct and jury instructions contained reversible errors, including prejudicial comments, failure to instruct on essential elements, and erroneous refusal of defense instructions.
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169 F.2d 739·
4th Cir.·
1948-07-02
·cited 61×
The court held that the appellant's conviction for aiding and abetting willful misapplication of bank funds was valid, as the evidence supported the jury's findings regarding intent, scheme, and loss to the bank.
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735 F.2d 461·
11th Cir.·
1984-07-02
·cited 60×
The court held that a single conspiracy charge with multiple objectives is not duplicitous, and a conviction can stand if evidence proves at least one objective. However, enhanced sentences require specific allegations in the indictment regarding the quantity or type of substance
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708 F.2d 857·
1st Cir.·
1983-06-01
·cited 60×
The court held that the evidence was sufficient to support the convictions for aiding and abetting possession of marijuana with intent to distribute, and that the sentence disparity did not violate due process.
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692 F.2d 182·
1st Cir.·
1982-11-02
·cited 60×
The court held that the defendants' convictions for mail fraud and RICO were not clearly and grossly unjust, and that the trial court did not err in denying severance or in its jury instructions. Consecutive sentences for RICO and mail fraud were permissible.
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675 F.2d 1373·
9th Cir.·
1980-11-05
·cited 60×
The court held that extensive surveillance, including helicopter overflights and use of vision-enhancing devices, did not violate the defendants' reasonable expectation of privacy under the Fourth Amendment. The court also found sufficient evidence to support the convictions.
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591 F.2d 428·
8th Cir.·
1979-01-15
·cited 60×
The court held that tape recordings were admissible, mail fraud convictions were supported by evidence, but the conspiracy conviction was not supported by sufficient evidence.
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586 F.2d 899·
2d Cir.·
1978-09-28
·cited 60×
The court affirmed the convictions, holding that the trial court did not abuse its discretion in denying severance, admitting prior conviction evidence, or in its jury instructions, and that the evidence was sufficient to support the convictions.
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576 F.2d 1383·
9th Cir.·
1978-06-16
·cited 60×
The court held that obtaining confidential information through misrepresentation constitutes wire fraud, and the statute is not unconstitutionally vague. The use of a pen register and the search warrants were also deemed lawful.
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484 F.2d 311·
10th Cir.·
1973-08-14
·cited 60×
The court held that the trial court did not err in denying the production of the prosecutor's interview notes, refusing to compel disclosure of an informant's address, or in its jury instructions, affirming the conviction.
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479 F.2d 1153·
10th Cir.·
1973-06-04
·cited 60×
The court held that the introduction of prior statements of a witness who repudiated them, the persistent questioning of a witness who invoked his Fifth Amendment privilege, and the admission of hearsay statements from co-conspirators made after the conspiracy's completion were p
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The court held that evidence of participation in hijacking was admissible to prove knowledge of stolen goods, prosecutorial comments on a defendant's failure to display a tattoo were harmless error, arrests were supported by probable cause, jury instructions on possession were ad
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206 So. 2d 446·
Fla. 4th DCA·
1968-02-05
·cited 60×
Harvey Williams was convicted of attempted robbery based on circumstantial evidence that he drove a car containing Nimrod Grace to a bar where Grace committed an armed robbery attempt. The Florida appellate court reversed the conviction, finding the evidence insufficient because
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112 Fla. 4·
Fla.·
1933-09-21
·cited 60×
The Florida Supreme Court reversed the convictions of Aaron Ryals and William Harris for manslaughter because the evidence was insufficient to support a conviction as principals in the second degree to the homicide committed by Augustus Harris. The court held that mere presence a
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40 Fla. 191·
Fla.·
1898-01-01
·cited 60×
Israel Green was convicted of murder in the first degree as an aider and abettor in the shooting death of G. M. Fletcher. The Florida Supreme Court upheld the conviction, rejecting challenges to jury selection, the admission of confessions, and jury instructions.
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899 F.2d 503·
6th Cir.·
1990-03-29
·cited 59×
The dissenting judge argues the majority erred in reversing the district court's probation sentence for two first-offender defendants.
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780 F.2d 1461·
9th Cir.·
1986-01-21
·cited 59×
The court held that evidence obtained in violation of the Right to Financial Privacy Act is not subject to suppression under the court's supervisory powers, and that ex parte communication with a deadlocked jury, while error, was harmless in this case.
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721 F.2d 1457·
9th Cir.·
1983-05-13
·cited 59×
The court held that the dog sniffs were lawful, the warrant for the van pak was valid despite minor misstatements in the affidavit, the protective sweep of the residence was unlawful, but the subsequent search warrant for the residence was valid due to independent probable cause.
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653 F.2d 189·
5th Cir.·
1981-08-10
·cited 59×
The court held that the trial court did not err in denying motions to sever, in its evidentiary rulings, or in refusing to instruct on the alibi defense, and that prosecutorial misconduct did not rise to reversible error.
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198 F.2d 3·
7th Cir.·
1952-07-15
·cited 59×
The court held that there was insufficient evidence to convict Di Vito and Blandi of aiding and abetting the receipt and possession of stolen whiskey, but sufficient evidence to convict Carengella.
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919 F.2d 1223·
7th Cir.·
1990-12-05
·cited 58×
The court held that the 'ostrich' instruction was improperly given because there was no evidence that the defendant deliberately avoided acquiring knowledge of the illegal activity. The court also held that the government waived its statute of limitations argument by failing to c
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800 F.2d 1040·
11th Cir.·
1986-09-29
·cited 58×
The court held that the proposed amended complaint sufficiently stated a federal securities claim under Rule 10b-5, reversing the district court's dismissal and denial of leave to amend.
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792 F.2d 664·
7th Cir.·
1986-06-06
·cited 58×
The court affirmed the convictions, finding no reversible error in the trial court's rulings on evidentiary hearings, probable cause, jury instructions, indictment challenges, ineffective assistance of counsel, severance, or sufficiency of evidence.
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775 F.2d 1559·
11th Cir.·
1985-11-15
·cited 58×
The court held that the evidence was insufficient to sustain Platt's conviction on the nine telephone counts, reversing those convictions. However, the court affirmed the convictions of both Platt and Rivera on the charge of aiding and abetting possession with intent to distribut
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734 F.2d 1290·
8th Cir.·
1984-05-15
·cited 58×
The court held that the defendants were entrapped as a matter of law and that there was insufficient evidence to support Rigsby's convictions.
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548 F.2d 782·
9th Cir.·
1976-05-24
·cited 58×
The dissent argues that the consent obtained from Mizera was involuntary due to police coercion, making the subsequent conversations inadmissible.
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526 F.2d 1236·
5th Cir.·
1976-02-13
·cited 58×
The court held that the evidence was insufficient to prove a prima facie case of aiding and abetting possession with intent to distribute cocaine.
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468 F.2d 989·
2d Cir.·
1972-10-31
·cited 58×
The court held that the defendant's conviction for conspiracy and aiding/abetting violations of federal banking statutes was supported by sufficient evidence.
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281 F.2d 340·
2d Cir.·
1960-05-20
·cited 58×
The court held that admissions made by the defendant were admissible because the state police detention was not orchestrated by the FBI, thus the Anderson rule did not apply.
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864 F.2d 1528·
10th Cir.·
1989-01-11
·cited 57×
The court held that the chain of custody for the cocaine was sufficient for admissibility, and that constructive possession and carrying a firearm in a vehicle during a drug trafficking crime are valid grounds for conviction under 18 U.S.C. § 924(c).
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807 F.2d 1483·
9th Cir.·
1987-01-13
·cited 57×
The court held that the trial court did not err in refusing to instruct the jury on lesser included offenses, that sufficient evidence supported the convictions, and that the procedures for jury instructions, while unusual, did not result in prejudicial error.
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739 F.2d 1520·
11th Cir.·
1984-08-27
·cited 57×
The court held that there was sufficient evidence for the jury to convict the defendants of drug trafficking offenses.
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720 F.2d 757·
2d Cir.·
1983-11-02
·cited 57×
The court held that the government failed to prove each element for each of the eight wire fraud counts as framed in the indictment.
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719 F.2d 738·
5th Cir.·
1983-10-31
·cited 57×
The dissent argues that the en banc majority improperly inferred intent to distribute from evidence only showing intent to import, thus undermining the presumption of innocence.