1,106 Florida cases classified under this topic, plus 13 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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688 F.2d 1121·
7th Cir.·
1982-09-15
·cited 13×
The court held that a lay witness's opinion testimony identifying a defendant in surveillance photographs is admissible under Federal Rule of Evidence 701 if rationally based on perception and helpful to the jury, even if the witness's familiarity is limited.
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394 So. 2d 520·
Fla. 3d DCA·
1981-02-24
·cited 13×
The Florida District Court of Appeal reversed a juvenile's delinquency adjudication for theft, holding that circumstantial evidence of mere presence at the scene and flight was insufficient to prove guilt beyond a reasonable doubt. The court emphasized that the state failed to ex
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268 So. 2d 457·
Fla. 4th DCA·
1972-11-02
·cited 13×
This case consolidated three appeals from juvenile delinquency adjudications. The court reversed the adjudications, holding that the evidence presented was insufficient to prove guilt beyond a reasonable doubt, a standard required for juvenile delinquency proceedings involving cr
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258 So. 2d 298·
Fla. 2d DCA·
1972-01-21
·cited 13×
An erroneous word in a jury instruction on circumstantial evidence does not require reversal if the jury instructions, considered as a whole, were not misleading.
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75 So. 2d 7·
Fla.·
1954-10-15
·cited 13×
The Florida Supreme Court reversed a conviction based on circumstantial evidence, holding that the evidence was insufficient to prove guilt beyond a reasonable doubt.
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379 So. 3d 1080·
Fla.·
2023-11-16
·cited 12×
Markeith Loyd was convicted of first-degree murder for shooting and killing Lieutenant Debra Clayton, along with attempted first-degree murder, aggravated assault, carjacking, and firearm possession charges. Loyd appealed his conviction and death sentence, raising thirteen challe
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Fla. 3d DCA·
2021-07-07
·cited 12×
The Third District Court of Appeal affirmed the lower court's decision, holding that the standard of review for the legal sufficiency of evidence in a criminal conviction is whether competent, substantial evidence supports the conviction, allowing a rational trier of fact to find
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133 So. 3d 653·
Fla. 1st DCA·
2014-03-14
·cited 12×
Appellant was convicted of using a computer to solicit a minor and traveling to meet that minor for sexual purposes after responding to a Craigslist advertisement and communicating with undercover officers posing as a 14-year-old girl. On appeal, Appellant challenged the denial o
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31 So. 3d 273·
Fla. 5th DCA·
2010-03-26
·cited 12×
Michelle McRoy was found in direct criminal contempt after her cell phone rang during a juvenile court proceeding, which she explained occurred because she had loaned the phone to her sister who failed to turn it off upon return. The Florida Fifth District Court of Appeal reverse
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780 So. 2d 266·
Fla. 4th DCA·
2001-02-28
·cited 12×
Appellant Gonzales challenges the revocation of his probation based on an aggravated battery charge, arguing that a subsequent jury acquittal of that charge requires the revocation be set aside. The court holds that an acquittal in a criminal case does not preclude probation revo
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658 So. 2d 632·
Fla. 2d DCA·
1995-07-21
·cited 12×
Carol Lindman and John McMillin were found in contempt of court for refusing to allow a court-appointed receiver to cast votes at a condominium association meeting. The appellate court reversed, finding that the trial court failed to follow proper criminal contempt procedures and
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964 F.2d 1514·
5th Cir.·
1992-06-23
·cited 12×
The court held that the evidence supported a conviction under 18 U.S.C. § 1344(2) for obtaining money by false pretenses, not § 1344(1) for defrauding a financial institution.
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931 F.2d 1186·
7th Cir.·
1991-05-03
·cited 12×
The court affirmed the convictions, holding that the defendants waived their challenge to the indictment by not raising it pre-trial, that the jury instructions on conspiracy were proper, and that Bosko's trial counsel provided effective assistance.
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924 F.2d 1227·
2d Cir.·
1991-02-04
·cited 12×
The court held that the expert testimony was improperly admitted and its misuse in summation prejudiced the jury, requiring reversal of the firearm conviction. The court also held that the sentencing enhancement for an 'official victim' was based on an inadequate factual finding.
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920 F.2d 345·
6th Cir.·
1990-11-30
·cited 12×
The dissenting judge would reverse the conspiracy and possession with intent to distribute convictions, finding insufficient evidence to prove the essential elements beyond a reasonable doubt.
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891 F.2d 389·
1st Cir.·
1989-12-12
·cited 12×
The court held that the admission of Browne's statements violated the Edwards rule, requiring reversal and a new trial, while Taylor's conviction was affirmed as his statements were voluntary and evidence properly admitted.
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871 F.2d 1318·
6th Cir.·
1989-04-12
·cited 12×
The court affirmed the defendant's convictions, finding that the jury instructions given were adequate and that the evidence supported the jury's findings.
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859 F.2d 56·
8th Cir.·
1988-05-09
·cited 12×
The court held that the evidence was sufficient to sustain the jury's verdict for possession with intent to distribute heroin, and that any error in admitting certain testimony was harmless.
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835 F.2d 230·
9th Cir.·
1987-12-30
·cited 12×
The court held that there was sufficient evidence to support the conviction for possessing and passing counterfeit bills, and that consecutive sentences for these offenses did not violate the Double Jeopardy Clause.
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515 So. 2d 423·
Fla. 3d DCA·
1987-11-17
·cited 12×
A juvenile was adjudicated delinquent for grand theft of sapodillas after being found picking fruit in a grove. The appellate court reversed because the evidence was insufficient to establish the juvenile's intent to commit theft beyond a reasonable doubt.
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510 So. 2d 1164·
Fla. 3d DCA·
1987-08-11
·cited 12×
The court held that the trial court erred in departing upward from the sentencing guidelines based on reasons inherent in the crime or not sufficiently proven.
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810 F.2d 774·
8th Cir.·
1987-01-29
·cited 12×
The court held that there was sufficient evidence to support the conviction and that the trial court did not err in admitting evidence of prior drug dealings or the testimony of an absent coconspirator.
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763 F.2d 665·
5th Cir.·
1985-04-16
·cited 12×
The evidence presented at trial was sufficient to sustain the defendant's murder conviction, and therefore a writ of habeas corpus should not issue.
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757 F.2d 811·
7th Cir.·
1985-02-27
·cited 12×
The court held that the state failed to establish that the prosecutor's error was harmless beyond a reasonable doubt.
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738 F.2d 152·
6th Cir.·
1984-06-29
·cited 12×
The trial court's refusal to question prospective jurors about their ability to accord defendants the presumption of innocence and proof beyond a reasonable doubt was an abuse of discretion, requiring reversal.
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453 So. 2d 835·
Fla. 5th DCA·
1984-06-07
·cited 12×
Eyewitness identification of a defendant's photograph, when uncorroborated, contradicted by the victim's earlier consistent descriptions, and unsupported by scientific evidence or other inculpatory facts, is legally insufficient to sustain a conviction on a charge carrying a mand
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716 F.2d 234·
4th Cir.·
1983-08-25
·cited 12×
The court held that the 1972 amendments to the federal kidnapping statute allow for federal jurisdiction even if the intent to kidnap is formed after crossing state lines.
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696 F.2d 1016·
2d Cir.·
1982-12-23
·cited 12×
The court held that the state must ensure children's best interests are the foremost consideration when removing them from parental care, and parents must have a fair opportunity to participate in hearings concerning custody.
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683 F.2d 1305·
10th Cir.·
1982-07-22
·cited 12×
The court held that while the state trial court's jury instructions on scienter were insufficient, the error was harmless beyond a reasonable doubt because the evidence overwhelmingly demonstrated the defendant's knowledge of the film's contents, and her defense was not based on
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415 So. 2d 79·
Fla. 4th DCA·
1982-06-09
·cited 12×
The court held that the evidence was insufficient to prove wilful disobedience required for indirect criminal contempt, as the supervisor's actions demonstrated neglect rather than intent to violate court orders.
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662 F.2d 420·
6th Cir.·
1981-09-18
·cited 12×
The dissenting judge would reverse the district court's grant of habeas corpus, arguing that federal courts are bound by state court factual findings and that the jury's verdict was rational.
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489 F.2d 133·
5th Cir.·
1974-02-06
·cited 12×
A conviction cannot stand solely on an uncorroborated confession; there must be independent evidence proving the corpus delicti and guilt beyond a reasonable doubt.
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283 So. 2d 157·
Fla. 2d DCA·
1973-09-28
·cited 12×
Glenn W. Turner was convicted of direct criminal contempt for allegedly causing or condoning demonstrations outside the courthouse on the morning of his criminal trial. The appellate court reversed because there was no competent evidence in the record linking Turner to the disrup
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426 F.2d 773·
2d Cir.·
1970-05-11
·cited 12×
The court held that a conviction for assaulting federal officers is affirmed because the indictment was valid on its face and even an invalid arrest does not permit physical resistance, and a minor variance in jury instructions regarding evidence types was harmless error.
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425 F.2d 1163·
5th Cir.·
1970-04-30
·cited 12×
The court held that the Government presented substantial evidence to prove all elements of the Dyer Act, justifying the jury's conviction.
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423 F.2d 1204·
5th Cir.·
1970-04-08
·cited 12×
The court held that the evidence was sufficient to support a conviction for selling heroin, even without quantitative testing.
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426 F.2d 305·
5th Cir.·
1970-03-18
·cited 12×
The court held that the government failed to prove beyond a reasonable doubt that the defendant knew of the injunction and its terms, and therefore could not be convicted of criminal contempt for violating it.
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422 F.2d 519·
6th Cir.·
1970-03-05
·cited 12×
The court held that the admission of evidence regarding FDIC insurance, the jury instruction on the defendants' failure to testify, and the admission of hospital records were not reversible errors. The sufficiency of the evidence was also upheld.
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201 So. 2d 492·
Fla. 4th DCA·
1967-07-27
·cited 12×
The court held that the identity of the deceased was not established beyond a reasonable doubt, failing to prove the corpus delicti.
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141 So. 2d 8·
Fla. 2d DCA·
1962-05-11
·cited 12×
This case involves a dispute over the reformation of a deed conveying real property on Sarasota Bay. The trial court found that a mutual mistake of fact existed concerning the amount of bayfront property being conveyed and reformed the deed accordingly. The defendants appealed, a
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275 F.2d 332·
8th Cir.·
1960-03-10
·cited 12×
The court held that James was not entitled to a jury trial for criminal contempt and that the sentence imposed was within the court's discretion. The appeal of Nevers was dismissed as moot.
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260 F.2d 439·
2d Cir.·
1958-11-05
·cited 12×
The court held that the evidence was sufficient to convict the defendant beyond a reasonable doubt and that the trial judge's findings were not inconsistent.
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253 F.2d 913·
7th Cir.·
1958-04-17
·cited 12×
The dissenting judge believes the government failed to meet its burden of proof beyond a reasonable doubt due to insufficient evidence for voice identification.
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249 F.2d 519·
D.C. Cir.·
1957-10-25
·cited 12×
The court held that the evidence was insufficient to prove beyond a reasonable doubt that the defendant's intent in demanding entry was to commit robbery.
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140 F.2d 984·
C.C.P.A.·
1944-01-03
·cited 12×
The court held that the appellee failed to prove reduction to practice of his invention beyond a reasonable doubt due to insufficient testing and a long delay in filing his patent application, which indicated an abandoned experiment.
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153 Fla. 219·
Fla.·
1943-06-25
·cited 12×
The court held that the evidence was insufficient to sustain a larceny conviction because the prosecution failed to prove the owner's non-consent to the taking of his property.
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136 F.2d 98·
9th Cir.·
1943-05-27
·cited 12×
The court held that the contempt judgment could not be upheld due to procedural irregularities in the criminal contempt proceedings, specifically the failure to follow required due process and burden of proof standards.
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308 So. 3d 655·
Fla. 4th DCA·
2020-12-16
·cited 11×
A defendant is not entitled to a new Stand Your Ground hearing when the jury convicted him beyond a reasonable doubt at trial and the evidence from the first SYG hearing demonstrates the self-defense claim failed under both the pre-2017 and post-2017 burden of proof standards.
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74 So. 3d 572·
Fla. 2d DCA·
2011-11-18
·cited 11×
Emerson Pinkney was convicted of aggravated assault on a law enforcement officer after backing his car toward a police officer during an encounter at a gas station. The Florida District Court of Appeal affirmed the conviction, clarifying that assault requires proof the defendant'
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751 So. 2d 152·
Fla. 2d DCA·
2000-01-28
·cited 11×
Bradford Hagerman was adjudicated guilty of indirect criminal contempt for failing to comply with a support order. The Florida appellate court reversed the conviction because the contempt proceedings violated Rule of Criminal Procedure 3.840 by failing to set forth essential fact