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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927 F.2d 14·
1st Cir.·
1991-02-28
·cited 88×
The court affirmed the convictions and sentences, finding sufficient evidence for possession and conspiracy, that the informant's identity need not be disclosed, that the challenged statement was harmless error, and that sentencing enhancements were proper.
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941 So. 2d 1045·
Fla.·
2006-06-29
·cited 86×
James Guzman, convicted of murder and sentenced to death, challenged his conviction based on alleged prosecutorial misconduct involving false testimony about a $500 reward payment to key witness Martha Cronin. The Florida Supreme Court affirmed the denial of postconviction relief
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146 F.2d 372·
5th Cir.·
1944-12-28
·cited 86×
The court held that the trial court's errors, including an incorrect charge on the presumption of innocence and the judge's undue participation in the trial, cumulatively prejudiced the defendants and required reversal.
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908 F.2d 1289·
6th Cir.·
1990-07-18
·cited 84×
The court held that a witness's passing, unprompted reference to a polygraph examination, followed by a curative instruction, was harmless error. It also held that the defendants did not establish a prima facie case of racial discrimination in the prosecution's use of peremptory
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715 F.2d 260·
7th Cir.·
1983-08-08
·cited 82×
A conviction under 18 U.S.C. § 1014 requires proof that the bank was federally insured at the time of the offense, and a nine-year-old certificate is insufficient evidence. Conspiracy convictions can stand even if the substantive offense was impossible to commit.
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443 F.2d 1050·
9th Cir.·
1971-05-11
·cited 82×
The court held that evidence obtained through a foreign investigation, though initiated after an unlawful seizure, was not tainted because it was not obtained by exploitation of the illegality and was sufficiently distinguishable from the primary taint.
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799 F.2d 1494·
11th Cir.·
1986-09-24
·cited 81×
The court affirmed convictions, holding that the evidence was sufficient to support the jury's findings of guilt for mail and wire fraud, commodity fraud, interstate transportation of securities taken by fraud, and conspiracy.
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454 So. 2d 596·
Fla. 5th DCA·
1984-06-28
·cited 80×
The court held that the State's evidence, even when viewed in its best light, affirmatively proved self-defense as a matter of law, making it legally insufficient to support a conviction for second-degree murder.
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189 F.2d 459·
6th Cir.·
1951-05-28
·cited 80×
The court held that the indictment was sufficient, the net worth method was properly applied, and the evidence supported the conviction for tax evasion.
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531 So. 2d 129·
Fla.·
1988-09-08
·cited 79×
The Florida Supreme Court addressed whether appellate judges must independently read the complete trial record when evaluating harmless error claims in criminal appeals. The Court held that each appellate judge has a personal responsibility to examine the entire trial record, and
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758 So. 2d 618·
Fla.·
2000-01-27
·cited 78×
Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
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560 So. 2d 1154·
Fla.·
1990-03-01
·cited 77×
The Florida Supreme Court reversed the Fourth District Court of Appeal and upheld the constitutionality of Florida's drunk driving statute and jury instruction that allowed proof of a blood-alcohol level of 0.10% or higher to establish impairment. The Court held that the statute
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152 Fla. 367·
Fla.·
1943-02-05
·cited 76×
Charles B. Savage was convicted of manslaughter in the death of his wife Hannah Ford when his automobile left a highway and plunged into a canal, drowning her. The Florida Supreme Court reversed the conviction, holding that the prosecution's circumstantial evidence was insufficie
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714 F.2d 365·
5th Cir.·
1983-08-26
·cited 75×
The Fifth Circuit should apply the same standard of review in Witherspoon cases as in other habeas corpus matters, giving deference to state court factual findings unless clearly erroneous, and remanding for evidentiary hearings when the record is unclear.
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733 F.2d 766·
11th Cir.·
1984-05-16
·cited 74×
The court held that a defendant may waive their right to be present at critical stages of a capital trial, and the specific circumstances of the defendant's absence during voir dire require further inquiry into knowing and voluntary waiver.
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342 F.2d 939·
D.C. Cir.·
1965-01-14
·cited 74×
The court held that the trial court erred by failing to instruct the jury on the essential elements of the crime and that prior inconsistent statements of a witness can only be used for impeachment.
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270 F.2d 252·
9th Cir.·
1959-09-03
·cited 74×
The appellate court held that the jury's acquittal on the theft charge did not legally require acquittal on the possession charge, and that sufficient evidence supported the conviction for knowing possession of stolen property.
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658 So. 2d 88·
Fla.·
1995-07-20
·cited 72×
The Florida Supreme Court held that when determining whether an out-of-state conviction is analogous to a Florida statute for sentencing guidelines purposes, trial courts must consider only the elements of the out-of-state crime, not the underlying facts. The Court reversed the d
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920 F.2d 1330·
7th Cir.·
1990-12-14
·cited 72×
A district court may consider conduct underlying an acquittal when sentencing, provided the standard of proof is met, and may not depart from Sentencing Guidelines based on prior convictions excluded by their terms or on mental health without specific justification.
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848 F.2d 1134·
11th Cir.·
1988-07-07
·cited 72×
The court held that the admission of William Bennett's prior drug smuggling convictions was proper under Rule 404(b) and Rule 403, and that the use of a single interpreter for multiple Spanish-speaking defendants did not violate their statutory or constitutional rights. The court
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776 F.2d 397·
2d Cir.·
1985-11-04
·cited 72×
The majority opinion, which the dissent disagrees with, upheld a conspiracy conviction based on arguably insufficient evidence, including questionable expert testimony and inconsistent jury verdicts.
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132 So. 3d 678·
Fla.·
2013-09-12
·cited 71×
Andrew Gosciminski was convicted of first-degree murder, robbery, and burglary in the stabbing and bludgeoning death of Joan Loughman during a home invasion. The Florida Supreme Court affirmed his conviction and death sentence, finding no reversible error despite challenges to ev
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919 F.2d 652·
11th Cir.·
1990-12-18
·cited 71×
The evidence was insufficient to convict Mieres-Borges beyond a reasonable doubt of possession with intent to distribute and conspiracy.
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900 F.2d 1350·
9th Cir.·
1990-04-06
·cited 70×
The Sentencing Guidelines do not violate due process facially or as applied, and require factual determinations underlying sentencing factors to be proven by at least a preponderance of the evidence.
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857 F.2d 1006·
5th Cir.·
1988-10-04
·cited 70×
The court held that the evidence was sufficient to support all four convictions and that the denial of the motion to suppress was not erroneous.
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647 F.2d 642·
6th Cir.·
1981-04-24
·cited 70×
A criminal defendant is deprived of effective assistance of counsel when their attorney admits the client's guilt to the jury without first obtaining the client's consent to this strategy.
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910 F.2d 843·
D.C. Cir.·
1990-07-20
·cited 69×
The court, in a dissenting opinion, argues that the trial court committed reversible error regarding prosecutorial misconduct during closing arguments and violations of the Classified Information Procedures Act (CIPA).
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211 So. 3d 930·
Fla.·
2017-02-23
·cited 67×
Quentin Truehill was convicted of the kidnapping and murder of Vincent Binder during a multi-state crime spree and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, addressing various appellate claims including jury selection, evidence adm
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71 So. 3d 881·
Fla.·
2011-09-15
·cited 66×
The Florida Supreme Court held that the amount of property damage is an essential element of felony criminal mischief that must be proven beyond a reasonable doubt by the State, and rejected the lower court's application of a "life experience" exception that allowed conviction wi
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718 F.2d 1317·
5th Cir.·
1983-10-25
·cited 66×
A district court cannot instruct a jury that a document is a security as a matter of law in a criminal prosecution; it is the jury's exclusive province to apply the law to the facts and determine if the document is a security.
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94 Fla. 469·
Fla.·
1927-08-01
·cited 66×
A. B. Christie was convicted of rape and sentenced to death, but the Florida Supreme Court reversed his conviction and granted a new trial, holding that he was denied a fair trial by being forced to proceed with inadequate time to prepare his defense after being arrested, moved t
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204 F.2d 834·
6th Cir.·
1953-06-02
·cited 65×
A defendant cannot waive the right to a unanimous jury verdict in a criminal case, as it is an essential element of due process.
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892 F.2d 269·
3d Cir.·
1989-12-19
·cited 64×
The court held that a defendant cannot appeal a district court's discretionary refusal to depart downward from sentencing guidelines, as such appeals are not authorized by statute.
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586 F.2d 1060·
5th Cir.·
1978-12-22
·cited 64×
The court held that the trial court did not err in admitting the appellant's confession, nor was the appellant subjected to double jeopardy or collateral estoppel.
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482 F.2d 648·
D.C. Cir.·
1973-05-31
·cited 64×
The court held that due process requires proof beyond a reasonable doubt for involuntary civil commitment, not merely a preponderance of the evidence.
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575 F.2d 681·
9th Cir.·
1978-01-23
·cited 63×
The dissenting judge argues that prosecutorial comment on the defendant's silence was not harmless error and, combined with other trial errors, denied the defendant a fair trial.
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97 Fla. 255·
Fla.·
1929-02-21
·cited 63×
Alfonso was convicted of unlawful carnal intercourse with an unmarried woman under 18 years of age. The Florida Supreme Court reversed his conviction because the trial judge's jury instructions omitted the essential element that the prosecuting witness was unmarried at the time o
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414 F.2d 1176·
D.C. Cir.·
1969-06-30
·cited 62×
The court held that a preliminary hearing identification confrontation is a critical stage requiring the presence of counsel under United States v. Wade, and that a single-photograph identification is impermissibly suggestive.
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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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55 Fla. 690·
Fla.·
1908-01-01
·cited 61×
Knight and others sought to reform a deed poll to expand their turpentine rights from a four-year limited reservation to an absolute exception allowing them to begin cutting boxes whenever convenient and enjoy the privilege for a full four-year period after cutting began. The Flo
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505 F.2d 1233·
2d Cir.·
1974-10-15
·cited 60×
A trial judge may enhance a sentence based on a finding of perjury, provided the judge is convinced beyond a reasonable doubt that the defendant committed perjury.
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473 F.2d 300·
2d Cir.·
1972-12-08
·cited 60×
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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290 F.2d 83·
2d Cir.·
1961-02-03
·cited 60×
The court held that the circumstantial evidence was sufficient to prove beyond a reasonable doubt that the defendant knew a warrant had been issued for the fugitive's arrest. It also held that the trial court did not err in failing to inspect Grand Jury minutes in this case.
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678 F.2d 1353·
9th Cir.·
1982-06-09
·cited 59×
The dissenting judge would reverse the conviction, finding the stipulated facts insufficient to prove guilt beyond a reasonable doubt.
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555 F.2d 470·
5th Cir.·
1977-07-05
·cited 58×
The court held that the evidence was insufficient to sustain a conviction for conspiracy or possession of marijuana.
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364 So. 2d 47·
Fla. 3d DCA·
1978-10-31
·cited 57×
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881 So. 2d 1079·
Fla.·
2004-05-13
·cited 56×
The Florida Supreme Court held that the State does not violate a plea agreement for prison time followed by probation when it later initiates civil commitment proceedings under the Jimmy Ryce Act, because such civil commitment is a separate civil matter based on current mental st
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728 F.2d 1322·
11th Cir.·
1984-03-15
·cited 56×
The court held that the trial judge's jury instruction on intent, while erroneous, was harmless beyond a reasonable doubt because the defendant's intent to kill was not a contested issue. The court also found that the statutory aggravating circumstance was properly applied and th
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430 F.2d 920·
5th Cir.·
1970-07-21
·cited 56×
The court held that the district court's findings were not clearly erroneous and that the articulation of a 'beyond a reasonable doubt' standard of proof for patent invalidity was not reversible error in this context. The court affirmed the judgment of patent infringement.