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553 So. 2d 778·
Fla. 4th DCA·
1989-12-20
The State appeals the trial court's imposition of concurrent probation sentences for Robert Lacey's convictions on multiple counts of official misconduct, grand theft, and petit theft, arguing the sentences constitute an improper downward departure from sentencing guidelines that
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877 F.2d 802·
9th Cir.·
1989-06-13
The court held that the Indeterminate Sentence Review Board's use of prior convictions, which were not proven beyond a reasonable doubt in a prior habitual criminal proceeding, does not violate double jeopardy because the burdens of proof in the two proceedings were different.
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864 F.2d 13·
2d Cir.·
1988-12-21
The court held that even if a single jury instruction on circumstantial evidence was potentially misleading when viewed in isolation, the overall jury charge, which repeatedly emphasized proof beyond a reasonable doubt, did not alter the state's burden of proof.
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530 So. 2d 503·
Fla. 3d DCA·
1988-09-06
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804 F.2d 487·
8th Cir.·
1986-11-03
The court held that even if statements obtained through deception were improperly admitted, the error was harmless beyond a reasonable doubt, and the admission of hearsay and refusal of voir dire questions were also not grounds for reversal.
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485 So. 2d 1279·
Fla.·
1986-04-10
Florida Supreme Court held that a prior inconsistent statement standing alone is insufficient to sustain a criminal conviction beyond a reasonable doubt, even if admissible as substantive evidence under the state's evidence rules. Moore was charged with first-degree murder based
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469 U.S. 948·
U.S.·
1984-10-29
The dissenting justices argue that certiorari should be granted to review the Ohio appellate court's holding that the jury was properly instructed that the petitioner had the burden of proving self-defense by a preponderance of the evidence. They contend that the Due Process Clau
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457 So. 2d 586·
Fla. 3d DCA·
1984-10-16
Florida appellate court affirmed defendant's robbery and attempted first-degree murder convictions, holding that any error in admitting victim identification evidence was harmless and that the trial court properly restricted cross-examination regarding the victim's drug activity
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419 So. 2d 398·
Fla. 4th DCA·
1982-09-15
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412 So. 2d 420·
Fla. 4th DCA·
1982-04-14
The court held that the evidence presented was sufficient to create a jury question regarding the appellant's constructive possession of marijuana.
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646 F.2d 247·
6th Cir.·
1981-04-21
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386 So. 2d 584·
Fla. 3d DCA·
1980-07-30
Hector Ramirez was convicted of unlawful cocaine possession based on constructive possession theory after cocaine was found in an attaché case in his brother's car. The appellate court reversed, finding the state failed to prove both elements of constructive possession—knowledge
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49 Fla. Supp. 206·
Flagler Cty. Cir. Ct.·
1979-08-07
In this traffic case, the circuit court reversed defendant's conviction for speeding, finding a fatal variance between the time charged in the citation and the time proven at trial, and holding that radar evidence was inadmissible without compliance with statutory certification r
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48 Fla. Supp. 207·
Dade Cty. Ct.·
1979-05-07
In this case of first impression, the Dade County Court held that radar speed-measuring devices as used by police in their current mode have not been proven reliable beyond a reasonable doubt or to a reasonable degree of scientific certainty. After hearing over 2,000 pages of tes
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589 F.2d 843·
5th Cir.·
1979-02-14
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588 F.2d 317·
1st Cir.·
1978-12-18
The court held that the district court erred in vacating the state convictions, finding sufficient evidence of notice of the injunction and rejecting the 'invited contempt' argument.
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48 Fla. Supp. 88·
Dade Cty. Cir. Ct.·
1978-10-23
In this traffic infraction case, the court reverses the defendant's conviction for improper lane change because the state failed to prove beyond a reasonable doubt that the defendant was the driver, despite the trial judge's order compelling production of a driver's license for i
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562 F.2d 316·
4th Cir.·
1977-09-19
The court held that the trial judge's instruction to apply contemporary community standards to determine the serious scientific value of the material was an erroneous constitutional error that was not harmless beyond a reasonable doubt.
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429 U.S. 1111·
U.S.·
1977-02-22
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326 So. 2d 7·
Fla.·
1975-07-09
The Florida Supreme Court granted The Florida Bar's petition to amend Article XVI of the Integration Rule concerning unauthorized practice of law. The amended rule established a comprehensive framework for investigating and prosecuting unauthorized practice of law through circuit
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512 F.2d 311·
3d Cir.·
1975-03-06
The prosecution failed to present sufficient evidence to convict the defendant of causing death by operating a vehicle in a reckless manner or with disregard for the safety of others.
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489 F.2d 344·
3d Cir.·
1974-01-02
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487 F.2d 1208·
D.C. Cir.·
1973-11-09
The court held that the evidence was insufficient to prove the taking and asportation of property, thus vacating the armed robbery conviction.
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276 So. 2d 534·
Fla. 3d DCA·
1973-04-24
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494 F.2d 355·
7th Cir.·
1973-02-27
The court held that the supplemental jury charge, while containing some potentially problematic language, was not coercive and did not violate the defendant's constitutional rights, nor did other evidentiary rulings or challenges to the sufficiency of the evidence warrant reversa
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271 So. 2d 820·
Fla. 3d DCA·
1973-01-15
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469 F.2d 335·
2d Cir.·
1972-11-15
A federal court may only inquire if there was *any* evidence to support a state conviction in a habeas corpus proceeding, not re-evaluate sufficiency.
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468 F.2d 816·
3d Cir.·
1972-10-13
The court held that even if the admission of the sheriff's testimony was constitutional error, it was harmless beyond a reasonable doubt given the other evidence presented.
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464 F.2d 570·
5th Cir.·
1972-07-28
The court held that the evidence was sufficient to warrant conviction and any error in admitting testimony was harmless.
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449 F.2d 785·
8th Cir.·
1971-10-15
The appellate court held that the admission of a co-defendant's extra-judicial confession, though a violation of the Bruton rule, constituted harmless error beyond a reasonable doubt.
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440 F.2d 788·
8th Cir.·
1971-04-14
The court held that the prosecutor's alleged misconduct in displaying inadmissible exhibits and adducing fingerprint testimony did not violate the petitioner's constitutional right to a fair trial and any trial errors were harmless beyond a reasonable doubt.
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240 So. 2d 854·
Fla. 4th DCA·
1970-11-06
Richard Murphy was convicted of two counts of culpable negligence manslaughter for deaths allegedly resulting from an automobile accident. The Florida appellate court reversed and remanded for a new trial because the State failed to establish essential elements of the corpus deli
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429 F.2d 214·
D.C. Cir.·
1970-06-29
The court held that the standard of proof in juvenile delinquency proceedings for acts constituting crimes is proof beyond a reasonable doubt, not a preponderance of the evidence.
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427 F.2d 1164·
9th Cir.·
1970-05-06
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423 F.2d 202·
3d Cir.·
1970-03-25
The court held that the government's proof was sufficient to sustain the conviction for interstate transportation of a stolen vehicle.
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343 F.2d 500·
7th Cir.·
1965-03-23
The court held that the evidence, viewed in the light most favorable to the government, was sufficient to support the conviction for tax evasion, demonstrating willfulness and consciousness of guilt.
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23 Fla. Supp. 84·
Escambia Cty. Cir. Ct.·
1964-09-03
A defendant appeals his municipal court conviction for traffic and DWI charges. The appellate court affirmed the convictions for speeding and running stop signs, but reversed the DWI conviction due to judicial bias and improper off-the-record plea negotiations, finding the trial
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318 F.2d 171·
7th Cir.·
1963-06-13
A federal court cannot grant declaratory or injunctive relief to stay state court ordinance prosecutions, as such actions would disrupt state court proceedings and violate federal statutes.
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20 Fla. Supp. 129·
Dade Cty. Cir. Ct.·
1962-05-31
The City of Miami appealed a trial court's decision to continue a municipal offense case to allow additional prosecution testimony after both sides had rested. The appellate court reversed the convictions, holding that continuing the trial after the prosecution rested implicitly
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18 Fla. Supp. 189·
Dade Cty. Cir. Ct.·
1961-10-13
The court held that the fraud allegations were insufficient for a constructive trust action and that the evidence did not meet the required standard of proof.
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114 So. 2d 197·
Fla. 1st DCA·
1959-08-06
LeRoy Clark was convicted of uttering a forged check after attempting to purchase items at a drugstore. The Florida District Court of Appeal reversed his conviction, holding that the jury cannot compare handwriting to determine forgery without expert or skilled witness testimony,
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260 F.2d 469·
6th Cir.·
1958-10-21
The court held that the evidence presented was sufficient to support the conviction for introducing adulterated eggs into interstate commerce.
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182 F.2d 469·
2d Cir.·
1950-04-24
The court held that the trial judge's instructions and comments were not reversible error, and the jury's verdict of guilt for mail fraud was supported by the evidence.
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1 Fla. Supp. 89·
Dade Cty. Cir. Ct.·
1948-04-24
A defendant was convicted of reckless driving by causing an accident in municipal court and fined $25. On appeal to circuit court, the conviction was reversed because the evidence was insufficient to prove reckless driving beyond a reasonable doubt, as the defendant had the right
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158 Fla. 845·
Fla.·
1947-05-02
The Florida Supreme Court reversed the conviction of S.C.M. Thomas, a Marion County sheriff indicted for permitting and protecting Harry Carta's lottery operations and corruptly releasing him from custody. The court found the evidence insufficient to establish guilt beyond a reas
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158 F.2d 643·
5th Cir.·
1946-12-03
The court held that the evidence was sufficient to prove the defendant was an alien who falsely represented himself as a U.S. citizen.
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155 F.2d 827·
6th Cir.·
1946-05-29
The court held that the term 'stampings' as used in the tariffs was too vague and indefinite, and the evidence was insufficient to support a conviction beyond a reasonable doubt.
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143 F.2d 500·
3d Cir.·
1944-06-16
The court held that there was sufficient evidence to support the finding of guilt for violating the Emergency Price Control Act of 1942, rejecting the defendant's agency defense.
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129 F.2d 343·
C.C.P.A.·
1942-06-01
The court held that the appellees established conception of the invention by May 16, 1938, and reduction to practice by June 28, 1938, and that the appellant failed to demonstrate diligence in reducing the invention to practice.