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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391 F.2d 460·
D.C. Cir.·
1968-01-18
·cited 19×
The court held that a defendant's amnesia does not automatically negate competency or responsibility, provided the evidence clearly establishes guilt beyond a reasonable doubt.
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134 F.2d 592·
5th Cir.·
1943-03-29
·cited 19×
The dissenting judge believes the indictment counts are valid and the evidence supports a conviction.
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629 So. 2d 179·
Fla. 2d DCA·
1993-10-29
·cited 18×
A juvenile was adjudicated delinquent of burglary and felony petit theft, but the appellate court reversed because the state failed to prove the appellant's identity as the perpetrator beyond a reasonable doubt. The court found that the conviction rested on an impermissible pyram
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617 So. 2d 313·
Fla.·
1993-04-19
·cited 18×
Robert Dale Henderson, a death row inmate under three death sentences, sought a stay of execution and challenged his death sentences through a second Rule 3.850 motion and habeas corpus petition. The Florida Supreme Court rejected all claims as either procedurally barred or harml
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971 F.2d 690·
11th Cir.·
1992-09-08
·cited 18×
Edwin Elgersma was convicted of drug-trafficking offenses and engaging in a continuing criminal enterprise, and a jury found several of his possessions forfeitable in a separate criminal forfeiture proceeding. The Eleventh Circuit, sitting en banc, held that the preponderance of
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844 F.2d 660·
9th Cir.·
1988-04-14
·cited 18×
The court held that the denial of certain trial transcripts was harmless error and that the government sufficiently proved the elements of the RICO charge. The conviction was affirmed.
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815 F.2d 1356·
10th Cir.·
1987-04-07
·cited 18×
The court held that sufficient evidence supported the jury's finding that Desert Drilling Company was an agent of Phillips, making Phillips vicariously liable for the actions of Desert Drilling's employees, and that evidence of prior settlements and incidents was admissible for p
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812 F.2d 1552·
11th Cir.·
1987-03-30
·cited 18×
The court held that the evidence was insufficient to support the contempt judgment against the appellant lawyer.
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446 So. 2d 1181·
Fla. 3d DCA·
1984-03-20
·cited 18×
A 16-year-old juvenile was adjudicated delinquent for grand theft based on possession of a recently stolen moped with a removed identification number. The court reversed, holding that the juvenile's unrefuted explanation for purchasing the moped, combined with the absence of incr
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721 F.2d 1189·
9th Cir.·
1983-12-12
·cited 18×
The court held that a jury instruction creating a presumption of intent, unconstitutional under Sandstrom v. Montana, cannot be harmless error if criminal intent was a disputed issue at trial.
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438 So. 2d 142·
Fla. 3d DCA·
1983-09-20
·cited 18×
Raymond Love was convicted of first-degree murder and challenged his conviction on two grounds: that the prosecutor improperly elicited testimony about his exercise of the right against self-incrimination, and that the evidence failed to establish premeditation or that the homici
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626 F.2d 99·
9th Cir.·
1980-08-04
·cited 18×
The court held that the age of the accused at the time of the offense is not a substantive element of juvenile delinquency that must be proven beyond a reasonable doubt.
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614 F.2d 929·
3d Cir.·
1980-02-12
·cited 18×
A state may constitutionally require a defendant to prove the affirmative defense of voluntary intoxication by a preponderance of the evidence, even when intoxication negates a specific intent element of the crime.
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607 F.2d 1124·
5th Cir.·
1979-12-05
·cited 18×
The court held that the district court's supplemental jury instruction was not impermissibly coercive and that the evidence was sufficient to support the convictions.
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594 F.2d 352·
3d Cir.·
1979-03-13
·cited 18×
The court held that the government met its burden of proving two separate conspiracies by a preponderance of the evidence, and the defendant's sentence was not improper.
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344 So. 2d 633·
Fla. 2d DCA·
1977-04-13
·cited 18×
Howard E. Donald was convicted of carrying a concealed firearm, but the Florida Second District Court of Appeal reversed, finding the circumstantial evidence insufficient to prove beyond a reasonable doubt that the firearm was concealed from ordinary sight.
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542 F.2d 1013·
8th Cir.·
1976-10-14
·cited 18×
The court held that while the cross-examination regarding post-arrest silence was a Doyle violation, the error was harmless beyond a reasonable doubt due to overwhelming evidence and corrective jury instructions.
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500 F.2d 1185·
10th Cir.·
1974-08-20
·cited 18×
The court held that the evidence was insufficient to sustain a conviction for making a false financial statement to a federally insured bank, as the government failed to prove the defendant's involvement in making the statement, his knowledge of its falsity, or that it was submit
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493 F.2d 441·
5th Cir.·
1974-05-03
·cited 18×
The court held that allowing the government to waive its opening argument and reserve its entire time for closing argument, over defendant's objection, constitutes an abuse of discretion that prejudices the defendant.
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491 F.2d 337·
6th Cir.·
1974-02-13
·cited 18×
The court held that the admission of co-defendants' confessions, even with limiting instructions, violated the confrontation clause unless the statements were adopted by the defendant or the error was harmless beyond a reasonable doubt. Silence in custody does not constitute adop
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487 F.2d 846·
6th Cir.·
1973-12-04
·cited 18×
The court held that the FBI agent did not violate appellant's constitutional rights by questioning him without his state-appointed counsel present, and any potential Bruton violation was harmless error.
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453 F.2d 414·
9th Cir.·
1972-01-06
·cited 18×
The court held that the government presented sufficient evidence to establish that the appellant knowingly and unlawfully received, concealed, and facilitated the concealment and transportation of heroin.
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277 F.2d 302·
2d Cir.·
1960-04-14
·cited 18×
The court held that the evidence was sufficient to prove guilt beyond a reasonable doubt and that the trial judge's conduct and charge were not prejudicial.
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136 Fla. 880·
Fla.·
1939-04-04
·cited 18×
Gordie Holder was convicted of fraudulently altering animal marks with intent to claim the animal and prevent identification by the owner. The Florida Supreme Court reversed, finding that the information was not defective, but the trial court abused its discretion by allowing the
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22 So. 3d 807·
Fla. 1st DCA·
2009-11-24
·cited 17×
Ivan Waylen Easterly appeals his conviction for sexual abuse of his stepdaughter, challenging the trial court's refusal to dismiss the information for failing to narrow the timeframe of alleged offenses, the admission of similar fact evidence of other molestation incidents, and a
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994 So. 2d 1018·
Fla.·
2008-10-08
·cited 17×
Andrew Gosciminski was convicted of first-degree murder, robbery with a deadly weapon, and burglary of a dwelling, and sentenced to death for the murder of Joan Loughman. The Florida Supreme Court reversed and remanded for a new trial, finding that the trial court committed multi
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981 So. 2d 502·
Fla. 4th DCA·
2008-03-19
·cited 17×
In this long-running dispute between Nical of Palm Beach and the Lewis parties, the court addressed whether a suspended fine and imprisonment coercive civil contempt sanction was properly fashioned and whether attorney's fees could be awarded as an additional sanction. The court
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777 So. 2d 366·
Fla.·
2000-06-15
·cited 17×
The Florida Supreme Court approved standard jury instructions and a verdict form for use in Jimmy Ryce Act proceedings, which govern the civil commitment of sexually violent predators after their criminal sentences expire. The Court addressed several contentious issues, including
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821 F.2d 1521·
11th Cir.·
1987-07-20
·cited 17×
The prosecution failed to present sufficient evidence to convict Coates beyond a reasonable doubt.
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718 F.2d 867·
8th Cir.·
1983-10-12
·cited 17×
The court held that the admission of prior felony convictions was proper, the business records exception applied to prove interstate commerce, and the arresting officer's testimony was sufficient evidence of possession.
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670 F.2d 1358·
4th Cir.·
1982-02-16
·cited 17×
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660 F.2d 527·
5th Cir.·
1981-09-02
·cited 17×
The court held that the district court did not err in admitting testimony regarding the battered child syndrome, excluding testimony about the defendant's intent to kill, admitting a photograph of the victim's heart, instructing the jury on intent and burden of proof, taking judi
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404 F.2d 1019·
5th Cir.·
1968-11-29
·cited 17×
The court held that the use of a defendant's statement during cross-examination, even if not formally introduced into evidence, can be sufficient to invoke the rule requiring an independent judicial determination of voluntariness before a jury can consider it.
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Frank Diecidue was convicted of violating Florida's lottery laws based on circumstantial evidence that bolita paraphernalia was found in his home during a raid. The Florida Supreme Court reversed his conviction, holding that the trial judge fundamentally erred by giving a jury in
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273 F.2d 144·
8th Cir.·
1959-12-29
·cited 17×
The court held that evasive and false testimony before a grand jury, which obstructs justice, can constitute criminal contempt, and the trial court was justified in finding the defendant guilty.
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955 F.2d 1116·
7th Cir.·
1992-02-03
·cited 16×
The court affirmed the convictions and sentences for conspiracy and related drug offenses, and dismissed one defendant's appeal regarding firearm possession.
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911 F.2d 131·
8th Cir.·
1990-08-13
·cited 16×
The court affirmed the defendant's convictions and sentence, finding no reversible error in the jury instructions, the handling of closing arguments, or the constitutionality of the Special Assessment Statute.
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534 So. 2d 1231·
Fla. 3d DCA·
1988-12-13
·cited 16×
Kevin Gibson appeals his conviction for resisting an officer without violence, arguing the trial court erred by refusing to excuse a prospective juror for cause. The court agrees and reverses, holding that the juror's responses demonstrated bias regarding the defendant's right to
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701 F.2d 670·
7th Cir.·
1983-03-02
·cited 16×
The court held that the government failed to prove beyond a reasonable doubt that the banks were federally insured at the time the false statements were made, an essential element of the offense under 18 U.S.C. § 1014.
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677 F.2d 841·
11th Cir.·
1982-06-04
·cited 16×
The court held that a jury instruction creating a presumption of intent, while potentially erroneous for murder, was harmless error for a voluntary manslaughter conviction because intent is not a required element. The court also held that the trial court's ruling did not improper
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678 F.2d 1·
1st Cir.·
1982-05-13
·cited 16×
The court held that the unconditional $5,000 fine imposed for civil contempt was punitive and impermissible in a civil proceeding, but the finding of civil contempt itself was valid.
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411 So. 2d 212·
Fla. 3d DCA·
1982-02-02
·cited 16×
The State appeals a trial court's suppression of evidence seized incident to an arrest following a traffic stop of a motorcycle for excessive noise. The appellate court reversed, holding that a police officer may lawfully stop a vehicle based on reasonable suspicion of a noise vi
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662 F.2d 428·
6th Cir.·
1981-09-30
·cited 16×
The dissenting judge held that the conviction for second-degree murder was not supported by proof beyond a reasonable doubt, violating due process.
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644 F.2d 418·
5th Cir.·
1981-05-04
·cited 16×
The court held that the government presented sufficient evidence to support a jury conviction for income tax evasion using the net worth method, establishing the appellant's opening net worth with reasonable certainty and adequately investigating potential non-taxable sources of
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The court held that the trial court's refusal to instruct the jury on self-defense and defense of others, where there was evidence supporting these theories, constituted a denial of due process.
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611 F.2d 412·
1st Cir.·
1980-01-04
·cited 16×
The court held that the state court's jury instruction on reasonable doubt, while not ideal, did not violate the defendants' constitutional rights by lowering the standard of proof.
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515 F.2d 1070·
2d Cir.·
1975-05-06
·cited 16×
The court held that the government failed to prove beyond a reasonable doubt that the defendants knew the Treasury bills were stolen from a bank, an essential element of the crime charged.
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483 F.2d 1071·
5th Cir.·
1973-09-11
·cited 16×
The court held that the trial court's jury instruction on the presumption of innocence, while not in the customary form, was not reversible error because it correctly informed the jury of the presumption's purpose and function.
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444 F.2d 1372·
7th Cir.·
1971-06-03
·cited 16×
The court held that the search warrant was sufficiently supported by probable cause, making the arrest valid, and the subsequent searches of the car were not unreasonable. However, convictions based on inferences from unexplained possession for cocaine and marihuana were reversed
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392 F.2d 524·
4th Cir.·
1968-03-19
·cited 16×
The court held that the defendant's conviction for refusing civilian work was valid, as he was properly classified as delinquent and accorded due process.