Burden Of Proof By Preponderance Of The Evidence

128 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Dennis v. State
  51 So. 3d 456· Fla.· 2010-12-16 ·cited 137×
  The Florida Supreme Court held that when a criminal defendant moves to dismiss based on the Stand Your Ground statute (section 776.032), the trial court must conduct a pretrial evidentiary hearing and decide factual questions about immunity, rather than simply denying the motion
• Turner v. Texas Instruments
  555 F.2d 1251· 5th Cir.· 1977-07-15 ·cited 125×
  The court held that the employer is required to prove legitimate, nondiscriminatory reasons for its actions by a preponderance of the evidence, not clear and convincing evidence, and that the employer's honest belief in the employee's misconduct, even if mistaken, can serve as a
• Anton Kevin Peterson v. State
  382 So. 2d 701· Fla.· 1980-04-03 ·cited 46×
  The Florida Supreme Court addressed whether a trial judge must explicitly state on the record that a defendant's statement is voluntary before admitting it into evidence. The Court held that while explicit findings are helpful, they are not required if the record clearly demonstr
• Koile v. State
  902 So. 2d 822· Fla. 5th DCA· 2005-01-07 ·cited 41×
  Timothy Koile appealed a restitution order totaling over $2 million imposed after he pled no contest to second degree murder. The Fifth District Court of Appeal reversed the award of lost wages for the victim's parents attending trial but affirmed the award of the victim's lost f
• Thomas v. State
  581 So. 2d 992· Fla. 2d DCA· 1991-06-28 ·cited 39×
  James B. Thomas appealed a restitution order of $8,500 imposed after he pled nolo contendere to burglary and grand theft. The Florida District Court of Appeal reversed, finding the state failed to present sufficient competent evidence to support the restitution amount because hea
• Bundy v. Dugger
  850 F.2d 1402· 11th Cir.· 1988-07-07 ·cited 39×
  The court affirmed the district court's denial of habeas corpus relief, finding no abuse of the writ, no incompetence to stand trial, no denial of choice of counsel, no ineffective assistance of counsel, no improper Faretta inquiry, no constitutional issue regarding the race of t
• Mobley v. State
  132 So. 3d 1160· Fla. 3d DCA· 2014-01-02 ·cited 33×
  Gabriel Mobley was charged with two counts of second-degree murder for shooting two men outside a restaurant. The Florida Third District Court of Appeal granted Mobley's petition for writ of prohibition, finding that he was entitled to immunity from prosecution under Florida's St
• United States v. Perry
  908 F.2d 56· 6th Cir.· 1990-07-11 ·cited 33×
• Wilcox v. First Interstate Bank OF Or., N.A.
  815 F.2d 522· 9th Cir.· 1987-04-17 ·cited 32×
  The jury verdicts for the bank on common law fraud claims collaterally estop prosecution of RICO claims based on mail fraud predicate acts.
• The United States v. Felton
  753 F.2d 276· 3d Cir.· 1985-01-16 ·cited 32×
  The court held that the government failed to prove by a preponderance of the evidence that the appellant was involved in two distinct conspiracies, thus reversing the district court's denial of the double jeopardy motion.
• Joseph v. State
  103 So. 3d 227· Fla. 4th DCA· 2012-12-12 ·cited 30×
  Leon Joseph sought a writ of prohibition to review the denial of his motion to dismiss based on Stand Your Ground self-defense immunity before trial for manslaughter with a deadly weapon. The Fourth District Court of Appeal held that prohibition is an appropriate remedy to review
• United States v. Futch
  637 F.2d 386· 5th Cir.· 1981-02-19 ·cited 28×
  The court held that the district court correctly denied the appellants' motion to dismiss the indictment on double jeopardy grounds, finding the two conspiracies charged were separate offenses.
• Crail v. United States
  430 F.2d 459· 10th Cir.· 1970-08-27 ·cited 28×
  The court held that the defendant's claim of mental incompetence at the time of his guilty plea was not supported by sufficient evidence, and the trial court's findings were not clearly erroneous.
• Hair v. State
  17 So. 3d 804· Fla. 1st DCA· 2009-08-19 ·cited 26×
  A person using defensive force against an unlawful and forcible entrant into an occupied vehicle is immune from criminal prosecution under Florida's 'Stand Your Ground' law, even if the weapon accidentally discharged.
• United States v. Palmer
  946 F.2d 97· 9th Cir.· 1991-09-27 ·cited 24×
  The court held that a sentence imposed upon revocation of probation is to be treated as part of the original sentence and computed separately from a sentence imposed for a new criminal conviction when consolidated for sentencing.
• United States v. Krezdorn
  718 F.2d 1360· 5th Cir.· 1983-11-10 ·cited 24×
  A prima facie case of prosecutorial vindictiveness can be rebutted by showing that the prosecutor's decision to add charges was motivated by a desire to cure an evidentiary error identified on appeal, rather than to punish the defendant for exercising his appellate rights.
• Ketan Kumar v. Nirav C. Patel
  227 So. 3d 557· Fla.· 2017-09-28 ·cited 23×
  The Florida Supreme Court held that a defendant's Stand Your Ground immunity determination in a criminal proceeding does not bind a civil plaintiff and therefore does not confer immunity from civil liability. The Court rejected the Second District's interpretation that the statut
• Young AH Chor v. Dulles
  270 F.2d 338· 9th Cir.· 1959-09-11 ·cited 20×
  The court held that the trial court erred in admitting testimony from a witness not intimately acquainted with the family, which was crucial to the decision, and that the cross-examination, while broad, was not an abuse of discretion.
• United States v. Mastrangelo
  693 F.2d 269· 2d Cir.· 1982-11-15 ·cited 19×
• Brown v. State
  813 So. 2d 202· Fla. 2d DCA· 2002-04-03 ·cited 16×
  The court held that the State failed to prove willful and substantial violations of community control conditions, specifically being away from residence and failing to complete community service hours.
• United States v. Mutulu Shakur
  817 F.2d 189· 2d Cir.· 1987-04-10 ·cited 16×
  The court held that the district court erred in finding that conditions could reasonably assure the defendant's presence at trial, reversing the order of release.
• State v. Fontaine
  955 So. 2d 1248· Fla. 4th DCA· 2007-05-16 ·cited 15×
  A downward departure sentence is affirmed where competent substantial evidence supports a finding that the defendant's capacity to appreciate the criminal nature of his conduct or conform to law was substantially impaired at the time of the offense due to medication side effects,
• Dickens v. State
  556 So. 2d 782· Fla. 2d DCA· 1990-02-09 ·cited 15×
  The court held that a trial court has discretion to determine the amount of restitution based on factors beyond fair market value, and the defendant waived the issue of ability to pay by failing to present evidence or object.
• State v. Ford
  48 So. 3d 948· Fla. 3d DCA· 2010-12-01 ·cited 14×
  The State appealed a trial court's downward departure from sentencing guidelines in a burglary case. The court sentenced the defendant to probation based on his need for specialized mental health treatment, but the appellate court reversed because the defendant failed to establis
• White v. Estelle
  669 F.2d 973· 5th Cir.· 1982-03-08 ·cited 14×
  The court held that the federal habeas review standard for a state court jury's competency verdict is whether any rational trier of fact could conclude the evidence does not predominate in favor of incompetence, viewing evidence favorably to the verdict.
• Limbaugh v. State
  16 So. 3d 954· Fla. 5th DCA· 2009-08-21 ·cited 13×
  Julie Limbaugh appeals her probation revocation for failure to pay restitution and supervision costs. The court reversed because the State presented no evidence that Limbaugh had the ability to pay, which is required to prove a willful violation of probation.
• State v. Browne
  187 So. 3d 377· Fla. 5th DCA· 2016-03-18 ·cited 12×
  The State appealed a downward departure sentence imposed on Browne for a second probation violation. The trial court sentenced Browne to 51 weeks in county jail, below the minimum 15.15 months required by the Criminal Punishment Code, citing his youth as a mitigating factor. The
• Y.P. v. Dep't of Child. & Fam. Servs.
  939 So. 2d 1118· Fla. 3d DCA· 2006-10-04 ·cited 12×
  A father appeals an adjudication of his minor children as dependent based on his violent behavior and domestic abuse in the presence of the children. The Florida appellate court affirmed the dependency adjudication, holding that the evidence sufficiently established the children
• Hall v. State Farm Fire & Cas. Co.
  937 F.2d 210· 5th Cir.· 1991-08-02 ·cited 12×
  The court held that the trial court did not err in interpreting the pretrial order or the insurance policy, nor in its jury instructions regarding misrepresentation and arson. However, the court remanded the issue of costs because the trial judge failed to state reasons for denyi
• United States v. Caruth
  930 F.2d 811· 10th Cir.· 1991-04-16 ·cited 12×
  The Tenth Circuit affirmed the district court's sentence, holding that the defendant failed to establish by a preponderance of the evidence that he was a "minimal participant" under the Sentencing Guidelines.
• Medtronic Inc. v. Intermedics, Inc.
  799 F.2d 734· Fed. Cir.· 1986-08-15 ·cited 12×
  The court affirmed the district court's judgment, holding that the C/D patent was not proven invalid and the R/S patent was invalid for obviousness.
• Miller v. State
  833 So. 2d 318· Fla. 2d DCA· 2003-01-03 ·cited 11×
  Bonnie Miller appealed a restitution order requiring her to pay $10,000 for a stolen coin collection. The Florida appellate court reversed, finding that hearsay testimony from the victim's son was insufficient to establish the amount of loss, and that the trial court erred by con
• Spires v. State
  180 So. 3d 1175· Fla. 3d DCA· 2015-12-09 ·cited 10×
  Xavier Spires petitioned for a writ of prohibition after the trial court denied his motion to dismiss charges based on Florida's Stand Your Ground law. The court affirmed the denial, finding that conflicting evidence and competent substantial evidence contradicted Spires' self-de
• Kanecia Campbell v. State
  939 So. 2d 242· Fla. 1st DCA· 2006-10-16 ·cited 10×
  Kanecia Campbell challenges the revocation of her community control based on her failure to complete a residential drug treatment program. The court reversed, holding that the State failed to prove a willful violation because Campbell was still attending the program with sufficie
• D.E.R. v. State
  744 So. 2d 1244· Fla. 5th DCA· 1999-11-19 ·cited 10×
  A juvenile appeals the trial court's decision to revoke his community control and commit him to a level four Department of Juvenile Justice program instead of accepting the Department's recommendation for continued community control. The appellate court affirmed, holding that the
• Onel Montalvo v. State
  705 So. 2d 984· Fla. 3d DCA· 1998-02-04 ·cited 10×
  Onel Montalvo appeals a restitution order imposed as part of his plea agreement for grand theft involving cruise tickets and amenities. The court affirmed the restitution award, holding that the state need not prove the tickets would have been sold to other customers; rather, res
• House v. State
  614 So. 2d 677· Fla. 1st DCA· 1993-03-04 ·cited 10×
  John House was convicted of grand theft and ordered to pay $14,716.17 in restitution to Sunland Food Mart. The appellate court affirmed the probation order but reversed the restitution order because the state failed to prove by a preponderance of the evidence that the defendant c
• Southpointe Pharmacy v. Dep't of Health & Rehabilitative Servs.
  596 So. 2d 106· Fla. 1st DCA· 1992-03-11 ·cited 10×
  Southpointe Pharmacy appealed a Department of Health and Rehabilitative Services (HRS) final order finding Medicaid overpayments of $7,742.93, imposing a $250 fine, and suspending the pharmacy from Medicaid for three months. The Florida appellate court reversed, holding that HRS
• Glass Design Imports, Inc. v. Import Specialties
  867 F.2d 1139· 8th Cir.· 1989-02-14 ·cited 10×
  The court held that certain damages awarded for foregone salaries were impermissible and reversed punitive damage awards against two defendants, while affirming other awards and denying a cross-appeal.
• Eichhorn v. State
  386 So. 2d 604· Fla. 5th DCA· 1980-08-06 ·cited 10×
  James Eichhorn was convicted of cannabis possession and sentenced as a habitual felony offender. The appellate court reversed the enhanced sentence because the trial judge failed to state on the record the specific reasons for invoking the enhanced penalty statute, violating stat
• Hurwitz v. Poon
  364 F.2d 878· C.C.P.A.· 1966-08-11 ·cited 10×
  The court held that the Board of Interferences correctly awarded priority to the junior party Poon, finding sufficient evidence of actual reduction to practice and proper interpretation of the interference count.
• Rollins v. Rollins
  336 So. 3d 1241· Fla. 5th DCA· 2022-03-17 ·cited 8×
  Lindsay Rollins appealed the denial of an injunction for protection against sexual violence under Florida law. The trial court found both parties credible but determined that Ms. Rollins failed to meet her burden of proving by a preponderance of the evidence that sexual violence
• State v. Saunders
  46 Fla. L. Weekly D995· Fla. 2d DCA· 2021-07-07 ·cited 8×
  The State appealed sentences of time served for felony petit theft convictions, arguing they were downward departures without a valid basis. The appellate court agreed, finding no legal justification or factual support for the sentences imposed over the State's objection.
• Pavilion Apts. & Claims Ctr. v. Wetherington
  943 So. 2d 226· Fla. 1st DCA· 2006-11-06 ·cited 8×
  Pavilion Apartments and its insurer Claims Center suspended William Wetherington's permanent total disability and medical benefits, claiming he committed workers' compensation fraud by making false statements during a deposition. The court affirmed the lower court's finding that
• Pelle v. Glantz
  349 So. 2d 732· Fla. 3d DCA· 1977-08-23 ·cited 8×
  In this mortgage foreclosure dispute, the trial court found a mortgage executed by the Pelles to the Glantzs to be unenforceable due to lack of valid consideration and the mortgagor's unclean hands. The appellate court affirmed, finding substantial evidence supported the trial co
• Waxler v. Waxler Towing Co., Inc.
  342 F.2d 746· 6th Cir.· 1965-01-29 ·cited 8×
  The court held that the jury charge, despite minor deficiencies, was not so prejudicial as to warrant reversal, especially given the lack of timely objection.
• In the Interest of K.C. and D.C. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  87 So. 3d 827· Fla. 2d DCA· 2012-05-16 ·cited 6×
  In a dependency proceeding, the Second District Court of Appeal reversed the circuit court's adjudication finding two minor children dependent upon their mother based on her alleged denial of the father's alcohol abuse. The court held that the Department failed to present compete
• Martinez v. State
  44 So. 3d 1219· Fla. 1st DCA· 2010-09-30 ·cited 6×
  A Florida appellate court granted a defendant's petition for writ of mandamus, ordering the trial court to hold a pretrial evidentiary hearing on his Stand Your Ground immunity claim before proceeding to trial. The court held that when a defendant timely raises a statutory immuni
• United States v. Gilliam
  987 F.2d 1009· 4th Cir.· 1993-02-12 ·cited 6×
  A defendant's guilty plea to an indictment alleging participation in a conspiracy to distribute a specific quantity of drugs constitutes sufficient evidence that the defendant was responsible for that quantity for sentencing purposes.
• United States v. Diaz
  891 F.2d 1057· 2d Cir.· 1989-12-14 ·cited 6×
  The court held that a jury instruction allowing the inference of participation in the theft of checks from mere possession of recently stolen checks was unduly prejudicial and deprived the defendant of a fair trial.