Confrontation Clause

1,935 Florida cases classified under this topic, plus 1,522 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Coco v. State
  62 So. 2d 892· Fla.· 1953-01-20 ·cited 141×·via Right To Confrontation
  Eddie Coco was convicted of second-degree murder in the death of Johnnie Smith, based partly on eyewitness testimony and fingerprint evidence. The Florida Supreme Court reversed the conviction, holding that the trial court committed reversible error by denying defense counsel the
• United States v. Ghassan L. Ammar
  714 F.2d 238· 3d Cir.· 1983-06-30 ·cited 140×
  The court held that while the district court was not required to hold an in limine hearing, it should have made explicit credibility findings when the evidence aliunde relied on witness testimony whose credibility was challenged.
• United States v. Johnson
  575 F.2d 1347· 5th Cir.· 1978-07-05 ·cited 139×
  The court held that there was no prejudicial variance between the indictment and the proof at trial, nor between the bill of particulars and the proof, and that the trial court did not err in refusing to define statutory terms like 'organizer' or 'substantial income'.
• Rhodes v. State
  547 So. 2d 1201· Fla.· 1989-07-06 ·cited 138×·via Right To Confrontation
  Richard Wallace Rhodes was convicted of first-degree murder and sentenced to death for the 1984 strangulation of Karen Nieradka in Florida. The Florida Supreme Court affirmed the conviction but remanded for a new sentencing hearing due to multiple errors in the penalty phase, inc
• In & for New Castle Cnty.
  1992 WL 358030· Del. Super. Ct.· 2011-03-22 ·cited 136×
  The Superior Court denied the defendant's third motion for postconviction relief, finding that most of his claims were time-barred under Rule 61(i)(1) and that the exceptions for miscarriage of justice or constitutional violations were not met. The court analyzed claims of ineffe
• Foster v. State
  614 So. 2d 455· Fla.· 1992-10-22 ·cited 136×·via Right To Confrontation
  Charles Kenneth Foster appeals his death sentence imposed after resentencing. The Florida Supreme Court affirmed the denial of his postconviction motion for procedural and substantive reasons, but vacated and remanded his death sentence because the trial court's resentencing orde
• United States v. West
  670 F.2d 675· 7th Cir.· 1982-01-29 ·cited 136×
  The court held that the district court did not abuse its discretion in denying severance motions, dismissing the indictment, or in most evidentiary rulings, and that any errors were harmless.
• United States v. Seale
  461 F.2d 345· 7th Cir.· 1972-05-11 ·cited 135×
  The court held that a defendant is entitled to a jury trial for contempt charges if the aggregate sentence for multiple contemptuous acts exceeds six months, and that the trial judge should have inquired into the defendant's objections to his appointed counsel.
• United States v. Kirk
  534 F.2d 1262· 8th Cir.· 1976-04-22 ·cited 134×
  The court held that the evidence was sufficient to support a conviction for a single conspiracy and that the trial court did not err in admitting recorded conversations or denying severance motions.
• Milo A. Rose v. State
  617 So. 2d 291· Fla.· 1993-03-11 ·cited 133×
  Milo Rose, a death-row inmate, appealed the denial of his motion for postconviction relief following his 1982 murder conviction and death sentence. The Florida Supreme Court affirmed the denial, rejecting claims of ineffective assistance of counsel at both guilt and penalty phase
• United States v. Wilson
  500 F.2d 715· 5th Cir.· 1974-09-18 ·cited 132×·via Right To Confrontation
  The court affirmed the convictions, finding no merit in the appellants' arguments regarding statutory vagueness, severance, admission of evidence, prosecutorial misconduct, or insufficiency of evidence.
• Verdugo v. United States
  402 F.2d 599· 9th Cir.· 1968-05-16 ·cited 132×·via Right To Confrontation
  The dissenting judge held that illegally seized evidence, though inadmissible for determining guilt, may be considered by the sentencing judge. The judge also stated there was no error in not providing the defendant with a copy of the presentence report.
• Rodgers v. State
  948 So. 2d 655· Fla.· 2006-10-26 ·cited 131×
  Theodore Rodgers was convicted of first-degree murder for shooting his wife Teresa Henderson and sentenced to death. The Florida Supreme Court affirmed the conviction and sentence, rejecting challenges to jury selection, hearsay evidence, mental retardation findings, and the cons
• Keen v. State
  775 So. 2d 263· Fla.· 2000-09-28 ·cited 131×
  Michael Scott Keen was convicted of first-degree murder in the death of his wife Anita Lopez Keen and sentenced to death after the trial judge overrode the jury's 7-5 recommendation for life imprisonment. The Florida Supreme Court reversed the conviction and vacated the death sen
• United States v. Gray
  626 F.2d 494· 5th Cir.· 1980-09-26 ·cited 131×·via Right To Confrontation
  The court held that the 'slight evidence' jury instruction on conspiracy was reversible error, requiring reversal of those convictions for some defendants, but affirmed other convictions and declined to review certain sufficiency claims under the concurrent sentence doctrine.
• Gardner v. State
  480 So. 2d 91· Fla.· 1985-12-12 ·cited 130×
  Kenneth Gardner was convicted of first-degree murder and robbery and sentenced to death for the stabbing death of Joseph Holda during a robbery. The Florida Supreme Court vacated the convictions and remanded for a new trial due to the trial judge's failure to instruct the jury on
• Nelson v. State
  748 So. 2d 237· Fla.· 1999-05-27 ·cited 129×
  Joshua D. Nelson was convicted of first-degree murder and robbery for his role in the brutal killing of Tommy Owens, a murder he committed with his codefendant Keith Brennan to steal Owens' car. The Florida Supreme Court affirmed Nelson's convictions and death sentence, finding t
• Roberts v. State
  510 So. 2d 885· Fla.· 1987-07-02 ·cited 129×·via Right To Confrontation
  Rickey Bernard Roberts was convicted of first-degree murder, armed sexual battery, and armed kidnapping in the brutal murder of George Ñapóles and assault of Michelle Rimondi on a Florida beach. The Florida Supreme Court affirmed his convictions and death sentence, rejecting mult
• United States v. Andrus
  775 F.2d 825· 7th Cir.· 1985-10-22 ·cited 129×·via Sixth Amendment (Confrontation Clause)
  The court held that the trial court did not err in admitting coconspirator statements under Fed.R.Evid. 801(d)(2)(E) and that the procedures used to determine admissibility did not violate defendants' rights.
• Hall v. State
  136 Fla. 644· Fla.· 1939-03-14 ·cited 129×
  Mae Hall was convicted of perjury for recanting testimony she had previously given in a murder trial. The Florida Supreme Court affirmed the conviction on pleading and charging issues, but reversed and remanded on the ground that the trial court erroneously instructed the jury th
• Mills v. State
  476 So. 2d 172· Fla.· 1985-08-30 ·cited 125×·via Right To Confrontation
  Gregory Mills was convicted of first-degree murder, burglary, and aggravated battery for shooting James Wright during a home invasion. The Florida Supreme Court affirmed the murder and burglary convictions and death sentence, but vacated the aggravated battery conviction as a mer
• Engle v. State
  438 So. 2d 803· Fla.· 1983-09-15 ·cited 124×·via Right To Confrontation
  Gregory Scott Engle was convicted of first-degree murder and sentenced to death despite a jury recommendation of life imprisonment. The Florida Supreme Court upheld the conviction but vacated the sentence due to the trial judge's improper consideration of a co-defendant's confess
• United States v. Mayes
  512 F.2d 637· 6th Cir.· 1975-02-25 ·cited 123×·via Right To Confrontation
  The court held that the evidence was sufficient to support a jury finding of a single conspiracy and that the trial court did not abuse its discretion in its jury instructions or the handling of peremptory challenges and severance motions.
• Jaggers v. State
  536 So. 2d 321· Fla. 2d DCA· 1988-12-20 ·cited 122×
  Jaggers was convicted of three counts of sexual battery against children, but the Florida District Court of Appeal reversed all convictions, finding that the state failed to prove penetration (an essential element) for two counts, improperly admitted prior inconsistent statements
• United States v. Williams
  737 F.2d 594· 7th Cir.· 1984-06-08 ·cited 122×
  The court held that the electronic surveillance evidence was admissible because the applications and orders satisfied statutory requirements and the Fourth Amendment, and any misrepresentations or omissions in the affidavits were not material to probable cause.
• Calley v. Callaway
  519 F.2d 184· 5th Cir.· 1975-09-10 ·cited 120×·via Right To Confrontation
  The court held that federal courts have a limited scope of review for court-martial convictions, requiring claims to be of substantial constitutional dimension or fundamental legal error, and that the military courts had fairly considered Calley's claims.
• United States v. Weiner
  578 F.2d 757· 9th Cir.· 1978-05-15 ·cited 119×
  The court held that juror affidavits are inadmissible to impeach a unanimous verdict returned in open court, that the Allen charge was not coercive, and that various other alleged trial errors, including restrictions on cross-examination and issues related to coconspirator hearsa
• United States v. Figueroa
  618 F.2d 934· 2d Cir.· 1980-02-26 ·cited 118×
  The dissenting judge would affirm the jury's verdict and the trial court's decisions regarding evidence admissibility and joint trial.
• United States v. Eubanks
  591 F.2d 513· 9th Cir.· 1979-02-02 ·cited 118×
  The court, in a concurring opinion, expresses concerns that the prosecution's broad conspiracy charge and joinder of multiple defendants may have abused joinder powers and created undue prejudice, potentially outweighing judicial economy benefits.
• United States v. Scott
  425 F.2d 55· 9th Cir.· 1970-03-06 ·cited 118×
  The court should exercise its discretion against applying the plain error rule when a defendant fails to object to a presumption instruction and their guilt is evident.
• United States v. Gary L. "Scott" Dickey
  736 F.2d 571· 10th Cir.· 1984-05-29 ·cited 117×·via Right To Confrontation
  The court held that there was sufficient evidence to support Mr. Friedrich's conviction for conspiracy.
• Escalera v. NEW York City Hous. Auth.
  425 F.2d 853· 2d Cir.· 1970-04-29 ·cited 116×
  The court held that the district court erred in dismissing the tenants' claims, finding that the Housing Authority's procedures for tenancy termination and assessment of additional rent charges may violate due process. The case is remanded for consideration of preliminary relief
• United States v. Knuckles
  581 F.2d 305· 2d Cir.· 1978-06-30 ·cited 114×·via Right To Confrontation
  The court held that defendants could not raise the issue of insufficient evidence of cocaine on appeal after they had argued for a variance based on the presence of cocaine evidence at trial. The court also found the admission of a co-defendant's statement and recordings of conve
• Bailey v. Richardson
  182 F.2d 46· D.C. Cir.· 1950-03-22 ·cited 114×·via Right To Confrontation
  The court held that dismissal for disloyalty based on unsworn, anonymous reports violates due process and constitutional rights to free speech and association.
• Knight v. State
  721 So. 2d 287· Fla.· 1998-11-12 ·cited 113×
  Thomas Knight appeals his death sentences imposed on resentencing for the 1974 murders of Sydney and Lillian Gans, following a federal court's remand under Hitchcock v. Dugger. The Florida Supreme Court affirmed the death sentences, finding sufficient evidence of aggravating fact
• Dusty Ray Spencer v. State
  691 So. 2d 1062· Fla.· 1996-09-12 ·cited 113×
  Dusty Ray Spencer appeals his death sentence imposed on resentencing after the Florida Supreme Court vacated his original sentence for improper application of aggravating circumstances and rejection of statutory mitigating factors. The Court affirms the death sentence, finding no
• United States v. Beaulieu
  893 F.2d 1177· 10th Cir.· 1990-01-10 ·cited 113×
  A sentencing judge may consider reliable hearsay, including testimony from a separate trial, provided the defendant has an opportunity to rebut it.
• United States v. Cook
  608 F.2d 1175· 9th Cir.· 1979-06-29 ·cited 113×·via Right To Confrontation
  A defendant is entitled to appellate review of a denied Rule 609 motion without testifying, but must demonstrate prejudice from the ruling.
• Brown v. State
  367 So. 2d 616· Fla.· 1979-02-01 ·cited 112×
  Henry Brown was convicted of first-degree murder and sentenced to death despite a jury's advisory recommendation of life imprisonment. The Florida Supreme Court upheld the conviction but vacated the death sentence, holding that the jury's life recommendation must ordinarily be fo
• United States v. Killian
  639 F.2d 206· 5th Cir.· 1981-03-09 ·cited 111×·via Right To Confrontation
  The court held that the defendants' convictions were valid, affirming the trial court's decisions regarding the admissibility of evidence, the scope of the conspiracy, and procedural matters.
• Russell v. State
  982 So. 2d 642· Fla.· 2008-05-01 ·cited 110×·via Right To Confrontation
  The Florida Supreme Court held that Crawford v. Washington does not apply to probation revocation proceedings, and that hearsay evidence coupled with non-hearsay corroborating testimony (such as observation of injury) may support revocation of probation if the totality of circums
• United States v. Grier
  866 F.2d 908· 7th Cir.· 1989-01-11 ·cited 110×
  The court held that the district court did not err in denying the motion to compel production of pen register materials, as the defendant had ample opportunity for cross-examination and the denial was not prejudicial.
• United States v. Lipscomb
  435 F.2d 795· 5th Cir.· 1970-12-08 ·cited 110×
  The court held that the defendant's arrest without a warrant, the subsequent inventory search of his belongings and vehicle, and the admission of his confession were lawful and did not violate his constitutional rights.
• United States v. Cleophas James Kearney
  560 F.2d 1358· 9th Cir.· 1977-08-22 ·cited 109×
  The court held that the defendants' convictions for conspiracy and distribution of controlled substances were valid, affirming the trial court's decisions regarding joinder, deposition testimony admissibility, jury instructions, sentencing, and effective assistance of counsel.
• United States v. Irie E. Leonard
  494 F.2d 955· D.C. Cir.· 1974-01-31 ·cited 109×
  The court held that the district court committed reversible error by refusing to instruct the jury to scrutinize the testimony of witnesses granted immunity and by limiting cross-examination regarding pending felony charges against a witness. It also held that the failure to prov
• McArthur Breedlove v. State
  580 So. 2d 605· Fla.· 1991-05-09 ·cited 108×·via Right To Confront Accusers
  McArthur Breedlove, convicted of murder and sentenced to death, appealed the denial of his Rule 3.850 postconviction motion claiming Brady v. Maryland violations based on the prosecution's alleged failure to disclose evidence of detectives' criminal activities and investigations.
• United States v. Fatico
  603 F.2d 1053· 2d Cir.· 1979-08-13 ·cited 108×
  The court held that hearsay evidence from informants, corroborated by other means, is admissible in sentencing proceedings, and the 'beyond a reasonable doubt' standard is not required.
• Globe v. State
  877 So. 2d 663· Fla.· 2004-03-18 ·cited 107×
  Charles Globe was convicted of first-degree murder for killing fellow inmate Elton Ard at Columbia Correctional Institution using garrotes. The Florida Supreme Court affirmed Globe's conviction and death sentence, rejecting challenges to the admissibility of his confessions, jury
• United States v. Gold
  743 F.2d 800· 11th Cir.· 1984-10-03 ·cited 107×
  The court affirmed the convictions, finding no merit in the appellants' challenges to the indictment's sufficiency and the admission of coconspirator hearsay evidence.
• United States v. Claret Echeverry
  698 F.2d 375· 9th Cir.· 1983-01-31 ·cited 107×·via Sixth Amendment Right To Confront Witnesses
  The court held that the jury instruction regarding the duration of the conspiracy was prejudicially ambiguous, tainting the conspiracy conviction and potentially the substantive counts.