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

• McGARRITY v. Wilson
  368 F.2d 677· 9th Cir.· 1966-10-21 ·cited 10×·via Right To Confrontation
  The court held that the district court erred in denying the motion to proceed in forma pauperis, as the applicant raised potentially non-frivolous claims regarding constitutional violations.
• United States v. Repetti
  364 F.2d 54· 2d Cir.· 1966-07-25 ·cited 10×·via Right To Confrontation
  The court held that the appellant's constitutional rights were not violated and affirmed the conviction.
• United States ex rel. Frank C. Smith v. Reincke
  354 F.2d 418· 2d Cir.· 1965-12-16 ·cited 10×
  The court held that the petitioner was not denied due process, as any prejudice from the prosecution's questioning of a witness was cured by jury instructions or the petitioner's opportunity to cross-examine.
• Davis v. Elvis J. Stahr, Jr.
  293 F.2d 860· D.C. Cir.· 1961-06-15 ·cited 10×·via Right To Confrontation
  A reservist cannot be given a less than honorable discharge based on pre-induction conduct or failure to disclose such conduct, nor can derogatory statements made on active duty be the basis for such a discharge from the inactive reserve without affording the right of confrontati
• Bridgman v. United States
  183 F.2d 750· 9th Cir.· 1950-06-28 ·cited 10×·via Right To Confrontation
  The court held that inconsistent verdicts are not fatal to a conviction, and that the evidence supported a finding of a single, comprehensive scheme to defraud, thus affirming the convictions.
• S. Buchsbaum & Co. v. Fed. Trade Comm'n
  153 F.2d 85· 7th Cir.· 1946-01-14 ·cited 10×
  The court held that the Commission erred in denying petitioner's motion for a trial de novo and striking evidence taken before a deceased trial examiner, as this violated due process by denying the opportunity to observe witness demeanor.
• United States v. Renado Smith
  928 F.3d 1215· 11th Cir.· 2019-07-02 ·cited 9×
  The Eleventh Circuit affirmed the convictions of Renado Smith and Richard Delancy for conspiracy to commit alien smuggling and related offenses, holding that the district court did not err in admitting the videotaped deposition testimony of a key witness (Vanessa Armstrong Vixama
• United States v. Cooper
  926 F.3d 718· 11th Cir.· 2019-06-10 ·cited 9×
  The court affirmed the conviction, holding that the district court did not err in its evidentiary rulings, the evidence was sufficient to support the convictions, the jury instructions were accurate, and the sentencing enhancement was properly applied.
• Lukens Petit v. State
  92 So. 3d 906· Fla. 4th DCA· 2012-07-25 ·cited 9×
  Lukens Petit appeals his convictions for felony murder, attempted felony murder, and armed robbery, challenging the admission of a robbery victim's prior bond hearing testimony and four 911 calls under the Sixth Amendment Confrontation Clause. The court affirms the convictions, h
• Walker v. State
  77 So. 3d 890· Fla. 2d DCA· 2012-01-20 ·cited 9×·via Right To Confrontation
  Ronnie Walker was convicted of manslaughter, armed burglary, and armed robbery in connection with a home invasion and murder. The appellate court reversed and remanded for a new trial because the trial court erroneously admitted inadmissible hearsay evidence that an unnamed third
• State v. Holland
  76 So. 3d 1032· Fla. 4th DCA· 2011-12-14 ·cited 9×
  The State appeals the trial court's order suppressing a videotape from a DUI investigation on Confrontation Clause grounds. The appellate court reverses, holding that Deputy Grady's statements on the videotape constitute non-hearsay verbal acts that give meaning to Holland's cond
• Brown v. State
  69 So. 3d 316· Fla. 4th DCA· 2011-08-17 ·cited 9×
  Norman Brown appeals his convictions for first-degree murder, attempted armed robbery, and related charges, arguing the trial court erred in admitting hearsay statements made by co-defendant Kevin Miller to a third party describing Brown's participation in the crimes. The appella
• Thompson v. State
  994 So. 2d 468· Fla. 3d DCA· 2008-11-05 ·cited 9×·via Right To Confrontation
  Thompson appealed the revocation of his probation and resulting 31-year sentence, challenging the admission of hearsay evidence from a co-defendant at the revocation hearing. The Third District affirmed the revocation, holding that hearsay is admissible in probation revocation pr
• BOX v. State
  993 So. 2d 135· Fla. 5th DCA· 2008-10-24 ·cited 9×·via Right To Confrontation
  Jerry Box appeals a restitution order imposed as part of his battery conviction sentence, arguing that hearsay evidence used at the restitution hearing violated his Sixth Amendment right to confrontation. The court holds that the Confrontation Clause does not apply to restitution
• Bryon D. Park v. City OF W. Melbourne
  927 So. 2d 5· Fla. 5th DCA· 2006-02-17 ·cited 9×
  Police officer Park was discharged for dishonesty following an investigation into his involvement with a psychic hotline call made from a police department phone. After the hearing officer ordered his reinstatement with back pay, the City challenged the ruling. The appellate cour
• State v. Gates
  826 So. 2d 1064· Fla. 2d DCA· 2002-09-27 ·cited 9×
  The State challenged a trial court order that prevented it from arguing at Gates's retrial that Gates was solely responsible for drowning the victim, when the State had argued at the codefendant Bailey's trial that Bailey was the one who drowned the victim. The appellate court he
• Grabau v. Dep't of Health
  816 So. 2d 701· Fla. 1st DCA· 2002-04-22 ·cited 9×
  Dr. David Grabau appeals the Board of Psychology's license revocation for sexual misconduct with a client, challenging the admission of the client's incomplete deposition from prior civil litigation. The court reverses and remands, holding that the statute permitting introduction
• Styles v. State
  780 So. 2d 1040· Fla. 4th DCA· 2001-04-04 ·cited 9×·via Right To Confrontation
  The court held that the state was required to disclose the identity of a confidential informant when the informant's participation in a drug transaction is essential to the defense.
• Smith v. State
  746 So. 2d 1162· Fla. 1st DCA· 1999-12-01 ·cited 9×
  Patrick Smith was convicted of first degree murder and armed robbery in connection with a robbery that resulted in a death. Smith appealed, challenging the trial court's admission of his codefendant Tipton's pretrial statement. The appellate court found the admission violated bot
• Amendment TO Fla. Rule OF Juv. Procedure 8.100(a). & Petition Requesting Approval TO Implement A Pilot Project Utilizing Elec. Audiovisual Devices IN Juv. Detention Hearings
  667 So. 2d 195· Fla.· 1996-01-25 ·cited 9×·via Right To Confrontation
  The Florida Supreme Court rejected a proposed amendment to allow juveniles to attend detention hearings via audiovisual device statewide, but authorized a one-year pilot program in five judicial circuits to test the procedure. The Court balanced due process concerns against pract
• State v. Lark O'Sean Dupree
  656 So. 2d 430· Fla.· 1995-04-13 ·cited 9×
  The court held that the hearsay exception for statements made by a child witness to a crime applies even if the child is not the victim of the charged offense, as long as the child meets the statutory criteria.
• United States v. Barnett
  989 F.2d 546· 1st Cir.· 1993-03-29 ·cited 9×
  The court affirmed the convictions and sentencing, finding that the drug quantity was reasonably estimated, the drug purity issue was waived, consent to search was voluntary, and the search warrant affidavit established probable cause even without disputed information.
• United States v. Reiter
  897 F.2d 639· 2d Cir.· 1990-02-26 ·cited 9×·via Right To Confrontation
  The court held that a defendant tried in absentia on a superseding indictment must be arraigned on that indictment if it is substantially different from the one previously arraigned upon, to ensure knowing waiver of the right to presence. The court also held that while counsel's
• United States v. Soriano
  880 F.2d 192· 9th Cir.· 1989-07-12 ·cited 9×
  The court held that mail fraud convictions based on a scheme to defraud citizens of their intangible right to honest government are invalid under McNally v. United States, but Soriano's Hobbs Act conviction was valid.
• Evans v. Lewis
  855 F.2d 631· 9th Cir.· 1988-08-22 ·cited 9×
  The court held that the defendant's conviction is affirmed, but the death sentence is reversed due to ineffective assistance of counsel at the sentencing phase.
• Brown v. Dugger
  831 F.2d 1547· 11th Cir.· 1987-11-13 ·cited 9×
  The court held that limiting cross-examination into a witness's potential deal with the state violated the Confrontation Clause and was not harmless error.
• Isaacs v. Kemp
  778 F.2d 1482· 11th Cir.· 1985-12-09 ·cited 9×
  The court held that the petitioners were entitled to habeas corpus relief based on presumed prejudice due to pretrial publicity and inflammatory community atmosphere, reversing the district court's denial of their petitions.
• United States v. McKINNEY
  707 F.2d 381· 9th Cir.· 1983-05-23 ·cited 9×
  The dissenting judge holds that the admission of the appellant's adoptive statement does not violate the Confrontation Clause because the accused is always available to testify and confront their own statements.
• Wilkerson v. Turner
  693 F.2d 121· 11th Cir.· 1982-12-06 ·cited 9×
  The exclusion of a reliable confession, which was crucial to the defense, violated the defendant's due process rights, even if it was inadmissible hearsay under state law.
• Funchess v. State
  367 So. 2d 1007· Fla.· 1979-02-08 ·cited 9×·via Right To Confront Evidence
• Fairbanks v. Cowan
  551 F.2d 97· 6th Cir.· 1977-03-03 ·cited 9×·via Right To Confrontation
  The court held that the use of the victim's father as an interpreter for the victim, who had the mental capacity of a six-year-old, constituted fundamental unfairness in violation of due process.
• Deel Motors, Inc. v. Dep't OF Commerce of the State of Fla.
  252 So. 2d 389· Fla. 1st DCA· 1971-09-21 ·cited 9×·via Right To Confrontation
  Deel Motors and other employer members of the Automotive Industries of Florida Self Insurers Fund challenged a Department of Commerce order assessing them for unpaid workmen's compensation claims, arguing the agency violated the Administrative Procedure Act by conducting an infor
• United States v. Mikel Clotaire
  963 F.3d 1288· 11th Cir.· 2020-06-30 ·cited 8×
  The court held that ATM surveillance photos, even if extracted or processed for clarity, are admissible business records and not testimonial hearsay, and that limitations on cross-examination and admission of certain emails were proper.
• United States v. Van Buren
  940 F.3d 1192· 11th Cir.· 2019-10-10 ·cited 8×
  The Eleventh Circuit held that the jury instructions for honest-services fraud were fatally flawed because they did not adequately define 'official act' by analogy to formal governmental actions like lawsuits or hearings, requiring a new trial on that count.
• Dickie v. State
  216 So. 3d 35· Fla. 2d DCA· 2017-03-08 ·cited 8×
  John Graham Dickie appeals his conviction and sentences for thirty counts of possessing child pornography, challenging the trial court's consideration of unsworn victim impact statements during sentencing. The Second District affirms, holding that Florida Statute § 921.143(1) doe
• Sprouse v. State
  208 So. 3d 785· Fla. 1st DCA· 2016-12-16 ·cited 8×
  Gary Lynn Sprouse was convicted of sexual battery on an intellectually disabled person and lewd or lascivious battery on a disabled adult following his sexual abuse of a young woman with Down syndrome. On appeal, Sprouse challenged the denial of his motion for judgment of acquitt
• Celeste Chambers v. State
  200 So. 3d 242· Fla. 1st DCA· 2016-10-04 ·cited 8×
  Celeste Chambers appeals her convictions for grand theft and trespass arising from taking fencing materials from a Goodwill warehouse. The First District Court of Appeal reverses both convictions, finding that the state failed to prove the value element of grand theft and that Ch
• Bolin v. State
  117 So. 3d 728· Fla.· 2013-02-21 ·cited 8×
  Oscar Ray Bolin Jr. was convicted of the first-degree murder of Stephanie Collins and sentenced to death. This is his direct appeal following a second retrial after two prior reversals on spousal privilege grounds. The Florida Supreme Court affirmed his conviction and death sente
• Kormondy v. Sec'y, Fla. Dep't OF Corr.
  688 F.3d 1244· 11th Cir.· 2012-07-31 ·cited 8×
  Johnny Shane Kormondy, a Florida death row inmate convicted of murder during a 1994 trial, appealed the district court's denial of his habeas corpus petition. The case involved two penalty phases: the original 1994 proceeding, which resulted in a death sentence, and a 1999 resent
• Melehan v. State
  126 So. 3d 1118· Fla. 4th DCA· 2012-06-06 ·cited 8×·via Right To Confrontation
  Patrick Melehan appealed his jury conviction for manslaughter and burglary with assault or battery in the death of C.L., who died from a metal rod impaled in his head during an altercation with Melehan. The Fourth District Court of Appeal reversed and remanded for a new trial, fi
• McLAUGHLIN v. State
  79 So. 3d 226· Fla. 4th DCA· 2012-02-15 ·cited 8×
  Timothy McLaughlin was convicted of lewd or lascivious molestation of two child victims under age twelve. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by placing a screen between the defendant and child witnesses du
• Neilson Smith v. State
  38 So. 3d 871· Fla. 4th DCA· 2010-06-23 ·cited 8×·via Sixth Amendment (Confrontation Clause)
  A defendant convicted of first-degree felony murder and armed robbery challenged the trial court's restriction on cross-examination of a cooperating accomplice witness. The appellate court affirmed, holding that the trial court did not abuse its discretion in sustaining an object
• Fernandez v. State
  21 So. 3d 155· Fla. 4th DCA· 2009-11-12 ·cited 8×
  Dennis Fernandez appeals his conviction for racketeering and related offenses, challenging the trial court's use of a state-hired translator to interpret Spanish-language recordings of undercover police conversations. The court affirmed the conviction, approving the trial court's
• Perez v. State
  980 So. 2d 1126· Fla. 3d DCA· 2008-03-19 ·cited 8×
  The court affirmed a defendant's convictions and sentence for attempted second-degree murder with a firearm and aggravated battery, finding that his post-arrest statements were admissible and that the trial court did not err in denying his motion to suppress.
• Williams v. State
  947 So. 2d 517· Fla. 3d DCA· 2006-12-20 ·cited 8×
  Michael Williams was convicted of murdering his sister's ex-boyfriend. On appeal, Williams challenged the admission of the victim's dying declaration identifying him as the shooter and the prosecutor's reference in opening statement to evidence that was never introduced. The Thir
• Rowley v. State
  939 So. 2d 298· Fla. 4th DCA· 2006-10-18 ·cited 8×
  Clara Rowley appealed her conviction for fleeing and eluding a police officer, arguing the trial court erroneously restricted her cross-examination of an officer regarding alleged bias stemming from a prior incident (the "Pomeroy matter"). The Florida Fourth District Court of App
• Martin v. State
  936 So. 2d 1190· Fla. 1st DCA· 2006-08-30 ·cited 8×
  Jermaine Martin was convicted of drug possession after an FDLE lab report identifying seized substances as contraband was admitted at trial without the testimony of the chemist who performed the analysis. The appellate court reversed, holding that under Crawford v. Washington, th
• Sobota v. State
  933 So. 2d 1277· Fla. 2d DCA· 2006-07-28 ·cited 8×
  Jack Sobota was convicted of driving under the influence with serious bodily injury based on blood test results introduced through a toxicologist who did not perform the testing. The court reversed, holding that admitting test results from an analyst who did not conduct the testi
• State v. Brunel Hosty
  835 So. 2d 1202· Fla. 4th DCA· 2003-01-02 ·cited 8×
  The Florida Supreme Court's Fourth District Court of Appeal upheld a trial court's decision striking down section 90.803(24) as facially unconstitutional insofar as it creates a hearsay exception for statements by disabled adults in criminal proceedings. The court found the disab
• Shaw v. State
  831 So. 2d 772· Fla. 4th DCA· 2002-12-04 ·cited 8×·via Right To Confrontation
  Charles Shaw was convicted of battery on a law enforcement officer and resisting arrest after the trial court excluded evidence of his excessive force complaint against the arresting officers. The Fourth District Court of Appeal reversed, holding that the exclusion violated Shaw'