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

• United States v. Collins
  478 F.2d 837· 5th Cir.· 1973-05-31 ·cited 6×·via Right To Confrontation
  The court held that the prior trial testimony of a witness, who feigned memory loss to avoid testifying against defendants, was admissible as an exception to the hearsay rule and did not violate defendants' confrontation rights.
• United States v. Sanchez-Rodriguez
  475 F.2d 61· 9th Cir.· 1973-03-07 ·cited 6×·via Sixth Amendment (Confrontation Clause)
  The court held that the appellant's conviction was valid despite claims of illegal arrest, denial of travel to Mexico, prosecutorial misconduct, and improper jury instructions.
• Fuller v. State
  473 F.2d 1383· 5th Cir.· 1973-02-15 ·cited 6×·via Right To Confrontation
  The district court correctly dismissed the habeas petition without prejudice because the petitioner had not exhausted his state remedies.
• United States v. Rickey
  457 F.2d 1027· 3d Cir.· 1972-03-29 ·cited 6×·via Right To Confrontation
  The court held that the joinder of defendants was proper, severance was not required, and the trial court's rulings and jury instructions did not constitute reversible error.
• United States v. Hone
  456 F.2d 495· 6th Cir.· 1972-03-09 ·cited 6×·via Right To Confrontation
  The court held that while the defendant's sentence is affirmed, the district court's practice of holding pre-sentence conferences with prosecutors but not defense counsel must be discontinued to avoid potential prejudice and protect confrontation rights.
• Childs v. Cardwell
  452 F.2d 541· 6th Cir.· 1971-12-10 ·cited 6×
  The Sixth Circuit held that the admission of hearsay testimony, even if erroneous, was harmless beyond a reasonable doubt given the overwhelming eyewitness identification and the defendant's failure to object at trial.
• United States v. Harris
  446 F.2d 129· 7th Cir.· 1971-07-27 ·cited 6×·via Right To Confrontation
  The court held that the appellant's conviction for failing to report for civilian work was not invalidated by procedural errors or constitutional claims, affirming the district court's judgment.
• Schofield v. United States
  441 F.2d 1219· 7th Cir.· 1971-03-10 ·cited 6×·via Right To Confrontation
  A guilty plea is not rendered involuntary or unintelligent by a misapprehension of the maximum possible sentence if the actual sentence imposed is not greater than the correct maximum and the plea was otherwise voluntary and intelligent.
• United States v. Sullivan
  435 F.2d 650· 9th Cir.· 1970-11-23 ·cited 6×
  A defendant cannot assert error on appeal regarding a joint trial or the admission of a co-defendant's statement when they insisted on the joint trial despite counsel's advice and did not properly object to the statement's admission on appealable grounds.
• United States v. Peterson
  435 F.2d 192· 7th Cir.· 1970-11-16 ·cited 6×
  The court held that the defendant's Sixth Amendment right to a speedy trial was not violated by an eighteen-month delay, and the admission of a co-defendant's out-of-court statements was permissible because the co-defendant testified at trial.
• Goodwin v. Page
  418 F.2d 867· 10th Cir.· 1969-11-18 ·cited 6×
  The court held that a consecutive sentence for a subsequent crime runs independently of a prior conviction that is later declared void.
• United States v. Maurice
  416 F.2d 234· 9th Cir.· 1969-09-17 ·cited 6×·via Sixth Amendment (Confrontation Clause)
  The court held that the co-defendant's attorney's opening statement comments, even if potentially prejudicial, did not violate the appellant's Sixth Amendment rights and were harmless error given the overwhelming evidence.
• Neal v. United States
  415 F.2d 599· 9th Cir.· 1969-08-13 ·cited 6×·via Right To Confrontation
  The court held that the harmless error rule can apply to Bruton errors, and the error in this case was harmless beyond a reasonable doubt.
• United States ex rel. Clifford Hundley v. Mr. Warren Pinto
  413 F.2d 727· 3d Cir.· 1969-07-30 ·cited 6×
  The court held that the appellant's constitutional rights were not violated by the admission of a co-defendant's statement with limiting instructions, as the co-defendant testified and was available for cross-examination.
• Clark Clifford v. Shoultz
  413 F.2d 868· 9th Cir.· 1969-06-27 ·cited 6×
  The court held that the Department of Defense's procedures for suspending security clearances, including requiring applicants to answer relevant questions, are consistent with due process and within the delegated authority of the President and Secretary of Defense.
• Green v. United States
  411 F.2d 588· 10th Cir.· 1969-05-15 ·cited 6×
  The court held that convictions must be reversed and new trials granted due to subsequent Supreme Court decisions that changed the law regarding the admissibility of extrajudicial statements and Miranda warnings.
• Gray v. United States
  407 F.2d 830· 5th Cir.· 1969-03-06 ·cited 6×
  The court held that the admission of a co-defendant's out-of-court confession in a joint trial violated the defendant's Sixth Amendment right to confrontation, as established in Bruton v. United States.
• Eyman v. Alford
  448 F.2d 306· 9th Cir.· 1969-02-24 ·cited 6×
  The dissenting judge believes the sentencing judge's reliance on unsworn, out-of-court statements to resolve crucial factual disputes regarding mental illness violated due process.
• United States ex rel. Joseph DeROSA v. Hon. J. Edwin LaVALLEE
  406 F.2d 807· 2d Cir.· 1969-01-15 ·cited 6×·via Right To Confrontation
  The court held that the search warrant was properly issued based on sufficient probable cause, and the failure to disclose the informant's identity did not violate due process.
• United States v. Paxton
  403 F.2d 631· 3d Cir.· 1968-11-19 ·cited 6×
  The court held that the admission of the bank auditor's testimony and certain business records was proper, and that the investigation into alleged juror misconduct was adequate.
• Poole v. Cletus J. Fitzharris
  396 F.2d 544· 9th Cir.· 1968-06-12 ·cited 6×·via Right To Confrontation
  The court held that a defense attorney can waive certain Sixth Amendment rights, like confrontation, as a matter of trial strategy, absent exceptional circumstances.
• Myers v. United States
  390 F.2d 793· 9th Cir.· 1968-03-05 ·cited 6×·via Right To Confrontation
  The court held that a prosecutor's improper, prejudicial question, even if not cured by an instruction, does not require a mistrial if the evidence against the defendant is overwhelming and the judge's cautionary instruction is clear.
• United States v. Jackson
  390 F.2d 130· 7th Cir.· 1968-02-15 ·cited 6×·via Right To Confrontation
  No hearing was required for the withdrawal of a guilty plea after probation was denied and a prison sentence was imposed.
• United States ex rel. Ralph Staino, Jr. v. Brierly
  387 F.2d 597· 3d Cir.· 1967-12-29 ·cited 6×·via Right To Confrontation
  The court held that the use of a prisoner's silence as a "tacit admission" of guilt, under the circumstances of this case, violated the Fourteenth Amendment's due process clause.
• Williams v. United States
  365 F.2d 21· 7th Cir.· 1966-07-07 ·cited 6×·via Right To Confrontation
  A motion under 28 U.S.C.A. § 2255 cannot be used to challenge the sufficiency of evidence already decided on direct appeal, nor can it raise issues not of constitutional dimension.
• Blanchard v. United States
  360 F.2d 318· 5th Cir.· 1966-05-09 ·cited 6×·via Right To Confrontation
  The court held that the trial court did not err in denying the motion for production of destroyed narcotics, admitting a destruction certification, or allowing a government agent to listen to a consensual telephone conversation, and that the appellant was not a mere purchasing ag
• McCUMBER v. State
  182 So. 2d 627· Fla. 3d DCA· 1966-02-15 ·cited 6×·via Right To Confront Accusers
  McCumber appeals his conviction for breaking and entering a dwelling and grand larceny, challenging the admission of incriminating statements made during police interrogation and objecting to prosecutorial comments about a co-charged suspect. The court affirmed the conviction, fi
• Davidson v. United States
  349 F.2d 530· 10th Cir.· 1965-07-16 ·cited 6×·via Right To Confrontation
  The court held that the defendant's guilty pleas were not coerced and he was not denied his constitutional rights, including the right to counsel.
• Pearson v. United States
  325 F.2d 625· D.C. Cir.· 1963-11-14 ·cited 6×
  A defendant's voluntary absence from trial due to disruptive behavior does not violate constitutional rights or Rule 43, allowing the trial to continue.
• Howard v. United States Dist. Court for the Dist. of Colo.
  318 F.2d 521· 10th Cir.· 1963-06-20 ·cited 6×·via Right To Confrontation
  The court held that the federal district court properly disbarred the attorney based on state disbarment proceedings, and denied his motion for a jury trial.
• Kissinger v. Frankhouser
  308 F.2d 348· 4th Cir.· 1962-09-12 ·cited 6×·via Right To Confrontation
  The court held that the hospital record containing the results of a Bogen's test for intoxication was admissible under the business records exception, and that issues of gross negligence, proximate cause, and contributory negligence were properly submitted to the jury.
• Stefena Brown v. United States
  234 F.2d 140· 6th Cir.· 1956-05-18 ·cited 6×
  A party who voluntarily testifies in their own behalf in a civil proceeding waives their Fifth Amendment privilege against self-incrimination regarding relevant cross-examination questions.
• United States ex rel. Frank Orlando v. Dist. Dir. OF Immigr. & Naturalization
  222 F.2d 537· 2d Cir.· 1955-05-02 ·cited 6×·via Right To Confront Evidence
  The dissenting judge believes the appellant was denied due process by not being shown adverse evidence and given an opportunity to rebut it.
• Raymond v. State
  257 So. 3d 624· Fla. 5th DCA· 2018-11-02 ·cited 5×
  The admission of the victim's detailed statements to responding officers, made after the emergency had ceased and in response to police interrogation, violated the defendant's Sixth Amendment right to confrontation and was not harmless error where the victim did not testify and t
• Lebron v. State
  232 So. 3d 942· Fla.· 2017-12-21 ·cited 5×·via Right To Confrontation
  The Florida Supreme Court affirmed Joel Lebrón's convictions for first-degree murder, attempted murder, kidnapping, robbery, and sexual battery arising from a brutal 2002 crime in which he and codefendants abducted two high school students, raped one, and murdered her. However, t
• French v. Warden, Wilcox State Prison, Attorney Gen., State of Ga.
  790 F.3d 1259· 11th Cir.· 2015-06-23 ·cited 5×
  The Eleventh Circuit affirmed the district court's denial of the habeas petition. While the court found that trial counsel's performance was deficient for failing to properly proffer evidence of a prior false accusation, it held that the petitioner failed to demonstrate prejudice
• Roseline Louidor v. State
  162 So. 3d 305· Fla. 3d DCA· 2015-03-25 ·cited 5×
  Roseline Louidor was convicted of manslaughter, aggravated child abuse, and child neglect in the death of a two-year-old. On appeal, she challenged the admission of a videotaped interrogation in which detectives repeatedly told her they knew she was guilty, but the court affirmed
• Vilseis v. State
  117 So. 3d 867· Fla. 4th DCA· 2013-07-17 ·cited 5×
  The Fourth District Court of Appeal reversed Vilseis's burglary and grand theft convictions because the trial court violated his Sixth Amendment right to confront witnesses by admitting a key eyewitness's discovery deposition as substantive evidence when she was unable to testify
• Mortimer v. State
  100 So. 3d 99· Fla. 4th DCA· 2012-08-29 ·cited 5×
  Guy Mortimer was convicted of felony murder and robbery after a carwash armed robbery in 2007. The trial court admitted hearsay testimony from a witness under the common law forfeiture by wrongdoing exception, which did not exist in the Florida Evidence Code at the time of trial
• White v. State
  76 So. 3d 335· Fla. 3d DCA· 2011-11-16 ·cited 5×
  Charles E. White appeals his convictions for two counts of first-degree murder and related crimes, arguing that his confession should be suppressed due to a delay in presenting him to a magistrate under Florida Rule of Criminal Procedure 3.130, and challenging the admission of he
• Diaz v. State
  62 So. 3d 1216· Fla. 5th DCA· 2011-06-10 ·cited 5×·via Right To Confrontation
  The court held that admitting hearsay testimony regarding an anonymous tip identifying the defendant was reversible error because it violated the defendant's right of confrontation and was not harmless.
• Mack v. State
  58 So. 3d 354· Fla. 1st DCA· 2011-03-31 ·cited 5×
  A state witness's testimony regarding the defendant's post-arrest silence and request for an attorney constitutes an impermissible comment on the right to remain silent, requiring reversal.
• Antunes-Salgado v. State
  987 So. 2d 222· Fla. 2d DCA· 2008-07-30 ·cited 5×
  Carlos Antunes-Salgado was convicted of trafficking and conspiracy to traffic in cocaine based largely on inadmissible hearsay statements from his codefendants. The court reversed because defense counsel was ineffective for conceding the admissibility of statements that were the
• Dimy Paraison v. State
  980 So. 2d 1134· Fla. 3d DCA· 2008-03-26 ·cited 5×·via Sixth Amendment (Confrontation Clause)
  Dimy Paraison appeals his convictions for armed burglary, kidnapping, and armed robbery following a guilty plea in which he reserved the right to challenge the admission of the victim's hearsay statements under Crawford v. Washington. The court affirms, holding that while stateme
• Ross v. State
  993 So. 2d 1026· Fla. 2d DCA· 2008-01-23 ·cited 5×
  Gregory Ross was convicted by jury of aggravated battery and armed kidnapping and sentenced to concurrent 30-year terms as a habitual felony offender. On appeal, Ross challenged the trial court's admission of a detective's testimony regarding a victim's out-of-court identificatio
• Essex v. State
  958 So. 2d 431· Fla. 4th DCA· 2007-05-02 ·cited 5×
  Raymond Essex appealed his conviction challenging the admissibility of his former testimony from his niece, B.D., at his second trial after his convictions were reversed and remanded. The court affirmed, holding that the state satisfied its burden of showing B.D. was unavailable
• Ragin v. State
  939 So. 2d 330· Fla. 4th DCA· 2006-10-18 ·cited 5×·via Right To Confrontation
  Melvin Ragin appeals his conviction and sentence for false imprisonment, burglary of an occupied conveyance, and grand theft. The appellate court affirmed the conviction but reversed his sentencing as a prison releasee reoffender (PRR) on the burglary charge because burglary of a
• Lebron v. State
  894 So. 2d 849· Fla.· 2005-01-13 ·cited 5×·via Right To Confrontation
  Jermaine Lebron was convicted of felony murder and robbery, but the guilt phase jury made special findings that someone else shot the victim and Lebron did not possess a firearm at the time of murder. The Florida Supreme Court vacates his death sentence imposed on resentencing be
• Blake v. State
  180 So. 3d 89· Fla.· 2002-08-12 ·cited 5×·via Right To Confrontation
  Harold Blake, convicted of first-degree murder and sentenced to death for the 2002 shooting death of Maheshkumar Patel during an attempted robbery, appeals the denial of his postconviction motion to vacate his conviction and sentences and petitions for habeas corpus. The Florida
• Small v. Superintendent Jeff Endicott & Kenosha Cnty. Cir. Court
  998 F.2d 411· 7th Cir.· 1993-06-22 ·cited 5×
  The court held that the district court properly dismissed the habeas corpus petition under Rule 4 because the petitioner failed to state a claim for relief on any of his grounds.