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. Londer Flenory
  619 F.2d 301· 3d Cir.· 1980-04-29 ·cited 4×
  The court held that the trial court erred in suppressing out-of-court and in-court identification testimony based on witness uncertainty, as such factors go to the weight of the evidence, not its admissibility.
• Dumas v. The United States
  620 F.2d 247· Ct. Cl.· 1980-04-16 ·cited 4×·via Right To Confrontation
  The Court of Claims has jurisdiction to review Article 15 proceedings for constitutional defects and money claims, and in this case, the search was constitutional and the Article 15 proceeding valid.
• Cheek v. Bates
  615 F.2d 559· 1st Cir.· 1980-02-21 ·cited 4×·via Right To Confrontation
  The court held that the trial judge did not commit constitutional error by disallowing a question about a witness's potential charges because defense counsel failed to make the purpose of the question (to show bias) clear to the judge.
• Thomas v. Estelle
  582 F.2d 939· 5th Cir.· 1978-10-25 ·cited 4×·via Right To Confrontation
  The court held that the district court erred in granting habeas corpus relief without an evidentiary hearing, as factual issues regarding the applicability of a hearsay exception required further development.
• United States v. Sahag K. Dedeyan
  584 F.2d 36· 4th Cir.· 1978-09-19 ·cited 4×·via Right To Confrontation
  The court affirmed the conviction, holding that the statute was constitutional and properly applied, and that the trial court did not err in its rulings regarding evidence, jury instructions, or the indictment.
• Hutul v. United States
  582 F.2d 1155· 7th Cir.· 1978-08-28 ·cited 4×·via Sixth Amendment Right To Confront Witnesses
  The court held that the petitioner's double jeopardy claim was foreclosed by the dual sovereignty doctrine and that other claims were without merit, affirming the dismissal of his § 2255 petition.
• Butts v. Louie L. Wainwright
  575 F.2d 576· 5th Cir.· 1978-06-23 ·cited 4×·via Sixth Amendment (Confrontation Clause)
  The court held that the petitioner did not receive ineffective assistance of counsel and that the admission of hospital records did not violate his Sixth Amendment rights.
• Smith v. Estelle
  569 F.2d 944· 5th Cir.· 1978-03-20 ·cited 4×
  The admission of a co-defendant's confession, which implicated the petitioner, without opportunity for cross-examination and under confusing jury instructions, violated the petitioner's Sixth Amendment right to confrontation. This error was not harmless beyond a reasonable doubt.
• United States v. Chacon
  564 F.2d 1373· 9th Cir.· 1977-11-28 ·cited 4×
  The court held that juvenile records sealed under 18 U.S.C. § 5038 may be disclosed in proceedings involving a transaction in which the juvenile was involved, but this holding is unnecessary and wrongly decided.
• Flowers v. State OF Ohio
  564 F.2d 748· 6th Cir.· 1977-11-08 ·cited 4×
  The court held that the trial court's refusal to allow cross-examination regarding suggestive out-of-court identifications violated the defendant's Sixth Amendment right to confrontation.
• United States v. Soldier
  562 F.2d 601· 8th Cir.· 1977-10-05 ·cited 4×
  The court held that the admission of a government witness's prior inconsistent statements was proper impeachment and that the trial court's jury instruction error was harmless.
• Forbes v. Estelle
  559 F.2d 967· 5th Cir.· 1977-09-21 ·cited 4×·via Right To Confrontation
  The court held that the appellant's claims concerned state procedural matters that did not amount to a denial of fundamental fairness, and thus were not grounds for federal habeas corpus relief.
• Martin v. Estelle
  541 F.2d 1147· 5th Cir.· 1976-11-05 ·cited 4×·via Right To Confrontation
  The court held that the errors of a rap sheet being seen by jurors and a juror speaking with a police officer were harmless beyond a reasonable doubt.
• United States v. Suchy
  540 F.2d 254· 6th Cir.· 1976-08-18 ·cited 4×·via Right To Confrontation
  The court held that while there was insufficient evidence to support the conspiracy conviction, the convictions on the substantive counts were supported by independent evidence and thus affirmed.
• Caldwell v. State OF Minn.
  536 F.2d 272· 8th Cir.· 1976-06-17 ·cited 4×·via Right To Confrontation
  The court held that the trial court's refusal to allow cross-examination regarding a prosecution witness's current address and place of employment did not deny the defendant his right to confrontation, as disclosure might endanger the witness and the defendant showed no particula
• United States v. Shaw
  518 F.2d 1182· 4th Cir.· 1975-06-19 ·cited 4×·via Sixth Amendment (Confrontation Clause)
  The court held that even if the introduction of a co-defendant's statement violated the Sixth Amendment, the error was harmless beyond a reasonable doubt due to overwhelming independent evidence. The court also found sufficient evidence to support the guilty verdict.
• Thompson v. McMANUS
  512 F.2d 769· 8th Cir.· 1975-03-21 ·cited 4×·via Right To Confrontation
  The court affirmed the denial of habeas corpus relief, finding the search of the appellant's home was proper.
• Snyder v. Ira M. Coiner
  510 F.2d 224· 4th Cir.· 1975-02-07 ·cited 4×
  The court held that the trial court's limitation on cross-examination, even if an abuse of discretion, was harmless error given the overwhelming evidence of guilt, and that the denial of a motion to disqualify a juror was not a due process violation.
• McDONALD v. The United States
  507 F.2d 1271· Ct. Cl.· 1974-12-18 ·cited 4×·via Sixth Amendment (Confrontation Clause)
  The court held that it lacked jurisdiction to review the plaintiff's court-martial conviction on count one because the alleged procedural defects did not rise to a constitutional level and the military reviewing authorities acted in accordance with regulations.
• Spears v. State
  301 So. 2d 24· Fla. 2d DCA· 1974-09-30 ·cited 4×·via Right To Confrontation
  The court held that the admission of a co-conspirator's statement, testified to by an officer, was inadmissible hearsay and a violation of the right of confrontation.
• United States v. Nick
  503 F.2d 418· 8th Cir.· 1974-09-30 ·cited 4×·via Right To Confrontation
  The court held that limiting cross-examination regarding the informant's incarceration did not violate the defendant's Sixth Amendment rights, and the sentence imposed was not an abuse of discretion.
• United States v. de Lazo
  497 F.2d 1168· 3d Cir.· 1974-05-30 ·cited 4×·via Right To Confrontation
  The court held that there was sufficient evidence to support the jury's conviction of the defendants for conspiracy to import and distribute cocaine and possession with intent to distribute, and that the trial court's jury instructions did not constitute plain error.
• POE v. Turner
  490 F.2d 329· 10th Cir.· 1974-01-23 ·cited 4×·via Right To Confrontation
  The court held that the use of prior trial testimony of absent witnesses was permissible because the state made a good faith effort to locate them, satisfying the confrontation clause requirements.
• United States v. Jones
  490 F.2d 207· 6th Cir.· 1974-01-03 ·cited 4×·via Right To Confrontation
  The court held that the issues regarding disclosure of the presentence report and due process rights were not properly before it on appeal from a Rule 35 motion for sentence reduction.
• Ellenmae Crow v. Cal. Dep't OF Human Res. Dev.
  490 F.2d 580· 9th Cir.· 1973-12-14 ·cited 4×·via Confrontation Of Witnesses
  The court should have affirmed the district court's judgment requiring a due process hearing before termination of unemployment benefits.
• United States v. West
  486 F.2d 468· 6th Cir.· 1973-10-31 ·cited 4×·via Right To Confrontation
  The court held that the prosecution's opening statement and calling of a reluctant witness did not constitute reversible error, and that any error in admitting evidence from challenged searches was harmless.
• United States v. Denver Gene Richardson
  484 F.2d 1046· 9th Cir.· 1973-09-18 ·cited 4×·via Right To Confrontation
  A registrant's duty to report for a physical examination under a I-A classification is not relieved by a prima facie showing that the classification was improper.
• Leola Crum v. State
  281 So. 2d 368· Fla. 2d DCA· 1973-08-15 ·cited 4×
  Leola Crum appeals her conviction for breaking and entering with intent to commit a misdemeanor, challenging the admission of her own exculpatory statement made without Miranda warnings and the exculpatory statements of her co-defendants. The court affirms, holding that Crum was
• United States v. Holt
  483 F.2d 76· 5th Cir.· 1973-08-06 ·cited 4×
  The court held that the admission of a co-defendant's out-of-court statements, which tended to inculpate the appellant and were not subject to cross-examination, violated the appellant's Sixth Amendment right to confrontation.
• State v. Barnes
  280 So. 2d 46· Fla. 2d DCA· 1973-07-11 ·cited 4×·via Right To Confrontation
  The State of Florida sought certiorari review of a trial judge's pre-trial order admitting a deceased witness's sworn statement taken by the defendant's counsel without notice to the prosecution. The court upheld admission of the statement, finding it admissible under Florida law
• United States v. Adams
  470 F.2d 249· 10th Cir.· 1972-12-12 ·cited 4×
  The court held that the admission of William's statement, though potentially violating Bruton, was harmless error beyond a reasonable doubt, and William's statement was voluntarily made after a valid Miranda waiver.
• Santoro v. United States
  462 F.2d 612· 9th Cir.· 1972-06-29 ·cited 4×·via Right To Confrontation
  The court held that the petitioner's claims regarding the right of confrontation, ineffective assistance of counsel due to conflicting interests, and sentencing based on secret information were without merit.
• United States v. Ulysses Gibson
  462 F.2d 400· 5th Cir.· 1972-06-20 ·cited 4×
  The court held that the defendant's arrest was legal, the photographic identification procedure was not impermissibly suggestive, and the evidence was sufficient to support the conviction.
• Miller v. Cardwell
  448 F.2d 186· 6th Cir.· 1971-09-10 ·cited 4×
  The court held that the admission of a co-defendant's recorded statement, which the defendant orally ratified, was permissible as evidence against the defendant, especially given the jury instructions.
• Cooks v. U. S. Bd. OF Parole
  447 F.2d 63· 5th Cir.· 1971-08-11 ·cited 4×
  The court held that a detainer lodged against a state prisoner for a federal parole violation, issued within the maximum sentence term, does not constitute an unconstitutional restraint, even if execution is delayed.
• United States ex rel. Horace Laws v. Yeager
  448 F.2d 74· 3d Cir.· 1971-03-31 ·cited 4×·via Right To Confrontation
  The court held that the exclusion of a single spectator (the witness's mother) during cross-examination, the denial of severance, and the jury instruction regarding juvenile transgressions did not violate the defendant's constitutional rights. The court also found the search warr
• Madry v. Sorel
  440 F.2d 1329· 5th Cir.· 1971-03-26 ·cited 4×·via Confrontation Of Witnesses
  The court held that the order denying summary judgment was not a final judgment and therefore not appealable, nor was it an appealable denial of a preliminary injunction.
• Stone v. United States
  435 F.2d 1402· 2d Cir.· 1970-11-19 ·cited 4×
  The admission of incriminating pretrial statements by non-testifying codefendants was harmless error beyond a reasonable doubt because substantial independent evidence established the defendant's guilt.
• Owens v. Eyman
  434 F.2d 1062· 9th Cir.· 1970-11-18 ·cited 4×
  The introduction of prior testimony from an unavailable witness, who was subject to cross-examination at a previous trial, does not violate the confrontation clause if the prosecution made a good-faith effort to secure the witness's presence.
• United States v. Newsome
  432 F.2d 51· 5th Cir.· 1970-09-30 ·cited 4×·via Right To Confrontation
  The court held that the warrantless arrest and seizure of whiskey were lawful, and the trial court did not err in refusing to disclose the identity of a messenger who relayed information from an informant.
• United States v. Phillips
  432 F.2d 973· 8th Cir.· 1970-09-21 ·cited 4×·via Right To Confrontation
  The court held that the conviction for violating 18 U.S.C. § 922(g) was constitutional and supported by sufficient evidence.
• Smith v. United States
  431 F.2d 1· 8th Cir.· 1970-09-04 ·cited 4×
  The court held that the petitioner's claims regarding the Bruton issue, search and seizure, and sentencing errors were without merit and affirmed the denial of his motion to vacate sentence.
• Anderson Charles v. Winton M. Blount
  430 F.2d 665· 7th Cir.· 1970-08-07 ·cited 4×·via Right To Confrontation
  The court held that the trial court was justified in granting summary judgment because the employee failed to request cross-examination of a witness during the administrative hearing.
• United States ex rel. Bernard Cheeks v. Russell
  424 F.2d 647· 3d Cir.· 1970-03-26 ·cited 4×·via Right To Confrontation
  The court held that the failure to give limiting instructions to the jury regarding the use of accomplice confessions, even if Cheeks' confession was found involuntary, did not constitute a denial of due process or federal constitutional error.
• Jones v. State
  227 So. 2d 326· Fla. 4th DCA· 1969-10-29 ·cited 4×
  Jones challenges his rape conviction on grounds that co-defendants' confessions were admitted at trial without those defendants testifying, violating his Sixth Amendment right to confront witnesses. The court affirmed his conviction, finding that even though admission of the co-c
• United States ex rel. John Oliver v. Rundle
  417 F.2d 305· 3d Cir.· 1969-10-24 ·cited 4×
  The court held that the transcript of a witness's prior testimony, given at a proceeding where the defendant had an opportunity for cross-examination, is admissible at trial if the witness is unavailable and good faith efforts were made to locate them.
• United States v. Weston
  417 F.2d 181· 4th Cir.· 1969-10-16 ·cited 4×
  The court held that the procurement of absentee ballots in violation of state election laws is indictable under 18 U.S.C.A. § 241, and that statements made during non-custodial interrogation are admissible without Miranda warnings.
• United States ex rel. Charles Joseph v. LaVALLEE
  415 F.2d 150· 2d Cir.· 1969-08-07 ·cited 4×·via Sixth Amendment (Confrontation Clause)
  The court held that the admission of a non-testifying co-defendant's confession, even if redacted, was harmless error beyond a reasonable doubt due to overwhelming evidence of the defendant's guilt.
• Waddell v. Louie L. Wainwright
  410 F.2d 736· 5th Cir.· 1969-04-03 ·cited 4×
  The court affirmed the denial of habeas corpus relief, allowing state courts to reconsider the case in light of Bruton v. United States.
• Wilson v. Bowie
  408 F.2d 1105· 9th Cir.· 1969-03-27 ·cited 4×·via Right To Confrontation
  The use of a preliminary hearing transcript at trial, without a showing that the witness was unavailable, violated the defendant's Sixth Amendment right to confrontation.