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

• Fungone v. State
  391 So. 2d 336· Fla. 4th DCA· 1980-12-17
  Wanda Fungone appeals her conviction for receiving stolen property, arguing that hearsay testimony from a police officer regarding a juvenile suspect's statement was improperly admitted over her objection. The appellate court agrees, finding the admission violated her Sixth Amend
• Cappella v. The United States
  624 F.2d 976· Ct. Cl.· 1980-05-28 ·via Right To Confrontation
  The court held that an Article 15 proceeding is an administrative method for minor offenses, and the commanding officer has discretion to determine if an offense is minor enough for such proceedings, even if it could be tried by court-martial.
• Kufrin v. State
  378 So. 2d 1341· Fla. 3d DCA· 1980-01-22 ·via Right To Confrontation
  Paul Kufrin was convicted of LSD sale based on testimony from undercover narcotics agent Charles Hitchens. The Florida appellate court reversed and remanded for a new trial because the trial judge improperly restricted cross-examination that would have exposed Hitchens' bias and
• Carmelo Canet v. Turner
  606 F.2d 89· 5th Cir.· 1979-11-07 ·via Sixth Amendment (Confrontation Clause)
  The court held that a claim regarding an illegal sentence, based on a recent Florida Supreme Court ruling, was not exhausted and must be remanded for state court consideration. Other claims were affirmed.
• Stipp v. State
  371 So. 2d 712· Fla. 4th DCA· 1979-06-06 ·via Right To Confrontation
  The court held that the state's unnecessary destruction of critical evidence, preventing the defendant from testing it, violates due process and requires reversal of the conviction.
• Hughes v. State
  356 So. 2d 27· Fla. 3d DCA· 1978-02-21 ·via Right To Confrontation
  Rickey Hughes was convicted of robbery and unlawful possession of a firearm. The Florida District Court of Appeal reversed his conviction because the trial court improperly restricted cross-examination of the state's key witness regarding the witness's reluctance to testify, viol
• Johnson v. State
  355 So. 2d 143· Fla. 3d DCA· 1978-02-07 ·via Right To Confrontation
  The appellate court affirmed the defendant's convictions for murder, robbery, kidnapping, and unlawful firearm possession, holding that the trial court did not err in denying motions for severance or admitting photographs.
• Meeks v. Jago
  548 F.2d 134· 6th Cir.· 1976-12-30 ·via Right To Confrontation
  The Sixth Circuit affirmed the district court's denial of habeas corpus, finding that the appellant had not exhausted state remedies for most claims and that the remaining claims did not present substantial constitutional questions.
• Evans v. State
  336 So. 2d 703· Fla. 4th DCA· 1976-08-06
  Daniel Evans was convicted of conspiracy to commit a felony and third-degree arson for procuring the burning of 25 trucks belonging to Air-Flow Heating and Air Conditioning, Inc. On appeal, Evans challenged the admission of labor dispute evidence and collateral offense evidence u
• Sheppard v. Hutto
  535 F.2d 449· 8th Cir.· 1976-05-11 ·via Right To Confront Accusers
  The court held that the district court's findings regarding ineffective assistance of counsel, violation of confrontation rights, and self-incrimination were correct, affirming the denial of the habeas corpus application.
• Dorsey v. Warden, S. Mich. State Prison
  523 F.2d 590· 6th Cir.· 1975-10-17 ·via Right To Confrontation
  The Sixth Circuit held that the petitioner's confrontation clause rights were not violated, but remanded for an evidentiary hearing on due process claims regarding an impartial judge and suppression of evidence.
• Morse v. Wilson
  500 F.2d 1264· 10th Cir.· 1974-07-29
  The court held that the admission of depositions did not violate the Sixth Amendment confrontation clause, as the right was waived, and that adequate Miranda warnings were provided, thus affirming the denial of the habeas corpus petition.
• Williams v. United States
  488 F.2d 963· 5th Cir.· 1974-01-23 ·via Right To Confrontation
  The court held that the district court erred in summarily denying the appellant's second motion to vacate judgment and sentence, as the issues raised had not been previously heard.
• United States v. Sawyer
  483 F.2d 663· 5th Cir.· 1973-08-30 ·via Confrontation Of Witnesses
  The court held that the defendant's contentions regarding sentencing discrimination, cruel and unusual punishment, and denial of due process were without merit.
• FOY v. Bounds
  481 F.2d 286· 4th Cir.· 1973-06-20 ·via Right To Confrontation
  The court held that the prisoner's probation revocation hearing, though lacking formal confrontation, did not violate due process standards as applied retroactively, given the circumstances and lack of objection.
• Hall v. State
  273 So. 2d 90· Fla. 4th DCA· 1973-02-08 ·via Right To Confrontation
  Charles Hall appealed the denial of his motion to vacate a judgment based on his nolo contendere plea. The court affirmed, holding that under Boykin v. Alabama, a guilty plea need only be shown in the record to be voluntary, knowing, and understanding—without requiring explicit e
• Blackwell v. State
  269 So. 2d 737· Fla. 1st DCA· 1972-12-05 ·via Right To Confrontation
  The court held that admitting a codefendant's confession is permissible when there is ample independent corroborative evidence of the defendant's guilt, distinguishing the case from Bruton v. United States.
• United States v. Everett
  457 F.2d 813· 9th Cir.· 1972-03-22 ·via Right To Confrontation
  The court held that the trial judge did not err in failing to sua sponte order a hearing on the voluntariness of admissions, nor was there a violation of the defendant's confrontation rights.
• Crowe v. Honorable Clark Clifford
  455 F.2d 945· 6th Cir.· 1972-02-24
  The court held that the Army's discharge procedures comported with applicable statutes and constitutional provisions, and the evidence constituted substantial evidence to support the discharge.
• Miller v. United States
  455 F.2d 833· 4th Cir.· 1971-12-15
  The court held that claimants were entitled to procedural due process, including a hearing, to litigate their claim for a share of the fine imposed under the Refuse Act.
• Kelly v. State
  254 So. 2d 22· Fla. 1st DCA· 1971-11-02 ·via Right To Confront Accusers
  A guilty plea conviction will not be reversed if the record, taken as a whole, demonstrates the plea was voluntary and knowing, even if the trial judge did not explicitly advise the defendant of all constitutional rights, especially when counsel explained the consequences and the
• United States v. Wheeler
  449 F.2d 785· 8th Cir.· 1971-10-15 ·via Sixth Amendment (Confrontation Clause)
  The appellate court held that the admission of a co-defendant's extra-judicial confession, though a violation of the Bruton rule, constituted harmless error beyond a reasonable doubt.
• United States v. Brookins
  445 F.2d 607· 5th Cir.· 1971-07-06
  The court held that the trial court erred in denying the defense the right to establish a foundation for the admissibility of altered indictment copies for impeachment purposes.
• Rowe v. State
  250 So. 2d 920· Fla. 2d DCA· 1971-06-30
• Gov't of the Virgin Islands v. Rivera
  442 F.2d 407· 3d Cir.· 1971-03-01
  The court held that the co-defendant's statement was admissible because it did not incriminate the appellant and the co-defendant testified, allowing for cross-examination.
• Kienlen v. United States
  437 F.2d 843· 10th Cir.· 1971-01-12
  The court held that the admission of extrajudicial statements from hospital records and a letter, without proper jury instructions, created a substantial risk that the jury considered them as evidence, violating the defendant's right to confrontation.
• Fowler v. Louie L. Wainwright
  436 F.2d 387· 5th Cir.· 1971-01-08 ·via Right To Confrontation
• White v. State
  244 So. 2d 499· Fla. 1st DCA· 1970-12-22 ·via Right To Confrontation
  Leon White appeals the trial court's denial of his motion to withdraw a guilty plea to charges of attempting to unlawfully obtain a controlled substance and resisting arrest with violence. The court affirmed the denial, finding that the trial judge conducted an exhaustive and tho
• Carthel James Rushing v. State
  241 So. 2d 873· Fla. 3d DCA· 1970-12-22 ·via Right To Confrontation
• Sandoval v. Craven
  433 F.2d 957· 9th Cir.· 1970-11-03
  Evidence obtained in violation of the Federal Communications Act is not admissible in state court trials if the trial predated the Supreme Court's decision in Lee v. Florida, which made such evidence inadmissible.
• United States v. Garelle
  438 F.2d 366· 2d Cir.· 1970-10-13
  The court held that the admission of certain letters and a handwriting exemplar was proper, and that Zimmerman's speedy trial rights were not violated. However, Garelle's prior conviction was found invalid due to Fifth Amendment issues, requiring resentencing.
• Seidel v. State
  240 So. 2d 521· Fla. 4th DCA· 1970-09-11 ·via Right To Confrontation
  Two defendants convicted of conspiracy to commit murder appealed their convictions on the ground that their confrontation rights were violated when a co-defendant's incriminating statement was admitted at their joint trial. The appellate court reversed, holding that the admission
• Walker v. State
  240 So. 2d 519· Fla. 3d DCA· 1970-09-08 ·via Right To Confrontation
  The court held that the appellant's confession was voluntary and his right to confrontation was not violated by the use of a co-defendant's confession.
• Riley v. Wilson
  430 F.2d 1134· 9th Cir.· 1970-08-27 ·via Right To Confrontation
  The court held that the appellant's claims regarding illegal arrest, coerced confessions, ineffective assistance of counsel, and denial of confrontation were without merit and affirmed the district court's denial of the habeas corpus petition.
• Earnest Norman v. Nelson
  431 F.2d 1184· 9th Cir.· 1970-06-25 ·via Sixth Amendment (Confrontation Clause)
  The court held that the prisoner's confrontation clause claim was waived by failure to object at trial, and any error in admitting evidence was harmless.
• United States v. Castello
  426 F.2d 905· 2d Cir.· 1970-06-01 ·via Right To Confrontation
  The court held that the admission of co-defendants' confessions violated the appellant's Sixth Amendment rights, and this violation was not harmless beyond a reasonable doubt.
• Jethro Bolton v. Nelson
  426 F.2d 807· 9th Cir.· 1970-05-18
  The court held that the petitioner's claims regarding his confession, ineffective counsel, and witness cross-examination did not warrant federal relief.
• Lopez-Vasquez v. United States
  423 F.2d 1054· 9th Cir.· 1970-01-19 ·via Right To Confrontation
  The court held that a defendant cannot claim error based on not hearing a witness if they did not inform the trial court of the issue during the trial.
• Winfield H. Lyon, Jr. v. United States
  413 F.2d 186· 5th Cir.· 1969-06-26 ·via Sixth Amendment (Confrontation Clause)
  The appellate court held that the use of a witness's prior trial testimony was permissible because the defense counsel's statements at trial precluded the appellant from arguing that the witness's unavailability was not sufficiently proven, and the issues at both trials were subs
• Cappetta v. State
  218 So. 2d 240· Fla. 2d DCA· 1969-01-31
  Nicholas Cappetta challenges his 1962 conviction for possessing burglary tools after the U.S. Supreme Court's decisions in Bruton v. United States and Roberts v. Russell established that admission of a codefendant's confession violates the Sixth Amendment Confrontation Clause, ev
• Mares v. United States
  391 F.2d 538· 5th Cir.· 1968-03-19 ·via Sixth Amendment Right To Confront Witnesses
  The court held that the appellant's contentions of error were frivolous and without merit, affirming the conviction.
• Silva v. Beto
  387 F.2d 369· 5th Cir.· 1967-12-26 ·via Confrontation Of Witnesses
  The court held that the appellant's guilty pleas were voluntary and that he had no federally protected right to a jury trial.
• Williams v. Brown
  384 F.2d 981· D.C. Cir.· 1967-10-17 ·via Right To Confrontation
  A federal employee discharged without a procedurally adequate hearing is entitled to reinstatement rights from the date of discharge until a subsequent, proper hearing is held by the Civil Service Commission.
• Bowie v. Wilson
  373 F.2d 514· 9th Cir.· 1967-02-15 ·via Sixth Amendment (Confrontation Clause)
• Herrera v. Wilson
  364 F.2d 798· 9th Cir.· 1966-08-05 ·via Right To Confrontation
  The court held that the use of preliminary hearing testimony, where the defendant was represented by counsel who cross-examined the witness, did not violate federal constitutional rights, even if presented unconventionally.
• United States ex rel. Edward J. Smith v. Russell
  359 F.2d 795· 3d Cir.· 1966-04-15
  The court held that a voluntary guilty plea negates claims of prejudice from prior events, including coerced statements or denial of trial rights.
• McBEE v. Weaver
  355 F.2d 445· 6th Cir.· 1966-02-01 ·via Right To Confrontation
  The court held that the district court erred in denying a habeas corpus petition without a hearing, as the issue of adequate cross-examination opportunity requires factual determination.
• Sebring v. Beto
  354 F.2d 1000· 5th Cir.· 1966-01-11 ·via Right To Confrontation
  The court held that the petitioner received effective assistance of counsel and was not denied his right to confrontation.
• State v. Dade Cnty.
  25 Fla. Supp. 181· Dade Cty. Cir. Ct.· 1965-07-22 ·via Confrontation Of Witnesses
  The court held that a juvenile detained without a proper hearing is entitled to a hearing that includes specific due process rights, including confrontation of witnesses and appointed counsel if indigent.
• United States v. Nickerson
  303 F.2d 666· 7th Cir.· 1962-05-31
  The court held that the defendant's constitutional rights were prejudicially infringed due to cumulative errors, denying him a trial consistent with federal justice standards.