Confrontation Of Witnesses

36 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Freeman v. The Gould Special Sch. Dist. OF Lincoln Cnty.
  405 F.2d 1153· 8th Cir.· 1969-01-15 ·cited 76×
  The court held that the nonrenewal of public school teachers' contracts based on conclusory and unsupported charges of incompetence may state a claim for deprivation of constitutional rights under the Civil Rights Act.
• State v. Madison Lee Reynolds
  238 So. 2d 598· Fla.· 1970-03-11 ·cited 66×
  The Florida Supreme Court held that a prisoner incarcerated in another state is "in custody" within the meaning of Florida's Rule 1.850 post-conviction relief procedures and approved the District Court of Appeal's decision permitting such a prisoner to seek post-conviction relief
• Nieves v. Oswald
  477 F.2d 1109· 2d Cir.· 1973-04-20 ·cited 32×
  The court held that the district court erred in denying the motion to convene a three-judge court, as the claims regarding prison disciplinary procedures implicated state-wide policy and raised substantial constitutional questions.
• Farrell v. Lewin Joel, Jr.
  437 F.2d 160· 2d Cir.· 1971-01-20 ·cited 32×
• Dunn v. Cal. Dep't OF Corr.
  401 F.2d 340· 9th Cir.· 1968-10-08 ·cited 31×
  The court held that a state prisoner's parole revocation is not a federal constitutional question unless arbitrary or capricious, and the prisoner's claims did not meet this standard.
• Cameron v. Fastoff
  543 F.2d 971· 2d Cir.· 1976-04-22 ·cited 30×
  The court held that petitioners failed to exhaust state remedies for their federal constitutional claims, but affirmed the dismissal on the merits for the claim regarding probable cause for the search warrants.
• State v. R. E. F.
  251 So. 2d 672· Fla. 1st DCA· 1971-08-17 ·cited 26×
  The State of Florida appeals a trial court's dismissal of a rape indictment against a 16-year-old juvenile who had previously been adjudicated delinquent in juvenile court for the same offense. The court holds that juvenile delinquency proceedings are civil in nature and do not b
• McDONALD v. Hudspeth
  129 F.2d 196· 10th Cir.· 1942-06-17 ·cited 22×
  The court held that the failure to perfect an appeal is not grounds for habeas corpus relief, and the sentence imposed was not excessive as each count charged a distinct offense.
• Blake v. Roderic H. Katter and Steven R. King
  693 F.2d 677· 7th Cir.· 1982-11-22 ·cited 20×
  The court held that Indiana Code § 34-1-2-2 Second, a five-year statute of limitations for actions against public officers, applies to this § 1983 action, and that claims for speedy trial and excessive force were improperly dismissed.
• Merritt v. United States
  401 F.2d 768· 5th Cir.· 1968-10-15 ·cited 20×
  The court held that the appellant failed to establish a prima facie case for a ministerial exemption and that his constitutional claims regarding representation and process were without merit.
• MAY v. Collins
  955 F.2d 299· 5th Cir.· 1992-02-26 ·cited 17×
  The court granted the certificate of probable cause to appeal, finding the issue debatable among jurists of reason, but ultimately affirmed the district court's denial of the writ, holding the state court's 'paper hearing' was adequate for § 2254(d) presumption of correctness.
• Abe Lincoln v. The Cal. Adult Auth.
  435 F.2d 133· 9th Cir.· 1970-11-30 ·cited 16×
  The court held that the appellant's allegations did not present a substantial constitutional question, thus a three-judge court was not required and the dismissal was proper.
• Dickens v. State
  165 So. 2d 811· Fla. 2d DCA· 1964-06-24 ·cited 16×
  Oliver Dickens appealed the denial of his post-conviction relief motion, challenging three 1946 guilty plea convictions for breaking and entering entered when he was 17, unrepresented, and without parental knowledge. The court reversed, finding the trial court abused its discreti
• United States v. Stewart
  820 F.2d 370· 11th Cir.· 1987-06-29 ·cited 14×
  The court affirmed the conviction, holding that the exclusion of evidence regarding the defendant's father's alleged secret agent activities was proper as it was irrelevant to the charges of illegal firearm possession and transfer. The court also found no merit in claims of judic
• Weldon Wells v. Dallas Indep. Sch. Dist.
  793 F.2d 679· 5th Cir.· 1986-07-03 ·cited 14×
  The court held that genuine issues of material fact existed regarding the sufficiency of notice for the administrative hearing, and that the jury's excessive damages award indicated passion or prejudice, requiring a new trial.
• Nilsa Ortiz v. Eichler
  794 F.2d 889· 3d Cir.· 1986-07-09 ·cited 12×
  The court held that Delaware's pre-hearing notice requirements for welfare benefits must be detailed, including calculations and reasons, and that claimants have a right to confront and cross-examine adverse witnesses under federal regulations.
• Henshaw v. Kelly
  440 So. 2d 2· Fla. 5th DCA· 1983-10-13 ·cited 10×
  Ralph Henshaw, a deputy sheriff, challenges the termination of his employment by Volusia County Manager Kelly, which was imposed following a Personnel Board hearing that had recommended only suspension. The court upholds the manager's authority under county Personnel Rules to imp
• Martin v. Beto
  397 F.2d 741· 5th Cir.· 1968-06-18 ·cited 10×
  The court affirmed the lower court's decision, concluding that while the Court of Inquiry procedures raise grave constitutional questions regarding due process and publicity, the appellant received a fair trial, and the grand jury issue is settled by precedent regarding state ind
• Martinez v. Patterson
  429 F.2d 844· 10th Cir.· 1970-07-15 ·cited 8×
  The court held that constitutional due process does not require appointed counsel, confrontation of witnesses, or compulsory process at state parole revocation hearings, and that the equal protection clause does not mandate counsel for preparing written statements in such proceed
• United States ex rel. Fred DeLUCIA & Salvator Montella v. McMANN
  373 F.2d 759· 2d Cir.· 1967-03-07 ·cited 8×
  The court vacated the district court's denial of habeas corpus and directed dismissal without prejudice, allowing New York courts to reconsider the claims in light of Parker v. Gladden.
• State v. Leroney Hills
  467 So. 2d 845· Fla. 4th DCA· 1985-05-01 ·cited 7×
  The State appeals the trial court's order excluding blood test evidence in a first-degree murder case. The court reversed, holding that the defendant failed to demonstrate actual prejudice from the state's failure to freeze blood samples or from the four-year delay in charging hi
• Ellenmae Crow v. Cal. Dep't OF Human Res. Dev.
  490 F.2d 580· 9th Cir.· 1973-12-14 ·cited 4×
  The court should have affirmed the district court's judgment requiring a due process hearing before termination of unemployment benefits.
• Madry v. Sorel
  440 F.2d 1329· 5th Cir.· 1971-03-26 ·cited 4×
  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.
• Henderson v. A.L. Lockhart
  864 F.2d 1447· 8th Cir.· 1989-01-10 ·cited 2×
  The court held that the district court properly granted the writ of habeas corpus, finding that Henderson was denied effective assistance of counsel in pursuing his appeal, and that the underlying issue had merit.
• The United States v. Clayton Chem. & Packaging Co.
  357 F.2d 1009· C.C.P.A.· 1965-06-24 ·cited 2×
  The court should consider the appeal with the admitted affidavits, as the trial court did not abuse its discretion in admitting them, and the merchandise's United States value is based on its offering price.
• Cappetta v. Louie L. Wainwright
  433 F.2d 1027· 5th Cir.· 1970-11-05 ·cited 1×
  The court affirmed the district court's denial of habeas corpus relief, finding that the petitioner was not entitled to relief on any of his asserted grounds.
• IN & FOR NEW Castle Cnty. Alfred Izquierdo
  Del. Ch.· 2004-06-29
  The Court denied the plaintiff's motion for partial summary judgment and granted in part the defendants' motion for summary judgment. Individual defendants were dismissed from the action. The City was granted summary judgment on most counts, but the breach of contract claims rela
• In & for New Castle Cnty.
  Del. Super. Ct.· 2004-01-29
  The Delaware Superior Court denied the defendant's pro se motion for postconviction relief, finding it procedurally barred under Superior Court Criminal Rule 61. The court determined the motion was filed too late, that the claims raised were either previously adjudicated or not r
• United States v. Sawyer
  483 F.2d 663· 5th Cir.· 1973-08-30
  The court held that the defendant's contentions regarding sentencing discrimination, cruel and unusual punishment, and denial of due process were without merit.
• Silva v. Beto
  387 F.2d 369· 5th Cir.· 1967-12-26
  The court held that the appellant's guilty pleas were voluntary and that he had no federally protected right to a jury trial.
• State v. Dade Cnty.
  25 Fla. Supp. 181· Dade Cty. Cir. Ct.· 1965-07-22
  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.
• Bland v. Connally
  293 F.2d 852· D.C. Cir.· 1961-06-15
  The Secretary of the Navy lacks statutory authority to issue a punitive discharge to an inactive reservist based on alleged subversive conduct engaged in after separation from active duty, especially when based on secret evidence and without confrontation.