Directed Verdict Of Acquittal

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

• Patterson v. State
  391 So. 2d 344· Fla. 5th DCA· 1980-12-17 ·cited 24×
  The court held that the trial court did not err in denying the motion for a directed verdict of acquittal because the motion was insufficient and the evidence of ownership was adequate.
• Holland v. State
  359 So. 2d 28· Fla. 3d DCA· 1978-05-30 ·cited 24×
  Sheila Holland was convicted of manslaughter (lesser offense than second-degree murder charged) after stabbing a victim with a knife; the victim died five weeks later from infection. The appellate court affirmed the conviction, finding no reversible error in the trial court's evi
• United States v. Martinez
  562 F.2d 633· 10th Cir.· 1977-09-23 ·cited 24×
  The court held that the defendants failed to establish that the conspiracy charged in the Texas indictment was the same as the one charged in the Oklahoma indictment, thus the Double Jeopardy Clause did not bar the prosecution.
• Henry v. State
  328 So. 2d 430· Fla.· 1976-02-25 ·cited 24×
  James Henry was convicted of first-degree murder for killing Z. L. Riley by suffocation and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, finding no reversible error and concluding that the judgment was in accordance with justice.
• United States v. Mesarosh
  223 F.2d 449· 3d Cir.· 1955-06-13 ·cited 24×
  The court held that the evidence was sufficient to support the jury's findings of conspiracy and intent, and that pre-1945 evidence was admissible to prove the Party's purposes and the defendants' intent. The court also affirmed that the conspiracy posed a clear and present dange
• Karn v. United States
  158 F.2d 568· 9th Cir.· 1946-12-02 ·cited 24×
  The court held that the evidence presented was wholly insufficient to sustain a verdict of guilty, and the trial court should have granted a directed verdict of acquittal.
• United States v. DOE
  878 F.2d 1546· 1st Cir.· 1989-06-30 ·cited 23×
  Statements made by appellants regarding their citizenship prior to Miranda warnings were admissible because the inquiry was part of an identification procedure permitted as an exception to Miranda, necessitated by the circumstances, and would have been discovered eventually.
• United States v. Roark
  753 F.2d 991· 11th Cir.· 1985-02-22 ·cited 22×
  The court held that the exclusion of expert psychological testimony regarding the defendant's suggestibility was an error that affected substantial rights, requiring reversal.
• United States v. Martin Linen Supply Co.
  534 F.2d 585· 5th Cir.· 1976-06-21 ·cited 22×
  The court held that it lacks appellate jurisdiction to hear the government's appeal from a directed verdict of acquittal entered after a mistrial, because the double jeopardy clause bars further prosecution.
• Dillen v. State
  202 So. 2d 904· Fla. 2d DCA· 1967-10-06 ·cited 22×
  The court held that photographs of a deceased child's injuries were admissible as they were relevant to proving the nature and cause of the injuries, and that there was sufficient evidence to support the conviction.
• Kirksey v. State
  433 So. 2d 1236· Fla. 1st DCA· 1983-06-21 ·cited 21×
  Johnny Lee Kirksey appeals his conviction for attempted sexual battery, aggravated assault, and burglary with assault (with kidnapping reduced to false imprisonment). The court affirmed all convictions, holding that the officer's failure to inform Kirksey of the cause of arrest d
• United States v. Rogers
  639 F.2d 438· 8th Cir.· 1981-01-30 ·cited 20×
  The court held that the evidence was sufficient to support the conviction, entrapment was a question of fact for the jury, and the delays did not violate the defendant's speedy trial or due process rights.
• Gaskins v. United States
  410 F.2d 987· D.C. Cir.· 1967-12-20 ·cited 20×
  The court held that the trial court erred by failing to instruct the jury that narcotic addiction could be considered in combination with other evidence of mental disease to determine criminal responsibility.
• United States v. Lichota
  351 F.2d 81· 6th Cir.· 1965-09-30 ·cited 20×
  The court held that there was substantial competent evidence in the record to support the jury's verdict of guilty on mail fraud and conspiracy charges, and that the evidence supported a finding of actual fraud.
• United States v. Berrojo
  628 F.2d 368· 5th Cir.· 1980-10-14 ·cited 18×
  The court held that a judge may take judicial notice of facts at any stage of a proceeding, and that an unobjected-to jury instruction does not warrant reversal unless it constitutes plain error.
• United States v. Thurmond
  541 F.2d 774· 8th Cir.· 1976-09-21 ·cited 18×
  The court held that the prosecutor's comments on the defense's failure to present evidence did not constitute reversible error, nor was there insufficient evidence or cruel and unusual punishment.
• Filer v. State
  285 So. 2d 669· Fla. 2d DCA· 1973-09-12 ·cited 18×
  Where a defendant is charged with conspiring with specific, named individuals, and those individuals are acquitted, the defendant's conviction for conspiracy must be reversed.
• Morales v. United States
  260 F.2d 939· 6th Cir.· 1958-10-29 ·cited 18×
  The court held that the undisputed facts established entrapment as a matter of law, requiring dismissal of the indictment.
• Diecidue v. State
  131 So. 2d 7· Fla.· 1961-05-24 ·cited 17×
  Frank Diecidue was convicted of violating Florida's lottery laws based on circumstantial evidence that bolita paraphernalia was found in his home during a raid. The Florida Supreme Court reversed his conviction, holding that the trial judge fundamentally erred by giving a jury in
• United States v. Clayborne
  509 F.2d 473· D.C. Cir.· 1974-12-16 ·cited 16×
  The court held that defense counsel's decision not to cross-examine a key witness was a permissible tactical decision, and the evidence was sufficient to support the convictions.
• United States v. White
  493 F.2d 3· 5th Cir.· 1974-04-24 ·cited 16×
  The court held that a confession obtained during custody is admissible if the defendant knowingly and voluntarily waived their Miranda rights, and that the corroboration standard for confessions in federal courts does not require independent proof of the corpus delicti.
• State of Fla. ex rel. Richard E. Gerstein v. Honorable Carling Stedman
  233 So. 2d 142· Fla. 3d DCA· 1970-03-20 ·cited 16×
  The State of Florida sought a writ of prohibition to disqualify Judge Carling Stedman from hearing a criminal case involving grand jury indictments and immunized witness testimony, based on statements he made expressing opposition to grand jury indictments and immunity grants. Th
• Thompson v. United States
  405 F.2d 1106· D.C. Cir.· 1968-11-25 ·cited 16×
  The court held that the evidence presented was sufficient to support the conviction and that the trial court's jury instructions were proper.
• Cauley v. United States
  355 F.2d 175· 5th Cir.· 1966-01-11 ·cited 16×
  The court held that the testimony provided sufficient evidence for the jury to conclude the offenses occurred in Irwin County, thus establishing venue and jurisdiction.
• Alexander v. United States
  354 F.2d 59· 5th Cir.· 1965-12-10 ·cited 16×
  The court held that the admission of evidence concerning a co-defendant's confession and statements, even with a curative instruction, created incurable prejudice, requiring reversal.
• Powers v. United States
  305 F.2d 157· 10th Cir.· 1962-06-22 ·cited 16×
  The court held that the trial judge's questions to a psychiatrist were proper and did not prejudice the defendant, and that the defendant was not entitled to a directed verdict based on a psychiatric report that did not assess criminal culpability.
• Hutson v. United States
  238 F.2d 167· 9th Cir.· 1956-10-30 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying continuances and that there was sufficient evidence to support the jury's verdict, affirming the conviction.
• Ryles v. United States
  172 F.2d 72· 10th Cir.· 1948-12-29 ·cited 16×
  The court held that the indictment was sufficient and that the failure to instruct the jury on entrapment was not plain error, affirming the conviction.
• United States v. Desmarais
  938 F.2d 347· 1st Cir.· 1991-07-17 ·cited 14×
  The court affirmed the conviction and forfeiture, holding that the trial court did not err in bifurcating the trials, admitting evidence of a prior suspicious package, denying motions for acquittal, or in its jury instructions regarding forfeiture.
• Szilagyi v. State
  564 So. 2d 644· Fla. 4th DCA· 1990-08-08 ·cited 14×
  The state's evidence of the requisite felonious intent was inadequate to sustain a conviction for grand theft.
• United States v. Swets
  563 F.2d 989· 10th Cir.· 1977-10-07 ·cited 14×
  The court held that the government is not required to show prior intent or predisposition to commit a crime to negate the entrapment defense, and that the jury's finding of no entrapment is supported by evidence.
• United States v. Whitney
  425 F.2d 169· 8th Cir.· 1970-04-14 ·cited 14×
  The court held that the police had probable cause to arrest the appellant and that there was sufficient evidence for the jury to find her guilty of possessing stolen money.
• Miller v. State
  233 So. 2d 448· Fla. 1st DCA· 1970-04-02 ·cited 14×
  Robert E. Miller was convicted of kidnapping after luring a seven-year-old child into his automobile and keeping her in unknown locations for approximately four hours. On appeal, Miller challenged the sufficiency of evidence to prove the essential elements of kidnapping—intent to
• Wright v. State
  351 So. 2d 1127· Fla. 1st DCA· 1977-11-17 ·cited 13×
  The law does not require laboratory testing of every molecule, grain, leaf or stalk of suspected cannabis; an expert may arrive at a logical conclusion based upon random sampling, and the weight of evidence is for the jury to determine.
• Carlton Shipman Sutton v. State
  327 So. 2d 234· Fla. 1st DCA· 1976-01-14 ·cited 13×
  Carlton Sutton was convicted of carrying a concealed firearm found under the passenger seat of his automobile. The appellate court reversed the conviction, holding that the state failed to prove the essential elements of the crime: that the firearm was both concealed and located
• State v. Hargrove
  552 So. 2d 281· Fla. 4th DCA· 1989-11-15 ·cited 12×
  Florida appealed a trial court's dismissal of a criminal case after the state's eyewitnesses recanted their testimony. The appellate court reversed, holding that the trial court improperly evaluated witness credibility on a motion to dismiss rather than allowing the case to proce
• United States v. Porter
  701 F.2d 1158· 6th Cir.· 1983-03-10 ·cited 12×
  The court held that the appellants' constitutional rights were not violated by the denial of discovery of classified surveillance equipment, the prosecutor's comments, or the warrantless arrest of Brickey, and affirmed the jury convictions.
• Gayle v. State
  258 So. 2d 455· Fla. 1st DCA· 1972-02-17 ·cited 12×
  The court held that the circumstantial evidence was insufficient to prove the defendant's guilt beyond a reasonable doubt, as it only established association, not participation.
• United States v. Toney
  440 F.2d 590· 6th Cir.· 1971-04-14 ·cited 12×
  The court held that in-court identifications are admissible even if witnesses could not identify defendants from photographs or lineups, and that denying a jury's request for a transcript was within the trial court's discretion.
• United States v. Smith
  399 F.2d 896· 6th Cir.· 1968-09-10 ·cited 12×
  The court held that the trial judge's comments to the jury, stating his opinion that the defendant was proven guilty beyond a reasonable doubt, exceeded permissible limits and constituted reversible error.
• Brown v. United States
  283 F.2d 792· 8th Cir.· 1960-11-04 ·cited 12×
  The court held that the trial court did not err in excluding certain testimony and in its handling of rebuttal evidence, as any potential errors were harmless given the overwhelming evidence of guilt and procedural rules.
• Neubauer v. United States
  250 F.2d 838· 8th Cir.· 1958-01-21 ·cited 12×
  The court held that the trial court did not err in denying the defendant's motion for a directed verdict of acquittal and that the defendant's alleged errors regarding evidence and mistrial were without merit.
• Isaiah Bradley v. United States
  249 F.2d 922· D.C. Cir.· 1957-09-20 ·cited 12×
  The court held that the jury could properly conclude the appellant was sane and that his act was not the product of mental disease, and that the trial judge did not err in his instructions or in questioning the psychiatrist.
• United States v. Eddington
  328 F.2d 760· 7th Cir.· 1964-02-18 ·cited 11×
  The court held that the trial court did not err in denying the defendant's motion for a bill of particulars seeking the identity of prosecution witnesses, and that evidence of prior similar conduct and victim's abuse was properly admitted to prove intent and conspiracy.
• United States v. Americo Olivo-Infante
  938 F.2d 1406· 1st Cir.· 1991-06-07 ·cited 10×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on directed verdicts, severance, hearsay, and jury instructions.
• J.L. v. State
  566 So. 2d 1383· Fla. 1st DCA· 1990-09-21 ·cited 10×
  J.L., a juvenile, appeals her disposition for burglary of a conveyance, grand theft, and petit theft, arguing that contradictory testimony from a state witness entitled her to acquittal. The court affirmed, holding that the cited precedents do not apply because the state presente
• United States v. James Stephen Meyer (85-5712)
  803 F.2d 246· 6th Cir.· 1986-10-08 ·cited 10×
  Drug trafficking offenses are not 'crimes of violence' under 18 U.S.C. § 924(c), and therefore, convictions for carrying a firearm during such offenses must be vacated. However, convictions for conspiracy and aiding and abetting distribution are affirmed.
• Gilbert v. State
  311 So. 2d 384· Fla. 3d DCA· 1975-04-22 ·cited 10×
  The court held that the appellant's contentions for reversal were without merit and that the judgment should be affirmed.
• United States v. Baty
  486 F.2d 240· 5th Cir.· 1973-10-17 ·cited 10×
  The court held that the warrantless search of the automobile was justified by probable cause and exigent circumstances, and the defendant's admissions were voluntary and admissible.
• United States v. Finnerty
  470 F.2d 78· 3d Cir.· 1972-11-29 ·cited 10×
  The court held that sufficient evidence remained to support the jury's finding of knowledge regarding the counterfeit note transaction.