Fed. R. Evid. 801(d)(2)(e)

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

• United States v. Wright
  797 F.2d 245· 5th Cir.· 1986-08-18 ·cited 16×
  The dissent argues that the trial court erred in its interpretation of Louisiana law regarding the statute of limitations for a misdemeanor prosecution, which was the basis for the Hobbs Act conviction.
• Gov't of the Virgin Islands v. Brathwaite
  782 F.2d 399· 3d Cir.· 1986-01-21 ·cited 16×
  The court held that coconspirator statements were admissible and the evidence was sufficient for conviction, but vacated sentences imposed under both U.S. and Virgin Islands statutes due to double jeopardy concerns, remanding for resentencing.
• United States v. Dekle
  768 F.2d 1257· 11th Cir.· 1985-08-16 ·cited 16×
  The court held that there was no fatal variance between the indictment and evidence, joinder of defendants was proper, and various evidentiary rulings were either harmless error or not grounds for reversal.
• United States v. Am. Grain & Related Indus.
  763 F.2d 312· 8th Cir.· 1985-05-23 ·cited 16×
  The court held that the United States failed to present sufficient evidence to support Kevlin's conviction for conspiracy, and reversed his conviction. The court also reversed the convictions of AGRI, Wyard, and Williamson due to prejudicial hearsay evidence and remanded for a ne
• United States v. Koopmans
  757 F.2d 901· 7th Cir.· 1985-03-18 ·cited 16×
  The court held that the Attorney General's delegation of authority to wardens to define contraband was lawful and that the government's failure to produce scientific spectra did not prejudice the defendant. The court also found sufficient evidence to convict.
• United States v. Chiavola
  744 F.2d 1271· 7th Cir.· 1984-09-21 ·cited 16×
  The court held that the admission of evidence obtained from a telephone conversation, even if obtained through alleged police misconduct against a co-conspirator, was permissible because the defendant incriminated himself voluntarily and his trial was not fundamentally unfair. Th
• James R. Snyder Co., Inc. v. Associated Gen. Contractors OF Am.
  677 F.2d 1111· 6th Cir.· 1982-04-29 ·cited 16×
  The court held that the preponderance of the evidence standard applies to the admissibility of coconspirator statements in civil cases under Federal Rule of Evidence 801(d)(2)(E), and that a Sherman Act violation arising from a union-employer agreement requires proof of predatory
• United States v. Marks
  585 F.2d 164· 6th Cir.· 1978-10-05 ·cited 16×
  The admission of a codefendant's prior grand jury testimony, which directly implicated the defendant, violated the defendant's Sixth Amendment right of confrontation, and this error was not harmless.
• United States v. Tenorio
  565 F.2d 943· 5th Cir.· 1978-01-09 ·cited 16×
  The court held that the admission of hearsay evidence under the co-conspirator exception, even without strict adherence to Rule 104(a), was harmless error given the independent evidence supporting the conviction.
• United States v. Claddis Arrington
  867 F.2d 122· 2d Cir.· 1989-01-23 ·cited 15×
  The court held that the declaration of mistrials was supported by manifest necessity, thus retrial is not barred by the Double Jeopardy Clause. The court also affirmed the admissibility of informant testimony and the rejection of waivers of conflict-free counsel.
• Olga Romani, M.D. v. State
  528 So. 2d 15· Fla. 3d DCA· 1988-05-24 ·cited 15×
  Dr. Olga Romani was convicted of conspiracy to commit first-degree murder and first-degree murder of Dr. Gerardo DeMola, who was killed in 1981. On appeal, Romani challenged the trial judge's admission of coconspirator hearsay statements, arguing they lacked independent corrobora
• United States v. Greenwood
  974 F.2d 1449· 5th Cir.· 1992-10-02 ·cited 14×
  The court held that it has jurisdiction over the government's cross-appeal of sentences and that the district court erred in sentencing based on a lower schedule of controlled substances. The court affirmed convictions but vacated sentences for resentencing.
• United States v. Homick
  964 F.2d 899· 9th Cir.· 1992-05-15 ·cited 14×
  The court held that the wiretap evidence was admissible, the district court did not err in evidentiary rulings, the evidence was sufficient for conviction, and the jury instructions were adequate.
• United States v. Harvey
  959 F.2d 1371· 7th Cir.· 1992-03-10 ·cited 14×
  The court held that the district court did not err in admitting evidence of other crimes for the purpose of showing intent, in excluding certain defense evidence, or in limiting cross-examination, and that the defendant waived several other claims.
• United States v. Robinson
  956 F.2d 1388· 7th Cir.· 1992-02-27 ·cited 14×
  The court held that the evidence was sufficient to support a finding of a single conspiracy and that the district court did not err in admitting co-conspirator statements, jury instructions, tape recordings, transcripts, or evidence of prior marijuana conspiracy and imprisonment.
• United States v. Jaleh Nazemian
  948 F.2d 522· 9th Cir.· 1991-10-21 ·cited 14×
  The court held that statements made through an interpreter can be admitted as the defendant's own statements if the interpreter acts as a language conduit or agent, and that a co-conspirator's statement about a prior debt, while not in furtherance of the current conspiracy, could
• United States v. Skinner
  946 F.2d 176· 2d Cir.· 1991-09-30 ·cited 14×
  The court affirmed convictions for drug and money laundering offenses but remanded for reconsideration of a downward departure from the sentences imposed under the Sentencing Guidelines.
• United States v. Brown
  943 F.2d 1246· 10th Cir.· 1991-09-03 ·cited 14×
  The court held that there was sufficient circumstantial evidence for a jury to find the appellant knowingly participated in the conspiracy and committed bankruptcy and mail fraud, but reversed and remanded for a new trial due to issues with co-conspirator statement admissibility.
• United States v. Johnson
  927 F.2d 999· 7th Cir.· 1991-03-20 ·cited 14×
  The court held that while the district court erroneously admitted a co-conspirator's statement, the error was harmless because other substantial evidence proved the defendant's guilt beyond a reasonable doubt.
• United States v. COX
  923 F.2d 519· 7th Cir.· 1991-01-22 ·cited 14×
  A district court has discretion to reject a guilty plea, even an Alford plea, if the defendant protests innocence and the court has concerns about systemic legitimacy. The court also affirmed the use of a Santiago proffer procedure, even if ex parte, when it does not prejudice th
• United States v. Pallais
  921 F.2d 684· 7th Cir.· 1990-12-21 ·cited 14×
  The court affirmed the convictions and sentences, finding no reversible error in the trial court's rulings on jury exposure, conspiracy charges, co-conspirator statements, evidence admissibility, or prosecutorial comments.
• United States v. Olawale Olamrewaju Oguns
  921 F.2d 442· 2d Cir.· 1990-12-17 ·cited 14×
  The court held that evidence seized from the defendant's apartment was admissible because his consent was voluntary and any taint from a prior illegal entry was dissipated, and that a phone call was admissible as non-hearsay circumstantial evidence.
• United States v. Todd
  920 F.2d 399· 6th Cir.· 1990-12-04 ·cited 14×
  The court affirmed the conviction but remanded for resentencing, holding that a coordinate court is not bound by prior evidentiary rulings from a mistrial and that the district court's reasons for departing from sentencing guidelines were inadequate.
• United States v. Lee Hitow (88-1970)
  889 F.2d 1573· 6th Cir.· 1989-11-28 ·cited 14×
  The court held that the evidence was sufficient to convict appellants of conspiracy to distribute marijuana and that the district court did not err in admitting certain evidence or in its rulings on prosecutorial remarks and sentencing.
• United States v. Garbett
  867 F.2d 1132· 8th Cir.· 1989-02-14 ·cited 14×
  The court held that the district court properly admitted co-conspirator statements and evidence of other crimes, but erred in admitting evidence of a prior conviction, though this was harmless error. The court also found plain error regarding defense counsel's statement and reman
• United States v. Yaffa Levy
  865 F.2d 551· 3d Cir.· 1989-01-09 ·cited 14×
  The court held that there was sufficient independent evidence to admit co-conspirator statements under the Ammar standard and that the use of false passports and identities was admissible. However, sentences for two defendants were vacated due to potential sentencing misunderstan
• United States v. Flynn
  852 F.2d 1045· 8th Cir.· 1988-07-27 ·cited 14×
• Sec. & Exch. Comm'n v. Giuseppe B. Tome
  833 F.2d 1086· 2d Cir.· 1987-11-20 ·cited 14×
  The court held that service by publication was valid and that the district court had personal jurisdiction over the appellants, and affirmed the admissibility of deposition testimony.
• Gov't OF the Virgin Islands v. Franke Hoheb
  777 F.2d 138· 3d Cir.· 1985-11-21 ·cited 14×
  The court held that inconsistent jury verdicts in a criminal trial, even in a conspiracy case, may be upheld based on Supreme Court precedent.
• United States v. Silverman
  771 F.2d 1193· 9th Cir.· 1985-09-16 ·cited 14×
  The court held that statements implicating the defendant as a co-conspirator were properly admitted under FRE 801(d)(2)(E) and that a flight jury instruction was also proper.
• United States v. Villarreal
  764 F.2d 1048· 5th Cir.· 1985-06-20 ·cited 14×
  The court held that sufficient evidence supported the conspiracy conviction under the Hobbs Act and that the trial court did not commit reversible error.
• United States v. Hoelscher
  764 F.2d 491· 8th Cir.· 1985-06-03 ·cited 14×
  The court held that the evidence was sufficient to support the jury's verdict for conspiracy and aiding and abetting distribution of cocaine, and that evidence from other counts was properly considered for identification.
• United States v. Clifford Howard (83-5434
  752 F.2d 220· 6th Cir.· 1985-01-11 ·cited 14×
  The dissenting judge believes the tape recordings of conversations between co-conspirators were admissible as evidence against Clifford Howard. The jury could find the statements furthered the conspiracy's aim of obtaining insurance proceeds.
• United States v. Pagan
  721 F.2d 24· 2d Cir.· 1983-10-18 ·cited 14×
  The court held that the erroneous admission of a prior Youth Corrections Act conviction, which had been set aside, required reversal because it was not harmless error and was not admissible to rebut the entrapment defense. The admission of a co-conspirator's taped statement did n
• United States v. Fielding
  630 F.2d 1357· 9th Cir.· 1980-10-23 ·cited 14×
  The court held that the admission of out-of-court declarations of alleged coconspirators, which were narrative or aimed at resolving personal debts rather than furthering the conspiracy's common objectives, violated the hearsay rule and the Confrontation Clause.
• United States v. Sandoval-Villalvazo
  620 F.2d 744· 9th Cir.· 1980-06-09 ·cited 14×
  The court held that statements made by coconspirators during the course of and in furtherance of a conspiracy are admissible as vicarious admissions, provided there is independent evidence establishing the conspiracy and the defendant's connection to it. The court also held that
• United States v. Earl L. Nickerson (78-5368)
  606 F.2d 156· 6th Cir.· 1979-09-28 ·cited 14×
  The court held that while the district judge erred in submitting the admissibility of co-conspirator hearsay to the jury, the error was harmless and did not prejudice the defendants. Other arguments raised on appeal were also found to be without merit.
• United States v. Savell
  546 F.2d 43· 5th Cir.· 1977-01-26 ·cited 14×
  The court held that the defendant's statements were either voluntarily made and thus admissible, or any error in admission was harmless beyond a reasonable doubt, and that the trial court did not abuse its discretion in denying a continuance.
• United States v. Ricks
  882 F.2d 885· 4th Cir.· 1989-08-18 ·cited 13×
  The court affirmed the convictions, holding that collateral estoppel did not apply due to different sovereigns, the search warrant was valid, and evidentiary rulings and jury instructions were proper.
• United States v. McCARTHY
  961 F.2d 972· 1st Cir.· 1992-04-15 ·cited 12×
  The court held that the trial court did not err in excusing jurors for cause, admitting co-conspirator statements, admitting a telephone conversation, refusing to send cocaine packaging to the jury, determining the base offense level, adjusting for leadership role, or adjusting f
• United States v. Cruz
  910 F.2d 1072· 3d Cir.· 1990-07-31 ·cited 12×
  The court held that the district court did not err in denying the motion to suppress statements made after arrest, finding probable cause for the arrest and adequate Miranda warnings. The court also affirmed the admissibility of the unidentified woman's statement as a co-conspira
• United States v. Pelletier
  845 F.2d 1126· 1st Cir.· 1988-05-05 ·cited 12×
  The court held that coconspirator statements were properly admitted as hearsay exceptions and that the appellant's statements were admissible. The evidence was sufficient to support the conviction.
• United States v. Miller
  799 F.2d 985· 5th Cir.· 1986-09-12 ·cited 12×
  The court held that the trial court did not err in denying motions based on outrageous government conduct and in admitting co-conspirator statements, and that the defendant did not demonstrate ineffective assistance of counsel.
• United States v. Pecora
  798 F.2d 614· 3d Cir.· 1986-07-02 ·cited 12×
  The court held that there was sufficient evidence for the jury to find that the defendants violated the Taft-Hartley Act, which served as predicate acts for their RICO convictions.
• United States v. Raymond
  793 F.2d 928· 8th Cir.· 1986-06-16 ·cited 12×
  The court held that the district court did not err in admitting a co-conspirator's statement and that sufficient evidence supported the conviction.
• United States v. Grandison
  780 F.2d 425· 4th Cir.· 1985-12-23 ·cited 12×
  The court affirmed the convictions, holding that the admission of photographs, restrictions on a self-represented defendant's movements, the government's use of peremptory challenges, the admission of grand jury testimony, the admissibility of co-conspirator statements, and the e
• United States v. Rivera
  778 F.2d 591· 10th Cir.· 1985-12-05 ·cited 12×
  The court held that the trial court erred in refusing an entrapment instruction for Count III, requiring reversal of that conviction, but found no reversible error in other grounds raised by the defendant.
• United States v. Broome
  732 F.2d 363· 4th Cir.· 1984-04-16 ·cited 12×
  The court held that communications between spouses regarding crimes in which they are jointly participating are not protected by the marital privilege and thus do not preclude the application of the coconspirator exception to the hearsay rule.
• United States v. Simpson
  709 F.2d 903· 5th Cir.· 1983-06-30 ·cited 12×
  The court held that the trial court did not err in admitting evidence challenged by the appellant, finding that the evidence was either part of the conspiracy, admissible under evidentiary rules for impeachment or intent, or harmless error.
• Mendelovitz v. Adolph Coors Co. & Highland Coors Distribs., Inc.
  693 F.2d 570· 5th Cir.· 1982-12-17 ·cited 12×
  The court held that the plaintiff failed to present substantial evidence of anticompetitive impact to support his antitrust claims under federal and Texas law, and that collateral estoppel did not apply due to a change in legal standards.