Federal Rules Of Criminal Procedure Rule 30

439 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Ford
  237 F.2d 57· 2d Cir.· 1956-08-06 ·cited 16×
  The court held that the government's net worth method of proving tax evasion was sufficiently supported by evidence, including corroboration of the opening net worth figure and evidence of inconsistent explanations by the defendant.
• United States v. Scoblick
  225 F.2d 779· 3d Cir.· 1955-07-14 ·cited 16×
  The court held that the trial court did not err in refusing to sever the conspiracy count from substantive counts, nor in denying motions for mistrial or new trial based on alleged prosecutorial misconduct or insufficient proof of corporate existence.
• Kempe v. United States
  160 F.2d 406· 8th Cir.· 1947-04-03 ·cited 16×
  The court held that the information was sufficient, the challenged jurors were not disqualified, the evidence was sufficient, the prosecutor's conduct was not prejudicial, and the jury instructions were not erroneous.
• United States v. Kolsky
  423 F.2d 1111· 5th Cir.· 1970-04-02 ·cited 15×
  The court held that the evidence was sufficient to support the jury's verdict of guilt for transporting a stolen vehicle across state lines, and that the jury instructions were adequate.
• United States v. Ellzey
  936 F.2d 492· 10th Cir.· 1991-06-24 ·cited 14×
  The court held that restricting cross-examination of a witness regarding pending state charges was not a violation of the Confrontation Clause, and that prosecutorial misconduct and the giving of an Allen instruction did not warrant a new trial.
• United States v. McGRATH
  811 F.2d 1022· 7th Cir.· 1987-01-29 ·cited 14×
  The court held that the district court did not err in admitting testimony about a co-defendant's guilty plea and in refusing a limiting instruction because the defendant failed to tender a written instruction as required by rule.
• United States v. Desmond
  670 F.2d 414· 3d Cir.· 1982-01-19 ·cited 14×
  The dissenting judge believes the court should exercise its supervisory power to prohibit special verdicts in criminal cases, except when requested by the defendant for cause shown.
• United States v. Bowling
  666 F.2d 1052· 6th Cir.· 1981-12-17 ·cited 14×
  The court affirmed the conviction, finding that the trial court did not err in admitting evidence or denying motions, and that any errors were harmless.
• United States v. Menendez
  612 F.2d 51· 2d Cir.· 1979-11-26 ·cited 14×
  The court held that the appellant's claims regarding wiretap evidence, venue, and ineffective assistance of counsel were without merit and affirmed the conviction.
• 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. Martin
  511 F.2d 148· 8th Cir.· 1975-02-18 ·cited 14×
  The court held that statements made voluntarily during a search, even without Miranda warnings, are admissible, and that a jury instruction on the right to remain silent, while unnecessary, did not constitute plain error.
• United States v. Croxton
  482 F.2d 231· 9th Cir.· 1973-06-07 ·cited 14×
  The court held that the evidence was sufficient to prove a conspiracy agreement and that the defendants were not entrapped.
• United States v. Milford E. Cook
  497 F.2d 753· 9th Cir.· 1972-08-23 ·cited 14×
  The dissenting judge argues that the majority opinion fails to recognize the unique nature of perjury prosecutions and improperly applies legal standards, leading to a potentially unfair trial for the defendant.
• United States v. Sargis
  460 F.2d 1329· 8th Cir.· 1972-06-16 ·cited 14×
  The court held that the jury instructions regarding possession of recently stolen property and the definition of 'stolen' were proper, and that the prosecution's question about a police line-up did not warrant a mistrial.
• United States v. Kurfess
  426 F.2d 1017· 7th Cir.· 1970-06-03 ·cited 14×
  The court held that the defendant's actions constituted "clandestinely introducing" merchandise, that proof of dutiability was not required to prove intent to defraud, and that the second search was a valid continuation of a border search.
• Carson v. United States
  310 F.2d 558· 9th Cir.· 1962-11-27 ·cited 14×
  The court held that the trial court erred in refusing to instruct the jury on the defense of entrapment when evidence supported the contention, even if the government offered contradictory evidence.
• Lake v. United States
  302 F.2d 452· 8th Cir.· 1962-04-26 ·cited 14×
  The court held that the appellant's procedural assignments of error did not constitute prejudicial error, and thus his conviction was affirmed.
• Brandon v. United States
  190 F.2d 175· 9th Cir.· 1951-08-06 ·cited 14×
  The court held that the indictment was sufficient and that the denial of the motion for a new trial was proper. The judgment on the forgery count is affirmed.
• Mundy v. United States
  176 F.2d 32· D.C. Cir.· 1949-05-31 ·cited 14×
  The court held that the trial court did not err in refusing to give a specific jury instruction on witness credibility and in failing to define reasonable doubt, as the defendant waived the latter issue and no prejudice resulted.
• United States v. Tham
  960 F.2d 1391· 9th Cir.· 1991-11-05 ·cited 13×
  The court held that the district court did not err in denying the defendant's motions and issuing jury instructions, affirming his conviction and sentence.
• United States v. Graham
  758 F.2d 879· 3d Cir.· 1985-03-20 ·cited 13×
  The court affirmed the convictions, holding that the defendants' challenges to the jury instructions and the judge's handling of a juror's holiday request were not preserved for appeal due to a lack of timely objection.
• United States v. Richards
  723 F.2d 646· 8th Cir.· 1983-12-30 ·cited 13×
  The court held that the defendant's arguments against his conviction for willfully failing to file income tax returns were without merit, and the evidence was properly admitted.
• United States v. Frady
  636 F.2d 506· D.C. Cir.· 1980-08-04 ·cited 13×
• United States v. Irving S. Wise t/n Irving Stewart Wise, Jr.
  553 F.2d 1173· 8th Cir.· 1977-04-26 ·cited 13×
  The court held that the indictment was sufficient, the district court did not err in handling jury instructions, and the evidence was sufficient to support the conviction.
• United States v. Alexander
  415 F.2d 1352· 7th Cir.· 1969-08-05 ·cited 13×
  The court held that postal inspectors have the authority to arrest and that sufficient probable cause existed for the defendant's arrest based on his suspicious activities near the post office and the discovery of embezzled mail. Evidentiary rulings and jury instructions were als
• United States v. McGILL
  952 F.2d 16· 1st Cir.· 1991-12-19 ·cited 12×
  The court held that the defendant waived objections to jury instructions and evidence admission by failing to object contemporaneously and by stipulating to evidence, and that the ineffective assistance of counsel claim was not ripe for review on direct appeal.
• Gov't of the Virgin Islands v. Smith
  949 F.2d 677· 3d Cir.· 1991-11-22 ·cited 12×
  The court held that the district court did not commit plain error by failing to give a specific instruction on the prosecution's burden of proof regarding self-defense.
• United States v. Paul Lash (90-1449)
  937 F.2d 1077· 6th Cir.· 1991-06-26 ·cited 12×
  The court held that defendants Lash and Tommasi effectively withdrew from the conspiracy more than six years prior to the indictment, thus barring prosecution on statute of limitations grounds.
• United States v. Whoie
  925 F.2d 1481· D.C. Cir.· 1991-02-08 ·cited 12×
  The court held that the district judge did not commit plain error by instructing the jury on entrapment using a bifurcated approach and by submitting the issue of government inducement to the jury, as the evidence was not so unequivocal as to mandate a finding as a matter of law.
• United States v. Luis
  835 F.2d 37· 2d Cir.· 1987-12-08 ·cited 12×
  The court held that the trial court's jury instructions adequately addressed the defense's theory of mistaken identification, even without a specific eyewitness identification charge.
• United States v. Andino
  831 F.2d 1164· 1st Cir.· 1987-10-28 ·cited 12×
  The court held that Puerto Rico's territorial status prevents the application of the 'dual sovereignty' doctrine for double jeopardy purposes, as it derives its authority from Congress, not a separate sovereign.
• United States v. Cooper
  812 F.2d 1283· 10th Cir.· 1987-02-27 ·cited 12×
  The court held that giving lesser included offense instructions based solely on the 'inherent relationship' test over the defendant's objection violates due process.
• United States v. Ayman Kallash
  785 F.2d 26· 2d Cir.· 1986-01-21 ·cited 12×
  The court held that the defendant waived objections to the jury charge by failing to preserve them and that the instructions did not constitute plain error. The court also held that restitutionary awards must comply with 18 U.S.C. §§ 3579-80.
• United States v. Olgin
  745 F.2d 263· 3d Cir.· 1984-10-02 ·cited 12×
  The court held that the trial judge's use of the word 'spurious' to describe the defendant's sole defense, while ill-advised, did not constitute reversible error, especially when considered in light of the entire jury charge and the defendant's failure to adequately preserve the
• United States v. Magnus
  743 F.2d 517· 7th Cir.· 1984-09-06 ·cited 12×
  The court held that evidence of statements made before a defendant joined a conspiracy can be admissible as co-conspirator declarations and that the failure to give a limiting instruction was harmless error. The court also found the evidence sufficient to support the conspiracy c
• United States v. Dilg
  700 F.2d 620· 11th Cir.· 1983-03-14 ·cited 12×
  The court held that the failure to instruct the jury on the presumption of innocence at the close of the evidence, after timely objection, constitutes reversible error requiring a new trial.
• United States v. Hecht
  705 F.2d 976· 8th Cir.· 1983-03-04 ·cited 12×
  The court held that the evidence was sufficient to support the jury's conviction for tax evasion for calendar year 1978, and that the trial court did not err in its jury instructions or supplemental instructions.
• United States v. Burgess
  691 F.2d 1146· 4th Cir.· 1982-10-22 ·cited 12×
  The court held that the district court impermissibly limited the scope of Burgess's surrebuttal, denying him a full and fair hearing on his insanity defense.
• United States v. Cook
  663 F.2d 808· 8th Cir.· 1981-11-12 ·cited 12×
  A modified Allen jury instruction given after the jury had deliberated for five and one-half hours was not unduly coercive and did not constitute plain error.
• United States v. Franklin
  568 F.2d 1156· 8th Cir.· 1978-01-12 ·cited 12×
  The court held that the jury instruction regarding the presumption of interstate commerce did not constitute plain error, and the prosecutor's comments during closing argument, while potentially vehement, did not deny the defendant a fair trial.
• United States v. Nalley
  455 F.2d 259· 6th Cir.· 1972-02-03 ·cited 12×
  The court held that mere presence near stolen property, without more, is insufficient to support a conviction for possession.
• United States v. Callis
  390 F.2d 606· 6th Cir.· 1968-02-29 ·cited 12×
  The court held that the trial court did not commit reversible error in its conduct or instructions to the jury.
• O'Malley v. United States
  378 F.2d 401· 1st Cir.· 1967-06-06 ·cited 12×
  The court held that the evidence was sufficient to support the conviction for embezzlement and that the trial court did not err in its evidentiary rulings or jury instructions.
• United States v. Tolbert
  367 F.2d 778· 7th Cir.· 1966-10-05 ·cited 12×
  The court held that the complete failure to instruct the jury on the nature, assumptions, and inferences of the net worth method of proof constitutes plain error requiring reversal, even without objection.
• United States v. Johnson
  345 F.2d 457· 6th Cir.· 1965-05-11 ·cited 12×
  The court held that the trial court did not err in its jury instructions, admission of evidence, or rulings on witness testimony and cross-examination.
• Watada v. United States
  301 F.2d 869· 9th Cir.· 1962-04-13 ·cited 12×
  The court held that the trial court's failure to observe Rule 30 and give a specific cautionary instruction did not prejudice the appellant.
• August Tom Rizzo v. United States
  295 F.2d 638· 8th Cir.· 1961-11-06 ·cited 12×
  The court held that the jury instructions were not erroneous, and the trial court did not err in its evidentiary rulings regarding cross-examination and the production of a witness statement.
• Hansberry v. United States
  295 F.2d 800· 9th Cir.· 1961-10-06 ·cited 12×
  The court held that the evidence was sufficient to support the jury's verdict of guilt for embezzling public funds, and that no reversible error occurred during the trial.
• 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.
• Hawkins v. United States
  288 F.2d 122· D.C. Cir.· 1960-07-28 ·cited 12×
  The court held that the search warrant was valid, the jury was properly instructed on the issue of confession coercion, and the evidence was sufficient to support the verdict.