Greater Weight Of The Evidence Standard

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

• Russell v. State
  982 So. 2d 642· Fla.· 2008-05-01 ·cited 110×
  The Florida Supreme Court held that Crawford v. Washington does not apply to probation revocation proceedings, and that hearsay evidence coupled with non-hearsay corroborating testimony (such as observation of injury) may support revocation of probation if the totality of circums
• Gonzalez v. State
  449 So. 2d 882· Fla. 3d DCA· 1984-04-10 ·cited 53×
  Juan Gonzalez was convicted of third-degree murder, attempted third-degree murder, robbery, and marijuana trafficking related to two homicides committed during a robbery of marijuana. On appeal, he challenged the admission of his confession and his conviction for both felony murd
• Wieczoreck v. H & H Builders, Inc.
  475 So. 2d 227· Fla.· 1985-08-30 ·cited 45×
  The Florida Supreme Court resolved a conflict in its precedent regarding the standard of proof required to establish fraud. The Court held that fraud must be proven by a preponderance of the evidence, not clear and convincing evidence, whether the action is at law or in equity.
• Dwaine Woodson v. State
  864 So. 2d 512· Fla. 5th DCA· 2004-01-09 ·cited 44×
  Dwaine Woodson appeals his sex offender probation revocation, arguing the trial court abused its discretion by finding willful and substantial violations without specifying time parameters or limits on compliance attempts. The Fifth District affirms, holding that legislatively ma
• Bernhine W. Young v. State
  519 So. 2d 719· Fla. 5th DCA· 1988-02-04 ·cited 44×
  Young appealed his probation revocation and departure sentence for cocaine sales. The Fifth District affirmed, holding that sufficient evidence supported the probation violation and that a trial judge may depart from sentencing guidelines based on substantive violations found at
• Burgin v. State
  623 So. 2d 575· Fla. 1st DCA· 1993-08-23 ·cited 43×
  Richard Burgin appeals his probation revocation for failure to report to his probation officer. The court affirmed the revocation finding the violation willful and substantial, but remanded to correct the written order to reflect only the single violation the trial court found pr
• Butler v. State
  775 So. 2d 320· Fla. 2d DCA· 2000-05-19 ·cited 37×
  The court held that the technical omission of failing to submit one monthly report, by itself, and the failure to enroll in educational classes due to confusion and transportation issues, do not constitute willful and substantial violations sufficient to revoke probation.
• In re Standard Jury Instructions IN Civil Cases-Report NO. 09-01 (Reorganization of the Civil Jury Instructions). In re Standard Jury Instructions in Civil Cases-Report No. 09-02 (Greater Weight of the Evidence
  35 So. 3d 666· Fla.· 2010-03-04 ·cited 35×
  In a probate proceeding concerning a petition for the administration of a lost will, the appellate court affirmed the trial court's summary judgment, finding that the lost will was invalid due to improper execution formalities.
• Charvester Anthony v. State
  854 So. 2d 744· Fla. 2d DCA· 2003-08-27 ·cited 34×
  Charvester Anthony appealed the revocation of his community control after pleading guilty to lewd and lascivious acts. The court reversed the revocation order in part, finding that the trial court erred in basing revocation on violations of conditions 1, 5, and 77, but affirmed t
• Rico Correa v. State
  43 So. 3d 738· Fla. 2d DCA· 2010-06-23 ·cited 33×
  Rico Correa appealed the revocation of his community control based on alleged GPS monitoring violations. The appellate court reversed, finding that the State failed to prove willful and substantial violations of his GPS monitoring rules, emphasizing that technical equipment malfu
• Dietz v. State
  534 So. 2d 808· Fla. 2d DCA· 1988-11-23 ·cited 31×
  The appellate court affirmed a conviction for attempted sexual battery but remanded for correction of the sentencing procedure. The court found insufficient evidence to prove a violation of one community control condition due to hearsay, but sufficient evidence for another condit
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2005-2. In re Standard Jury Instructions In Crim. Cases-Penalty Phase of Cap. Trials
  22 So. 3d 17· Fla.· 2009-10-29 ·cited 30×
  The Florida Supreme Court authorized amendments to Standard Jury Instruction 7.11 for penalty phase capital cases to clarify jurors' role, reduce confusion about burdens of proof, and address deficiencies identified in the ABA Death Penalty Assessment Report regarding juror misco
• Rita v. State
  470 So. 2d 80· Fla. 1st DCA· 1985-06-06 ·cited 28×
  Edmund Rita appeals the denial of his Rule 3.850 post-conviction relief motion and the revocation of his probation. The court held that Rita had standing to file the motion while awaiting a probation revocation hearing, and that the evidence was legally insufficient to establish
• Miller v. State
  420 So. 2d 631· Fla. 2d DCA· 1982-09-17 ·cited 28×
  The court held that the evidence presented was insufficient to establish a reasonable belief that the appellant violated his probation.
• Ferebee v. State
  967 So. 2d 1071· Fla. 2d DCA· 2007-11-09 ·cited 26×
  Shawn Ferebee appeals his convictions for robbery and attempted robbery with a firearm, arguing the trial court erred by applying the wrong legal standard when denying his motion for new trial. The court agrees that the trial court incorrectly applied the sufficiency of the evide
• Binder v. Commercial Travelers Mut. Acc. Ass'n of Am.
  165 F.2d 896· 2d Cir.· 1947-11-28 ·cited 26×
  The court held that the proof of loss was sufficient and that the jury's verdict was not against the weight of the evidence, but that the trial court's alternative order for a new trial should be affirmed.
• Cargill v. Hardin
  452 F.2d 1154· 8th Cir.· 1971-12-07 ·cited 24×
  The court held that the Secretary of Agriculture's findings of market manipulation were supported by the weight of the evidence, rejecting Cargill's defenses regarding 'uneconomic acts' and the definition of manipulation.
• Deron Spear v. State
  860 So. 2d 1080· Fla. 1st DCA· 2003-12-11 ·cited 22×
• Chastain v. Scandinavian Health Spas & Am. States Ins.
  659 So. 2d 1381· Fla. 1st DCA· 1995-09-11 ·cited 22×
• Green v. State
  23 So. 3d 820· Fla. 4th DCA· 2009-12-02 ·cited 21×
  The court affirmed the revocation of probation but remanded for the trial court to enter an order listing only the three charges that were sufficiently proven.
• Standard Jury Instructions-Civil Cases (1.0
  613 So. 2d 1316· Fla.· 1993-02-11 ·cited 18×
  The Florida Supreme Court approved three new standard civil jury instructions: Instruction 1.0 on preliminary voir dire, Instruction 6.1d on motor vehicle no-fault threshold, and Instruction MI8 on fraudulent and negligent misrepresentation. The Court authorized their publication
• Evans v. State
  427 So. 2d 1082· Fla. 1st DCA· 1983-03-11 ·cited 18×
• Hampton v. Magnolia Towing Co., Inc.
  338 F.2d 303· 5th Cir.· 1964-10-16 ·cited 18×
  The court held that the district court erred in granting a judgment notwithstanding the verdict because there was substantial evidence to support the jury's finding of negligence, and remanded for a new trial.
• Velloso v. State
  117 So. 3d 903· Fla. 4th DCA· 2013-07-31 ·cited 16×
  The court held that a trial court's denial of a motion for a new trial is reversible error if based on an incorrect legal standard, specifically applying the sufficiency of the evidence standard instead of the weight of the evidence standard.
• Dean v. State
  948 So. 2d 1042· Fla. 2d DCA· 2007-02-23 ·cited 16×
  Paul Roy Dean appealed the revocation of his probation for alleged violations of conditions prohibiting alcohol consumption and requiring community service hours. The appellate court reversed, finding the State failed to prove by the greater weight of the evidence that Dean willf
• McLAURIN v. State
  585 So. 2d 473· Fla. 3d DCA· 1991-09-10 ·cited 16×
• Aurora Figueroa v. Hon. Awilda Aponte-Roque
  864 F.2d 947· 1st Cir.· 1989-01-04 ·cited 16×
  The court held that the Secretary of Education was not liable for the janitor's termination because the plaintiff failed to demonstrate a causal link between the Secretary's actions and the alleged harm. The court affirmed the jury's verdict for the clerical employees.
• Nat'l Polymer Prods., Inc. v. Borg-Warner Corp.
  660 F.2d 171· 6th Cir.· 1981-09-14 ·cited 16×
  The court held that the trial court erred in granting judgment notwithstanding the verdict because sufficient evidence existed to raise factual issues for the jury, but did not abuse its discretion in granting a new trial.
• Kegler v. State
  313 So. 3d 824· Fla. 2d DCA· 2021-01-13 ·cited 15×
  The appellate court reversed the revocation of community control and the resulting sentences, finding the state failed to prove a willful and substantial violation. The court held that simply failing to answer a door or phone at an early hour, without more, does not constitute su
• Oertel v. State
  82 So. 3d 152· Fla. 4th DCA· 2012-02-29 ·cited 15×
  William Oertel appeals a finding that he willfully and substantially violated his sex offender probation by being discharged from the CORTE treatment program. The Fourth District affirmed the violation finding but remanded for entry of a written order, holding that Oertel's disru
• Maurio Boyd v. State
  1 So. 3d 1186· Fla. 2d DCA· 2009-02-04 ·cited 15×
  Boyd appeals the revocation of his probation based on a new law violation of battery on a pregnant woman. The court reversed the revocation, holding that the trial court abused its discretion by revoking probation based solely on uncorroborated hearsay evidence without sufficient
• Palmer v. State
  196 So. 3d 1289· Fla. 1st DCA· 2016-08-16 ·cited 14×
  Daniel Scott Palmer appeals his convictions for two counts of aggravated assault with a deadly weapon and two counts of simple assault. The appellate court reverses and remands on two issues: the trial court's failure to apply the correct weight-of-evidence standard to the motion
• Collett v. State
  28 So. 3d 224· Fla. 2d DCA· 2010-02-26 ·cited 14×
  The court held that the trial court's denial of the motion for new trial must be reversed and remanded because the record does not clearly show the correct legal standard was applied.
• Inman v. State
  684 So. 2d 899· Fla. 2d DCA· 1996-12-20 ·cited 14×
  Roger Inman appealed the revocation of his community control for allegedly violating a condition prohibiting contact with children under 18. The Florida appellate court reversed, holding that the evidence did not establish a substantial and willful violation because Inman did not
• White v. Pence
  961 F.2d 776· 8th Cir.· 1992-04-13 ·cited 14×
  The court held that the district court applied an incorrect legal standard when denying the motion for a new trial, and that the case must be remanded for reconsideration under the proper standard.
• Richardson v. The City OF Albuquerque
  857 F.2d 727· 10th Cir.· 1988-09-22 ·cited 14×
  The court held that the jury's verdict for the defendants on discrimination claims was supported by sufficient evidence and that the trial court correctly directed a verdict against the plaintiff's due process claim.
• First Nat'l Monetary Corp. & Michael Bivins v. A.J. Weinberger & Commodity Futures Trading Comm'n
  819 F.2d 1334· 6th Cir.· 1987-06-04 ·cited 14×
  The court held that Section 4o of the Commodity Exchange Act does not require proof of intent to defraud, only intentional acts, and that the CFTC's findings were supported by the weight of the evidence.
• Rathburn v. State
  353 So. 2d 902· Fla. 4th DCA· 1977-12-28 ·cited 14×
  Appellant's probation was revoked based solely on missing one scheduled meeting in a court-ordered rehabilitation program. The court reversed, holding that the single incident—which the program director acknowledged may have resulted from a misunderstanding and was part of the no
• The AETNA Life Ins. Co., Inc. v. Fruchter
  283 So. 2d 36· Fla.· 1973-08-02 ·cited 14×
  Aetna Life Insurance sought review of a district court decision reversing a trial court judgment in a disability benefits dispute. The Florida Supreme Court upheld the district court's application of the substantive law principle that once an insurer acknowledges disability by ma
• Sanford v. State
  687 So. 2d 315· Fla. 3d DCA· 1997-01-29 ·cited 13×
  Samuel Sanford was convicted of second-degree murder and unlawful firearm possession in the shooting death of his live-in girlfriend. After the trial judge recused himself, a successor judge denied Sanford's motion for a new trial based on the verdict being contrary to the weight
• Rodgers v. State
  171 So. 3d 236· Fla. 1st DCA· 2015-08-14 ·cited 12×
  Brandon Derrick Rodgers appealed the revocation of his probation and 15-year prison sentence imposed thereafter. The appellate court affirmed the revocation based on firearm possession and new law violations (armed robbery, resisting an officer), but reversed the trial court's fi
• Whitehead v. State
  22 So. 3d 846· Fla. 4th DCA· 2009-12-02 ·cited 12×
  The court held that while hearsay is admissible in probation revocation hearings, it must be supported by non-hearsay evidence, and a probationer cannot be found to have violated probation based solely on unsupported hearsay allegations.
• McCARRICK v. State
  553 So. 2d 1373· Fla. 2d DCA· 1989-12-22 ·cited 12×
  Thomas McCarrick appealed the revocation of his probation, arguing the trial court relied solely on hearsay evidence to support the violation findings. The appellate court agreed and reversed, holding that while probation revocation hearings need not follow strict rules of eviden
• Parvin E. DAY v. Amax, Inc.
  701 F.2d 1258· 8th Cir.· 1983-03-09 ·cited 12×
  The court held that the plaintiff failed to present evidence that any defendant offered to sell the draglines, thus no contract was formed, and all claims failed.
• Hicks v. State
  890 So. 2d 459· Fla. 2d DCA· 2004-12-29 ·cited 11×
  Gary Mark Hicks, a sexual offender on probation, appeals the revocation of his probation and 151-month prison sentence for allegedly violating probation conditions by operating a pet store kiosk in a mall and failing to fully disclose the business to his probation officer. The co
• Monieson v. Commodity Futures Trading Comm'n
  996 F.2d 852· 7th Cir.· 1993-06-07 ·cited 11×
  The court affirmed the CFTC's finding that Monieson was a controlling person liable for violations and had failed to supervise diligently, upholding the sanctions imposed.
• Watson Realty Corp. v. Quinn
  452 So. 2d 568· Fla.· 1984-06-28 ·cited 11×
• Sharif Shakhan Miffin v. State
  19 So. 3d 377· Fla. 2d DCA· 2009-05-22 ·cited 10×
  The court affirmed the revocation of probation based on a new law violation (grand theft motor vehicle) but remanded to strike findings based solely on hearsay.
• Dante Mortel McCRAY v. State
  754 So. 2d 776· Fla. 3d DCA· 2000-03-15 ·cited 10×
  The court held that a defendant's failure to be home on time due to a car breakdown, without more, does not constitute a willful violation of community control. Ineptitude or negligence is insufficient to trigger revocation.
• Mulato v. Mulato
  705 So. 2d 57· Fla. 4th DCA· 1997-12-24 ·cited 9×
  Dorothy and Edward Mulato, siblings, disputed their mother Isabelle's estate, including jointly-held bank accounts, stock certificates, and real property. The Fourth District Court of Appeal reversed the trial court's award to Edward of funds from accounts held solely in Dorothy