Greater Weight Of The Evidence Standard

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

• Moreland v. State
  253 So. 3d 1245· Fla. 1st DCA· 2018-09-05 ·cited 8×
  A trial court's summary denial of a motion for a new trial is entitled to a presumption of correctness and will not be reversed absent clear and patent error on the record showing the court applied an incorrect legal standard. The trial court need not use specific magic words whe
• King v. State
  915 So. 2d 764· Fla. 2d DCA· 2005-12-09 ·cited 8×
  James King appeals the revocation of his community control. The court affirmed the revocation based on violations of conditions 3, 5, 9, and 12, but reversed and remanded to strike the finding of a violation of condition 27 because the State failed to meet its burden of proving K
• Tobias v. State
  828 So. 2d 1066· Fla. 4th DCA· 2002-10-23 ·cited 8×
  The court held that a finding of guilt for a probation violation cannot be based solely on hearsay evidence.
• Arndt v. State
  815 So. 2d 674· Fla. 5th DCA· 2002-03-28 ·cited 8×
  Conrad Arndt appeals the revocation of his two-year probation term for allegedly committing battery in violation of his probation conditions. The court affirmed the revocation, holding that the trial court properly relied on a combination of hearsay testimony and direct evidence
• Morris v. Commodity Futures Trading Comm'n
  980 F.2d 1289· 9th Cir.· 1992-12-04 ·cited 8×
  The court affirmed the CFTC's ruling, finding that the petitioner failed to establish fraudulent inducement due to waiver and failed to prove churning because he maintained control over his account.
• Barber v. Hatch
  380 So. 2d 536· Fla. 5th DCA· 1980-02-27 ·cited 8×
  Lessor sought eviction against lessee and purported assignee of a long-term lease. The trial court found an assignment valid through equitable estoppel and granted specific performance, but the appellate court reversed because the trial court applied the wrong standard of proof f
• Adams v. State
  330 So. 2d 505· Fla. 1st DCA· 1976-04-23 ·cited 8×
  Adams appealed his probation revocation, challenging the sufficiency of evidence supporting a finding that he violated the probation condition to 'live honorably in all respects.' The Florida appellate court affirmed, holding that Adams's presence in a closet of a hotel room rent
• In re Standard Crim. Jury Instructions in Cap. Cases
  214 So. 3d 1236· Fla.· 2017-04-13 ·cited 7×
  This case is a dissenting opinion arguing that the United States Constitution and Supreme Court precedent do not support the Florida Supreme Court's prior holding in Hurst v. State regarding capital sentencing.
• Laing v. State
  200 So. 3d 166· Fla. 5th DCA· 2016-06-24 ·cited 7×
  A probation revocation cannot be based solely on hearsay evidence.
• Adonis Pupo-Diaz v. State
  966 So. 2d 1010· Fla. 2d DCA· 2007-10-12 ·cited 7×
  Adonis Pupo-Diaz appealed the revocation of his probation based on a finding that he knowingly provided false information on a commercial driver's license application. The court reversed, holding that the State failed to prove beyond the greater weight of the evidence that Pupo-D
• Faircloth v. State
  50 So. 3d 788· Fla. 1st DCA· 2010-12-29 ·cited 6×
  The court held that the trial court erred in finding a probation violation for driving with a suspended license due to lack of proof of knowledge, and that jail time credit on consecutive sentences cannot be pyramided.
• Hill v. State
  890 So. 2d 485· Fla. 5th DCA· 2004-12-30 ·cited 6×
  Jerome Hill appeals the revocation of his probation, arguing insufficient evidence and failure to prove willful and substantial violations. The Fifth District Court of Appeal affirmed the trial court's revocation, finding adequate evidence of multiple violations including absence
• Rufino Guebara v. State
  856 So. 2d 1087· Fla. 5th DCA· 2003-10-17 ·cited 6×
  The trial court applied the wrong standard when ruling on the defendant's motion for a new trial by using a sufficiency of the evidence test instead of a weight of the evidence test.
• Hernandez v. State
  723 So. 2d 886· Fla. 4th DCA· 1998-12-23 ·cited 6×
• Smith v. State
  711 So. 2d 100· Fla. 1st DCA· 1998-04-17 ·cited 6×
  Marvin Smith appeals the revocation of his probation for alleged violations. The Florida First District Court of Appeal reversed, finding no competent and substantial evidence that Smith willfully violated his probation conditions, as required by law.
• Swift v. State
  473 So. 2d 818· Fla. 2d DCA· 1985-08-09 ·cited 6×
  Randall Swift appeals the revocation of his probation in a community control program under Florida's Youthful Offender Act. The court reverses the revocation, holding that the state presented insufficient evidence to prove violations of community control beyond the greater weight
• Pelekis v. Fla. Keys Boys Club, Inc.
  358 So. 2d 849· Fla. 3d DCA· 1978-05-09 ·cited 6×
  The appellate court affirmed the trial court's denial of the motion to vacate the final judgment, finding no abuse of discretion.
• Kimmons v. State
  267 So. 3d 1082· Fla. 1st DCA· 2019-04-03 ·cited 5×
  Steven Earl Kimmons appeals his probation revocation and five-year prison sentence imposed after he was convicted of one count of sexual battery while on probation for grand theft of an automobile. The court affirmed the revocation based on the new conviction but remanded for the
• Crapps v. State
  155 So. 3d 1242· Fla. 4th DCA· 2015-01-28 ·cited 5×
  Kelvin Crapps appeals the revocation of his probation for multiple alleged violations stemming from a home invasion robbery. The court reversed the revocation as to the robbery-related charges due to insufficient evidence but affirmed it as to resisting an officer without violenc
• In re Standard Jury Instructions IN Civil Cases-Report NO. 09-10 (Products Liability)
  91 So. 3d 785· Fla.· 2012-05-17 ·cited 5×
  The Florida Supreme Court granted preliminary approval for revised standard jury instructions in products liability cases, with specific modifications to proposed instructions while rejecting others and referring several proposals back to the Committee for further revision before
• Roscoe Brown v. State
  86 So. 3d 1225· Fla. 2d DCA· 2012-05-02 ·cited 5×
  Roscoe Brown appeals the revocation of his probation based on a single curfew violation after nearly two years of compliance. The Florida District Court of Appeal reversed the revocation, holding that the trial court abused its discretion by applying a per se rule that all curfew
• Davis v. State
  945 So. 2d 607· Fla. 4th DCA· 2006-12-20 ·cited 5×
  Mario Davis appeals the revocation of his probation. The appellate court affirmed the trial court's finding that Davis violated his probation by dealing in stolen property and providing false verification of ownership to a pawn broker, but reversed the finding regarding failure t
• Carlton Willis v. State
  727 So. 2d 952· Fla. 4th DCA· 1998-10-21 ·cited 5×
  Carlton Willis appealed the revocation of his probation for carrying a concealed firearm, contending there was no evidence he committed aggravated assault and that revocation was improper regarding cost and community service conditions lacking payment schedules. The court affirme
• Javon Markel Franklin v. State
  286 So. 3d 962· Fla. 1st DCA· 2020-01-08 ·cited 4×
  The appellate court affirmed a conviction for possession of a firearm by a convicted felon. The court found that a photograph of the firearm, though placed on a seat rather than found underneath, was admissible and that the trial court properly considered the weight of the eviden
• Kline v. State
  274 So. 3d 525· Fla. 1st DCA· 2019-06-07 ·cited 4×
  Appellant was convicted of 10 counts of child pornography and challenged his judgments and sentences on appeal, arguing the trial court's denial of his motion for new trial was unclear regarding which legal standard was applied. The court held that appellant failed to preserve th
• Turner v. State
  261 So. 3d 729· Fla. 2d DCA· 2018-12-19 ·cited 4×
  Timothy Turner appealed his life sentence imposed upon revocation of community control, arguing that the trial court improperly considered pending new law violations in violation of the Norvil bright-line rule prohibiting consideration of subsequent arrests without conviction dur
• Mitchell v. State
  245 So. 3d 805· Fla. 4th DCA· 2018-04-25 ·cited 4×
  A trial court's failure to explicitly articulate the legal standard when denying a motion for new trial is not reversible error where the defendant fails to contemporaneously object and the record does not reveal application of an incorrect standard. The defendant bears the burde
• Allen v. State
  211 So. 3d 48· Fla. 4th DCA· 2017-01-04 ·cited 4×
  Michael Allen appeals his probation revocation and resulting prison sentence. While the appellate court affirmed the trial court's finding that Allen violated his probation, it reversed the sentence on constitutional grounds, holding that the trial court improperly conditioned a
• Thadius Glover v. State
  17 So. 3d 886· Fla. 4th DCA· 2009-09-16 ·cited 4×
  Thadius Glover appealed the revocation of his probation based on alleged violations including burglary of a conveyance, grand theft, and resisting an officer. The court upheld the resisting officer conviction but reversed the burglary and grand theft convictions due to insufficie
• Nakia Dawson v. State
  921 So. 2d 763· Fla. 1st DCA· 2006-02-22 ·cited 4×
  Nakia Dawson appeals the revocation of her probation for abuse of a disabled adult. The Florida First District Court of Appeal reversed because the trial court improperly relied solely on hearsay evidence to support the revocation, violating the rule that probation cannot be revo
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 00-1)
  795 So. 2d 51· Fla.· 2001-03-08 ·cited 4×
  The Court authorized the publication and use of proposed amendments to the Standard Jury Instructions in Civil Cases, including new language emphasizing juror candor during voir dire.
• City OF Cocoa v. Holland Props., Inc.
  625 So. 2d 17· Fla. 5th DCA· 1993-09-03 ·cited 4×
  The City of Cocoa appeals the trial court's denial of an order of taking for Holland Properties' land needed for water well sites. The appellate court reverses, holding that Cocoa satisfied its burden of establishing reasonable necessity for the taking through the state water man
• Dunlap-McCULLER v. The Riese Org.
  980 F.2d 153· 2d Cir.· 1992-11-25 ·cited 4×
  The court held that a district court's grant of a motion for a new trial based on a verdict against the clear weight of the evidence is generally non-reviewable under Second Circuit precedent.
• Damaris Nazario v. State
  535 So. 2d 295· Fla. 4th DCA· 1988-10-26 ·cited 4×
  A trial court correctly applied the preponderance-of-evidence standard in finding voluntary consent to search luggage obtained during a lawful police encounter aboard a bus, where the defendant signed a consent form and never withdrew her consent.
• John C. Rogers & Co., Inc. v. The United States
  524 F.2d 1220· C.C.P.A.· 1975-11-06 ·cited 4×
  The court affirmed the Customs Court's decision, finding no error in its classification of the importations and applying the rule of stare decisis.
• Barr v. State
  45 Fla. L. Weekly D250· Fla. 1st DCA· 2020-04-01 ·cited 3×
  The appellate court affirmed a defendant's conviction for armed robbery and grand theft auto. The court found that the defendant failed to preserve his argument that the trial court applied the incorrect legal standard when denying his motion for a new trial.
• In re Standard Jury Instructions in Crim. Cases - Report 2018-13
  272 So. 3d 1210· Fla.· 2019-06-06 ·cited 3×
  The Florida Supreme Court reviewed proposed amendments and new standard jury instructions in criminal cases submitted by its Committee. The Court authorized most of the proposed changes, including revisions to instructions on insanity, involuntary intoxication, and entrapment, an
• In re Standard Jury Instructions IN Civil Cases & Standard Jury Instructions in Contract & Bus. Cases-Joint Report No. 18-01.
  260 So. 3d 965· Fla.· 2018-12-20 ·cited 3×
  The Florida Supreme Court approved new standard jury instructions for breach of fiduciary duty cases in civil and contract/business matters. The Court authorized thirteen numbered instructions (451.1-451.13) addressing various aspects of fiduciary duty claims, including elements,
• Bravo v. State
  268 So. 3d 193· Fla. 2d DCA· 2018-12-12 ·cited 3×
  Maria Bravo appeals the revocation of her community control and resulting three-year prison sentence. The appellate court reversed, finding that the State failed to prove Bravo willfully and substantially violated her community control condition requiring her to remain confined t
• Rodgers v. State
  171 So. 3d 803· Fla. 2d DCA· 2015-08-07 ·cited 3×
  Earl Rodgers appealed the revocation of his probation for sexual activity with a child. The court affirmed the revocation but remanded to strike one unsupported violation regarding contact with the victim's brother, as the record lacked competent substantial evidence of that cont
• Bacon & Bacon Mfg. Co., Inc. v. Bonsey P'rs
  62 So. 3d 1285· Fla. 2d DCA· 2011-06-24 ·cited 3×
  The Bacons appeal a judgment dismissing their fraud and negligent misrepresentation claims against the Bonseys regarding the sale of a machine shop. The court reverses and remands because the trial court applied the wrong burden of proof (clear and convincing evidence instead of
• Holmes v. State
  988 So. 2d 1252· Fla. 5th DCA· 2008-08-29 ·cited 3×
  The court held that the evidence was insufficient to prove the defendant knowingly associated with persons engaged in criminal activity, as required by his probation terms.
• In re Standard Jury Instructions (Civil Cases 88-3)
  540 So. 2d 825· Fla.· 1989-03-09 ·cited 3×
  The Florida Supreme Court approved proposed amendments to Florida Standard Jury Instructions (Civil) to implement provisions of the 1986 Tort Reform Act, particularly regarding apportionment of damages by fault in civil cases. The amendments modify instructions on punitive damage
• Adeena Weiss v. Weiss
  Fla. 3d DCA· 2024-05-29 ·cited 2×
  Transfer of stock in a closely held corporation requires documentary evidence sufficient under applicable statutory provisions, and extrinsic evidence of intent alone is insufficient absent such documentation.
• Roberts v. State
  349 So. 3d 928· Fla. 5th DCA· 2022-10-14 ·cited 2×
  A defendant forfeits appellate review of a discovery violation claim when the specific argument regarding prejudice is not presented to the trial court, and a motion for new trial must be evaluated under the weight-of-the-evidence standard, not the sufficiency-of-the-evidence sta
• State v. Dixon
  308 So. 3d 1121· Fla. 2d DCA· 2020-12-30 ·cited 2×
  The appellate court reversed a restitution order because the trial court failed to hold a restitution hearing when requested by both the State and the defense. The court emphasized that restitution must be supported by competent, substantial evidence presented at a hearing.
• M. P. v. State
  256 So. 3d 231· Fla. 2d DCA· 2018-09-21 ·cited 2×
  The trial court erred in awarding restitution for the electronic torque wrench, Samsung Gear S watch, and cordless screwdriver due to insufficient evidence of fair market value at the time of theft, and erred in failing to make findings regarding the juvenile's and his parents' r
• Loudermilk v. State
  211 So. 3d 356· Fla. 5th DCA· 2017-02-24 ·cited 2×
  Florida appellate court affirmed denial of continuance motion but reversed and remanded because trial court applied wrong legal standard (sufficiency of evidence instead of weight of evidence) to motion for new trial in drug trafficking case.
• Octavius Ware v. State
  159 So. 3d 192· Fla. 1st DCA· 2015-02-11 ·cited 2×
  Octavius Ware appealed the denial of his motion for a new probation violation hearing based on newly discovered evidence of his girlfriend's perjury conviction. The court affirmed the denial, finding that although the perjury conviction qualified as newly discovered evidence, it
• Romaine Nugent v. State
  45 So. 3d 528· Fla. 4th DCA· 2010-10-06 ·cited 2×
  Romaine Nugent appealed the revocation of his community control and 50-month prison sentence, challenging findings that he violated probation by committing battery on an elderly person and corruption by threat. The appellate court upheld the battery finding but agreed the corrupt