1,383 Florida cases classified under this topic, plus 1,569 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The dissenting judge would affirm the conviction, finding the error in restricting cross-examination was not prejudicial.
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410 F.2d 930·
7th Cir.·
1969-05-26
·cited 32×
The court held that the defendant was not denied his Sixth Amendment right to a speedy trial, that the admission of evidence concerning unexplained cash possession was proper, and that various jury instructions and prosecutorial comments did not constitute reversible error.
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320 F.2d 462·
5th Cir.·
1963-07-03
·cited 32×
The court held that the admission of certain sugar report forms into evidence was reversible error because it could not be said with fair assurance that the verdict was not substantially swayed by this inadmissible evidence.
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299 F.2d 811·
3d Cir.·
1962-02-21
·cited 32×
The court held that the trial court's failure to allow the defendant to make a statement before sentencing was an error requiring remand, but other alleged errors were either harmless or without merit.
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184 F.2d 18·
2d Cir.·
1950-07-17
·cited 32×
The court held that the trial judge's jury instructions on the presumption of innocence and reasonable doubt, despite some arguable phrasing, were not erroneous enough to warrant reversal, especially given the ample evidence and lack of timely objection.
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Bryan Jennings was convicted of the 1979 murder of six-year-old Rebecca Kunash and sentenced to death. On federal habeas review under 28 U.S.C. § 2254, Jennings challenged his death sentence on four grounds: (1) Brady violations based on withheld evidence regarding his intoxicati
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The panel erred in holding that Idaho's statutory aggravating factor of 'utter disregard for human life' is unconstitutionally vague, failing to give adequate deference to the Idaho Supreme Court's limiting construction.
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The court held that the state trial court's erroneous limitation on compulsory process did not warrant habeas relief as the absent witnesses' testimony was not material. It also held that the death sentence was not invalid under Collins v. Lockhart, as subsequent Supreme Court pr
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500 So. 2d 1362·
Fla. 5th DCA·
1986-12-24
·cited 31×
Caulder appeals his conviction for sexual battery on a child under eleven and lewd and lascivious conduct, challenging the trial court's refusal to instruct the jury on simple battery as a lesser included offense and the constitutionality of the mandatory life sentence. The Fifth
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662 F.2d 834·
D.C. Cir.·
1981-08-13
·cited 31×
The court held that while the trial court erred in limiting cross-examination regarding the witness's prior civil suits, this error was harmless beyond a reasonable doubt and did not warrant reversal of the convictions.
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496 F.2d 1125·
4th Cir.·
1973-08-20
·cited 31×
The dissenting judge holds that the abolition of the death penalty removed the statutory right to two attorneys for capital crimes.
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A defendant's presence is not constitutionally required at an evidentiary hearing to determine if wiretap evidence tainted their conviction, especially when represented by competent counsel who deems their presence unnecessary.
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190 F.2d 481·
2d Cir.·
1951-07-10
·cited 31×
The court held that the indictment was sufficient, evidence was properly admitted, and summation remarks were not grounds for reversal.
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The Florida Supreme Court affirmed the postconviction court's denial of Hall's motion to vacate his first-degree murder conviction and death sentence, and denied his habeas petition. Hall was convicted of murdering Corrections Officer Donna Fitzgerald while imprisoned and claimed
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William Fitzsimmons appealed his conviction for armed bank robbery, challenging the trial court's admission of evidence regarding his conduct at a different bank three days later and the subsequent police chase. The court held that this collateral crime evidence was neither suffi
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Brooks appealed a sentencing scoresheet that erroneously classified his primary conviction as armed carjacking instead of carjacking without a firearm, adding 36 points and increasing the minimum sentence from 39.3 to 66.3 months. The Fourth District affirmed the 10-year sentence
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938 F.2d 1343·
D.C. Cir.·
1991-07-16
·cited 30×
The court should not consider the harmless error doctrine when the government fails to argue it, as this would violate the adversary system and judicial neutrality.
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903 F.2d 16·
D.C. Cir.·
1990-05-15
·cited 30×
The court held that the admission of expert testimony regarding the "takeover" of the drug market by Jamaicans and the prosecutor's summation remarks linking appellants to this takeover were improper and prejudicial, requiring reversal of convictions.
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The court held that the defendants' arrests and searches were based on probable cause, their consent to search was voluntary, and their convictions were not affected by minor discrepancies in the indictment language or potential attorney conflicts of interest.
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834 F.2d 1277·
6th Cir.·
1987-12-08
·cited 30×
The court held that the government's violation of Fed.R.Crim.P. 12.1 regarding notice of an alibi rebuttal witness constituted plain error, requiring a new trial.
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822 F.2d 928·
10th Cir.·
1987-06-15
·cited 30×
The court held that the trial court did not err in refusing to instruct the jury on voluntary manslaughter and in denying the motion to disclose informant identities, but erred in admitting defendant's statements without prior disclosure under Rule 16, though this error was harml
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819 F.2d 221·
9th Cir.·
1987-06-05
·cited 30×
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Willie Scurry appeals his 30-year sentence for second-degree murder, which departed from the 12-17 year guideline range. The court affirmed the departure, finding that while some of the trial judge's reasons were impermissible, the valid reasons constituted clear and convincing e
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The court held that while the errors below were harmless, the extended detention periods without a probable cause determination violated the Fourth Amendment. Additionally, collateral estoppel may apply to overt acts in a conspiracy case if specific intent was necessarily decided
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453 So. 2d 1192·
Fla. 3d DCA·
1984-08-14
·cited 30×
Jeffrey Jones appeals his conviction for multiple crimes including burglary, sexual battery, robbery, grand theft, and dealing in stolen property. The court affirmed the convictions but reversed the grand theft conviction as duplicative of the dealing in stolen property convictio
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The court held that the introduction of evidence related to drug activities, while sometimes improper, was either harmless error or admissible for context and impeachment, and did not prejudice the defendant's substantial rights.
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724 F.2d 1529·
11th Cir.·
1984-02-16
·cited 30×
The court held that the simultaneous representation of a defendant and a government witness by the same attorney does not constitute ineffective assistance of counsel unless an actual conflict of interest adversely affected the attorney's performance.
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A defendant cannot challenge a federal firearms conviction based on the invalidity of a prior predicate felony conviction, even if that conviction is constitutionally infirm.
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Floyd Morgan was convicted of first-degree murder and sentenced to death for stabbing fellow inmate Joe Saylor to death in a Florida prison in 1977. The Florida Supreme Court affirmed the conviction and sentence, rejecting Morgan's arguments that the trial court committed reversi
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628 F.2d 54·
D.C. Cir.·
1980-02-15
·cited 30×
The court held that the prosecutor's cross-examination, which implied the defendant and a witness were involved in criminal activity without proper foundation, constituted reversible error.
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586 F.2d 860·
1st Cir.·
1978-11-14
·cited 30×
The court held that erroneous jury instructions on the burden of proof were not harmless error and mandated reversal. It also held that the defendant's statement made at arrest should have been subject to a suppression hearing regarding Miranda waiver.
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Federal Rule of Criminal Procedure 41 does not apply to state magistrates issuing state search warrants for state crimes, even if executed by federal officers.
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The court held that erroneous limitation of cross-examination is not per se reversible error, but is tested by the harmless error standard. The information sought by cross-examination was adequately presented to the jury through other means.
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The court held that the appellant's statement made during custodial interrogation should have been suppressed because he did not validly waive his Fifth Amendment rights, as evidenced by his signature placement on the waiver form. The court reversed the conviction and remanded fo
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Statements made in violation of Miranda, even if voluntary under traditional tests, must be suppressed, but their admission may be harmless error if the evidence of guilt is overwhelming.
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The court held that the trial court erred in failing to give a complete 'deliberate ignorance' instruction to the jury, which was prejudicial to the defendants' main defense. The court affirmed one conviction and reversed two others.
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533 F.2d 282·
5th Cir.·
1976-06-14
·cited 30×
The court held that the defendant's conviction was supported by sufficient evidence and that none of his appellate arguments warranted reversal, including claims of insufficient evidence, denial of compulsory process, prosecutorial misconduct, improper undercover operations, and
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The court held that the defendant waived his right to appeal on grounds of hearsay and prosecutorial misconduct by failing to object at trial, and that such issues did not constitute plain error.
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498 F.2d 1038·
D.C. Cir.·
1974-05-21
·cited 30×
The court held that the prosecutor's cross-examination of a defendant regarding his silence at the time of arrest, after being informed of his right to remain silent, was constitutionally impermissible and prejudicial error. However, a co-defendant's conviction was affirmed as hi
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The court held that the amendment to include the pain and suffering claim related back to the original filing, and that the settlement with a co-defendant did not fully preclude the plaintiff's wrongful death claim against the appellant, but remanded for allocation of settlement
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The court held that a search warrant affidavit containing both illegally obtained and legally obtained information must be quashed if the illegally obtained information is essential to establishing probable cause.
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448 F.2d 886·
5th Cir.·
1971-08-16
·cited 30×
Any error in admitting a private revenue ruling was harmless, and the jury charge did not improperly place the burden of proof on the government due to the use of special interrogatories.
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The court affirmed the jury verdict, holding that the plaintiff failed to properly preserve his alleged errors on appeal due to insufficient objections and that the exclusion of expert testimony was not prejudicial.
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365 F.2d 679·
8th Cir.·
1966-09-12
·cited 30×
The court held that the evidence was sufficient to convict the appellant of intimidating a Commissioner and assaulting a marshal, and that his other grounds for appeal lacked merit.
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The court held that it was error to allow cross-examination questions suggesting criminal conduct not resulting in conviction, and that such error was not harmless.
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The court held that while the admission of a prior arrest was error, it was cured by the trial judge's instructions and did not require reversal.
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The court held that the appellant's numerous asserted errors, when considered individually or in aggregate, did not constitute prejudicial error denying him a fair trial.
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Michael Reynolds challenged his death sentences under the Sixth and Eighth Amendments following Hurst v. State, arguing that jury instructions failed to require unanimous findings on aggravating factors and sufficient grounds for death. The Florida Supreme Court affirmed the deni
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845 So. 2d 987·
Fla. 1st DCA·
2003-05-23
·cited 29×
A sign posted at a child care facility need not contain specific words but must include language sufficient to place a reasonable person on notice that a licensed child care facility is present; where such evidence is presented, denial of a motion for acquittal is proper because
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Vernon Amos appeals his convictions for two counts of first-degree murder, attempted murder, robbery, and assault, and his death sentence. The Florida Supreme Court reverses and remands for a new trial, finding that multiple trial errors—including denial of attorney consultation