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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880 F.2d 694·
4th Cir.·
1989-06-16
·cited 27×
The court affirmed the bankruptcy court's confirmation of the reorganization plan, finding that the disclosure statement was adequate, the voting procedure was harmless error, the feasibility findings were supported, and the injunction against third-party suits was within the ban
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James Henry Moore appeals his conviction for aggravated child abuse of his 17-year-old daughter. The appellate court affirmed his conviction but reversed and remanded for resentencing, finding error in the trial court's admission of pretrial exculpatory statements (though harmles
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The court held that the prosecutor's exploitation of the defendant's post-arrest silence regarding entrapment violated the Due Process Clause and constituted plain error.
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789 F.2d 485·
7th Cir.·
1986-04-21
·cited 27×
The court held that the admission of evidence obtained from the appellants' car was harmless error, and the denial of John Rudolph's motion for severance was not an abuse of discretion.
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The court held that the evidence was insufficient to support kidnapping convictions and that a departure sentence was improper without an affirmative election for guidelines sentencing.
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The dissenting judge believes the trial court erred by not disclosing damaging statements made by the client's attorney to the judge, and that this error was not harmless.
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The petitioner lacks standing to assert an Equal Protection claim based on the underrepresentation of women on the jury pool, as he is not a member of the underrepresented group.
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687 F.2d 967·
7th Cir.·
1982-08-23
·cited 27×
The court held that the defendant failed to preserve the issue of the admissibility of prior convictions for appeal by not obtaining a definitive ruling from the trial court. It also held that the trial court did not abuse its discretion in conducting the voir dire or denying sev
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The court held that the juvenile's confession was admissible, the destruction of FBI notes was harmless error, and the government met its burden of proof for federal jurisdiction. The court affirmed the conviction.
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514 F.2d 1073·
9th Cir.·
1975-03-12
·cited 27×
The court held that the evidence was sufficient to support the convictions, the trial court did not abuse its discretion in denying motions for mistrial or suppression, and the admission of a prior conviction was proper for limited purposes.
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65 So. 2d 307·
Fla.·
1953-05-19
·cited 27×
Alvin Davis was convicted of breaking and entering based in part on preliminary hearing testimony from seven absent witnesses whose transcripts were read to the jury. The Florida Supreme Court reversed, holding that preliminary hearing testimony is inadmissible in a subsequent cr
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The admission of an FBI agent's testimony regarding a statement made by an alleged co-conspirator, which implicated the defendant, was inadmissible hearsay and prejudicial error.
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A Stromberg error occurred because the jury returned a general verdict and one predicate offense was invalid, but the error was harmless because the conviction was based on valid predicate offenses.
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The Florida Supreme Court resolved a conflict among district courts regarding when a defendant is "adversely affected" by the 1995 sentencing guidelines amendments invalidated in Heggs v. State. The Court held that a defendant sentenced to an upward departure is not adversely aff
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Denzil Williams appeals his conviction for first-degree murder and related charges, arguing that the trial court violated his Sixth Amendment right to a public trial by excluding his family members from the courtroom during jury selection (voir dire). The Florida appellate court
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642 So. 2d 4·
Fla. 2d DCA·
1994-07-06
·cited 26×
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The court held that the defendant's incriminating statements were voluntary and admissible, and that the admission of his prior drug conviction, even if potentially improper, did not constitute reversible error.
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553 So. 2d 1355·
Fla. 4th DCA·
1989-12-20
·cited 26×
The court held that while the trial court did not strictly adhere to all statutory requirements regarding out-of-court statements by child victims and the unsworn testimony of a young child, any errors were harmless due to overwhelming evidence of guilt, and the admission of coll
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The Eighth Circuit affirmed the jury's verdict awarding the plaintiff $10,000 on his section 1983 claim, finding sufficient evidence that prison officials acted with reckless disregard of the plaintiff's right to protection from sexual assault. The court also affirmed the award o
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839 F.2d 432·
9th Cir.·
1988-01-29
·cited 26×
The court held that the Secretary's decision denying disability benefits was supported by substantial evidence and free from legal error.
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827 F.2d 1222·
8th Cir.·
1987-09-03
·cited 26×
A student loan nondischargeable in Chapter 7 is not automatically nondischargeable in Chapter 13, and the "best interests of creditors" test requires comparing actual Chapter 7 recovery to Chapter 13 plan payments.
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503 So. 2d 1250·
Fla.·
1987-02-05
·cited 26×
The Florida Supreme Court held that the harmless error doctrine cannot be applied to an erroneous denial of a defendant's right to an evidentiary hearing under Rule 3.850 for postconviction relief. The Court quashed the district court's decision and remanded for the trial court t
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The court held that the admission of the 'Williams check' evidence was an abuse of discretion because its probative value for knowledge and credibility was substantially outweighed by its potential for prejudice, and the error was not harmless.
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504 So. 2d 1267·
Fla. 1st DCA·
1986-12-02
·cited 26×
Mark Watson appealed his conviction for sexual battery with great force on multiple grounds, including claims that the trial court erred in denying mistrials based on alleged improper comments about his right to remain silent, refusing requested jury instructions, and imposing a
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The court affirmed the denial of the habeas corpus petition, holding that while a Sixth Amendment violation occurred, it was harmless error because the unmasked information was cumulative and did not contribute to the verdict.
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765 F.2d 1020·
11th Cir.·
1985-07-15
·cited 26×
The court held that the English transcript of Spanish conversations was properly admitted as substantive evidence, and while the admission of hearsay statements was error, it was harmless due to sufficient other evidence.
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732 F.2d 865·
11th Cir.·
1984-05-21
·cited 26×
The admission of evidence concerning a prior offense for which the appellant was acquitted violated the constitutional principle of collateral estoppel, and this error was not harmless.
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The court held that while severance should have been granted due to mutually antagonistic defenses, the denial was harmless error because the overwhelming evidence of guilt would have led to the same guilty verdicts. The admission of testimony regarding the robbers' race based on
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699 F.2d 917·
7th Cir.·
1983-02-04
·cited 26×
Noncompliance with a state contemporaneous-objection rule bars federal habeas review absent a showing of cause and prejudice; the identification was reliable despite suggestive procedures.
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The court held that the jury's finding of no negligence by the shipowner was reasonable, and that the jury instructions, while potentially abstract, were not prejudicial.
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The court held that a jury instruction on the presumption of intent, when viewed in the context of the entire charge which emphasized the presumption of innocence and the state's burden to prove specific intent beyond a reasonable doubt, did not violate due process.
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406 So. 2d 503·
Fla. 3d DCA·
1981-11-03
·cited 26×
Graham appeals his conviction for robbery with a firearm, raising two issues: the trial court's failure to instruct the jury on specific intent as an element of robbery, and the denial of his motion to suppress evidence obtained from an illegal warrantless arrest in a motel room.
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648 F.2d 669·
10th Cir.·
1981-05-04
·cited 26×
The third Miranda warning was inadequate, and statements made thereafter were involuntary, thus they should have been excluded.
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606 F.2d 819·
8th Cir.·
1979-10-05
·cited 26×
The court held that the district court did not abuse its discretion in denying the motion for severance, permitting an FBI agent to sit at counsel table, or submitting certain exhibits to the jury.
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602 F.2d 855·
9th Cir.·
1979-05-18
·cited 26×
The court held that the defendant's statements were not made during plea negotiations and thus were admissible, and that any error in the district court's review of the magistrate's decisions was harmless.
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The court held that while the petitioner raised a constitutional claim regarding "spillover" prejudice from a double jeopardy-barred conspiracy charge, he failed to demonstrate actual prejudice, and therefore the denial of his motion to vacate the substantive convictions is affir
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583 F.2d 325·
7th Cir.·
1978-08-15
·cited 26×
The court held that the trial court did not err in denying severance motions or restricting cross-examination, and that most convictions were supported by sufficient evidence. However, the court reversed and remanded the perjury convictions for Steven R. Hansen due to prejudicial
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The court held that an affidavit statement was not hearsay and was admissible in the appellant's defense.
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The court held that the prosecutor's improper questioning of the defendant about his post-arrest silence was not harmless error beyond a reasonable doubt, requiring the issuance of a writ of habeas corpus.
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The court held that while the admission of testimony concerning currency seized following a warrantless arrest was error, it was harmless beyond a reasonable doubt given the overwhelming evidence of guilt.
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531 F.2d 959·
9th Cir.·
1976-03-15
·cited 26×
The court held that a prosecutor's comment on a defendant's silence after receiving Miranda warnings constitutes a violation of the Fifth Amendment, and such error is not harmless when it is extensive and stresses an inference of guilt.
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The court held that the appellant was not denied his right to a speedy trial, that the admission of Swiss bank records and deposition testimony was harmless error due to his admissions, and that the evidence established a crime against the United States.
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The court affirmed convictions for conspiracy to violate the Travel Act for some defendants, vacated others, and remanded for resentencing or new trial based on the specific facts and jury findings.
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The court held that the appellant's waiver of his rights was effective, and therefore his confession was admissible despite potential issues with Rule 5(a) delay.
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The court affirmed the conviction, holding that the admission made in a noncustodial setting was voluntary, and any error in failing to instruct the jury on the weight of the admission was nonprejudicial.
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479 F.2d 936·
7th Cir.·
1973-05-23
·cited 26×
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479 F.2d 290·
2d Cir.·
1973-05-16
·cited 26×
The court held that using a defendant's statements made to obtain appointed counsel as evidence in chief violates the Fifth and Sixth Amendments, and that such error was not harmless in this case.
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452 F.2d 554·
5th Cir.·
1971-12-16
·cited 26×
The court held that any errors in denying inspection of grand jury testimony or admitting documentary evidence were harmless and not prejudicial to the defendants' substantial rights. The convictions were affirmed.
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436 F.2d 1331·
5th Cir.·
1971-01-18
·cited 26×
The court held that the pre-trial photographic display did not impermissibly suggest the defendant, and any potential error was harmless beyond a reasonable doubt, affirming the convictions.