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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434 F.2d 170·
9th Cir.·
1970-11-09
·cited 26×
The court held that the arrest was based on probable cause and the seizures were reasonable, and that a mistrial was not warranted by a witness's brief, unadmitted reference to suppressed evidence.
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432 F.2d 371·
10th Cir.·
1970-09-28
·cited 26×
The court held that the Fifth Amendment privilege against self-incrimination, as established in Leary v. United States, barred prosecution on count 7, requiring its dismissal. Other convictions were affirmed.
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The admission of a defendant's prior conviction was prejudicial error, requiring reversal.
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The court held that the evidence was sufficient for the jury, convicted felons are competent witnesses, and allowing an investigating officer to testify while other witnesses were excluded was not an abuse of discretion. The prosecutor's improper bolstering of witnesses was harml
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The court held that the conspiracy count of the indictment was fatally defective due to a missing element, requiring reversal of the convictions.
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The court held that prejudicial comments by the trial judge regarding the appellant's entrapment defense constituted reversible error.
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The majority holds that asking an impeaching question about a conviction that did not exist constituted prejudicial error.
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The court held that a variance between an indictment charging a single conspiracy and proof showing multiple separate conspiracies is reversible error if prejudicial.
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The court held that the appellant was properly convicted of mail fraud and conspiracy, affirming the district court's judgment. The court found no reversible error in the trial proceedings, including evidentiary rulings, jury instructions, and jurisdictional issues.
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P. D. Dixon was convicted of assault with intent to commit murder after cutting B. W. Waller with a knife during an altercation on a public street. Dixon appealed, arguing the trial court erred in its jury instructions on self-defense, but the Florida Supreme Court affirmed the c
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The court held that admitting a police detective's opinion testimony identifying the defendant in a surveillance video invaded the province of the jury.
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858 So. 2d 999·
Fla.·
2003-06-05
·cited 25×
The Florida Supreme Court held that neuropsychologists may testify regarding the temporal stages of brain development and behavioral-functional patterns as they relate to organic brain development, but not regarding medical causation of brain damage. The Court approved the Fourth
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The court held that the trial court's failure to conduct a Richardson hearing after a discovery violation necessitated reversal, regardless of harmless error.
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Carlton Rolle was convicted of felony DUI based on a blood alcohol level of 0.10% or higher. The court reversed his conviction, holding that the jury instruction implementing Florida's statutory presumption that a 0.10% BAC establishes impairment as a matter of law violates the D
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The court held that the district court erred in refusing to sequester a government witness under Federal Rule of Evidence 615, and that a conviction based on that witness's testimony must be reversed. The court also found the evidence minimally adequate to establish the materiali
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The court held that the jury instructions were proper and the evidence was sufficient to support the convictions, affirming the convictions and sentences.
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The court held that the admission of the defendant's statements, though potentially tainted by an unlawful arrest, was not plain error because no objection was made at trial and the government presented a strong case. The court also held that an inadmissible opinion statement by
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571 F.2d 941·
5th Cir.·
1978-04-21
·cited 25×
The court held that the trial court's restriction of cross-examination regarding the victim's homosexuality was harmless error, and the Master Charge tickets were properly admitted as business records.
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533 F.2d 1121·
9th Cir.·
1976-03-26
·cited 25×
The court held that the Miranda error was harmless and did not entitle the defendant to acquittal or remaining in the country.
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525 F.2d 1295·
7th Cir.·
1975-11-26
·cited 25×
The court held that denying an alien a reasonable continuance to obtain counsel in a deportation proceeding, when the denial is arbitrary and capricious, constitutes a denial of statutory rights and procedural due process, and such denial is inherently prejudicial, not subject to
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426 F.2d 480·
6th Cir.·
1970-05-07
·cited 25×
The court held that the search was legal under pre-Chimel precedent, evidence of subsequent acts was admissible, and the denial of a bill of particulars and continuance were not abuses of discretion.
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89 Fla. 26·
Fla.·
1925-01-24
·cited 25×
Walker Bryant was convicted of arson with intent to defraud insurance companies for burning an insured building. The Florida Supreme Court upheld the conviction, rejecting Bryant's argument that the indictment was defective for ambiguously allocating the intent element between th
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Jerry Anderson appealed the summary denial of his Rule 3.850 motion challenging his sentencing on a probation violation. The Second District reversed regarding a scoresheet error claim, holding that Anderson was entitled to resentencing unless the record conclusively demonstrated
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The trial court reversibly erred by impermissibly injecting itself into the proceedings and becoming an active participant, which was not harmless error.
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684 So. 2d 1378·
Fla. 4th DCA·
1996-12-11
·cited 24×
Richard Brower was convicted of first-degree murder and aggravated burglary, but the Florida District Court of Appeal reversed because the trial court failed to follow the procedure mandated by Coney v. State for ensuring the defendant's knowing and voluntary waiver of his right
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The television receipt was not hearsay when offered to show the defendant's connection to the apartment and television, not for the truth of payment.
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940 F.2d 1329·
10th Cir.·
1991-07-24
·cited 24×
The court held that the introduction of a surreptitiously taped conversation violated the defendant's Sixth Amendment right to counsel regarding pending MDMA charges, and this violation extended to the witness tampering charge. The court also found insufficient evidence to suppor
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A sentencing court must either disclose documents it relies on for factual content or clearly state it is not using them for factual content, to afford the defendant a fair opportunity to challenge them.
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The court affirmed the conviction and sentence, finding that any discovery violations were harmless and the evidence was sufficient to support the conspiracy conviction, with the substantive possession conviction affirmed under the Pinkerton doctrine.
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897 F.2d 1075·
11th Cir.·
1990-04-02
·cited 24×
The court held that the admission of Chitty's statements, though an error, was harmless, and that Pena failed to demonstrate prejudice from the joint trial or the jury instructions.
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The dissenting judge would reverse the judgment in favor of the plaintiff, arguing that numerous errors committed by the district court, particularly the improper joinder of plaintiffs and erroneous jury instructions, were not harmless and prejudiced the defendant. The dissent co
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876 F.2d 589·
7th Cir.·
1989-06-07
·cited 24×
A search warrant is not invalid if the lawfully obtained information in the affidavit is sufficient to establish probable cause, even if unlawfully obtained information is also present.
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The court held that the evidence was sufficient to support convictions for embezzlement and conspiracy to embezzle, and that other alleged errors did not warrant reversal.
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The court held that the admission of evidence of post-conspiracy cocaine possession was an abuse of discretion under Federal Rule of Evidence 404(b) because it was not probative of any material issue other than character and thus was inadmissible 'other crimes' evidence.
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843 F.2d 1062·
7th Cir.·
1988-04-11
·cited 24×
The court held that the district court abused its discretion by admitting certain prior bad acts evidence and photographs that were not properly linked to the charged crime or were unduly prejudicial, requiring reversal of the convictions.
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The court held that while one of the four reasons for departure was invalid, the remaining three valid reasons were sufficient to support the sentence, and the state met its burden to show the departure would have occurred regardless.
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800 F.2d 1216·
3d Cir.·
1986-09-09
·cited 24×
A showing of actual prejudice is not required for reversal when a class of jurors is arbitrarily excluded from a petit jury, even if the fair cross-section requirement is inapplicable.
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The court held that the district court did not commit reversible error in its jury instructions on witness credibility and burden of proof, nor in admitting evidence of prior wrongful acts or prior consistent statements.
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The Florida Supreme Court reversed Derrick Smith's conviction and death sentence for first-degree murder because of multiple constitutional errors during trial, including improper comments on Smith's exercise of his right to remain silent and admission of a statement made after S
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791 F.2d 125·
8th Cir.·
1986-05-22
·cited 24×
The court held that the admission of evidence of other crimes, the denial of a change of venue due to pretrial publicity, the composition of the jury panel, the prosecutor's voir dire questions, and testimony regarding the defendant's invocation of his rights were either procedur
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786 F.2d 826·
8th Cir.·
1986-03-17
·cited 24×
The court held that the trial court did not abuse its discretion in limiting cross-examination, admitting evidence of an unrelated conspiracy, or admitting testimony from a witness with memory issues, and that the prosecutor's improper comment about the defendant lying was not pr
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749 F.2d 1302·
9th Cir.·
1984-12-18
·cited 24×
The court held that the evidence was insufficient to warrant a jury instruction on the defense of duress, and the admission of certain documents constituted harmless error.
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The court held that the admission of a coconspirator's testimony about his agreement with the government, even without a limiting instruction, was harmless error given the overwhelming evidence. It also held that the district court did not abuse its discretion in denying severanc
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451 So. 2d 487·
Fla. 5th DCA·
1984-03-29
·cited 24×
Angelo DiGuilio was convicted of conspiracy to traffic in cocaine following a jury trial. The court reverses and remands for a new trial because the prosecutor improperly elicited testimony that commented on the defendant's exercise of his Fifth Amendment right to remain silent.
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The indictment was insufficient because it lacked the specificity required to link the grand jury's concerns to the evidence presented at trial.
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720 F.2d 1059·
9th Cir.·
1983-11-18
·cited 24×
The court held that the admission of Sergeant McNabb's testimony, which recounted statements made by appellant Jackson during a custodial street confrontation, was prejudicial error violating Miranda and Rule 403, requiring reversal.
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719 F.2d 975·
9th Cir.·
1983-09-07
·cited 24×
The court affirmed the conviction, holding that the indictment was not unconstitutionally vague, the detention and search at the checkpoint were lawful, the denial of a motion to continue for new counsel was proper, prosecutorial misconduct did not prejudice the defendant, and th